Apple’s claims of theft in Epic’s lawsuit against the company over App Store rules have again been challenged by the game’s developer, with the idea coming up on Friday that Epic did not “steal” anything from Apple at all.
The latest filing in the ongoing legal battle between Epic Games and Apple over “Fortnite” and monetization in the App Store also contains accusations from Epic that it is innocent of Apple’s claims that it has not fulfilled its contractual commitments. Instead, Epic claims that Apple’s theft claims are absurd when applied to purchases made through its own servers.
Until now, Apple has insisted that its actions are for legitimate business reasons, including the threat of closing accounts for developers related to Unreal Engine. However, Friday’s statement objected to Apple’s suggestion that “the gross disregard for contractual commitments and other breaches of Epic has caused significant harm to Apple.”
In his response, noticed by On the edge, Epic argues that his actions are “far from the delinquent – even allegedly criminal – behavior that Apple’s Opposition portrays.”
Simply put, Epic did not “steal” anything that belonged to Apple. Epic could not and did not “steal” the sales revenue of its own creative efforts. Nor did Epic interfere with any future economic advantage that Apple Fortnite users also stand apart from their interest in Fortnite, the submission said.
Later in the 20-page document, Epic likened Apple to an “Epic agent” for App Store transactions by providing the App Store, but it was “not a party to the sales contract or user agreement,” citing iTunes legal documents. .
Epic then accuses Apple of stealing the allegation, which boils down to “the unusual claim that collecting Epic payments from Epic game players to enjoy the works of Epic artists, designers and engineers is taking something which belongs to Apple. ”
It was then alleged that Epic was “forced to agree to make Apple its sales agent” on the App Store as part of the licensing agreement, before openly acknowledging that “offering Fortnite users the choice to make purchases directly from Epic, Epic violates these contractual provisions (assuming they are legal. ”
Epic then doubled, reiterating that “Epic has not stolen or converted Apple’s property.”
Following the last hearing on the matter on September 28, the case will be referred to a full trial, to be held sometime in July 2021. Judge Yvonne Gonzalez Rodgers set a deadline for filing trial data, but Rodgers nevertheless suggested that this it should be a jury trial, and both Apple and Epic agreed that the decision should be made by the court itself, not the public.