Bloomberg reports that Epic Games has won the dismissal of two Apple tort claims in a dispute over access to its Fortnite game on the App Store.
U.S. District Judge Yvonne Gonzalez Rogers threw out the two claims. The rest of the breach-of-contract case moves forward. Apple said it disagreed with the judge, but added it’s clear Epic breached its contract with the company.
“Epic enabled a feature in its app which was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines that apply equally to every developer who sells digital goods and services,” Apple said in an emailed statement to Bloomberg. “Their reckless behavior made pawns of customers, and we look forward to making it right for them in court next May.”
This is all part of an ongoing legal battle between Apple and Epic. On Aug. 13, Epic Games announced that it had introduced a new direct payment option in the Fortnite app for iPhone and iPad, allowing players to purchase 1000 V-Bucks for US$7.99 rather than $9.99 through Apple’s in-app purchase mechanism. Shortly thereafter, Apple removed the gamer from the App Store for violating store polices and followed up by shutting down the company’s developer account. Epic immediately filed a lawsuit against Apple in the U.S. District Court for the Northern District of California.
In September Apple filed a countersuit to stop the game maker from using its own payment system for Fortnite. Apple also accused Epic of theft and sought extra monetary damages beyond breach of contract.
