Apple Cannot Remove Unreal Engine Games From App Store, Rules Judge

The legal case between Apple and Epic Games is going to be one for the history books, as the two titans of industry battle over Fortnite and other Unreal Engine 4 games on the App Store.

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ICYMI, the full details on what’s been going on can be found here, but here’s the TLDR.

Epic Games is suing Apple (and Google) after Fortnite was removed from the App Store and Google Play Store. Apple also considered removing all games made with Epic’s Unreal Engine 4 from its store – something which would have a huge impact on many third party game developers. Now a judge has ruled that this shouldn’t happen – though Fortnite’s future is a different matter.

After filing a restraining order against Apple in order to block the company from removing Unreal games from the mobile app store, a judge has ruled in favour of Epic, stating that Apple cannot remove all games which use the Unreal development engine.

Credit: Epic Games

As per the official court document, Judge Yvonne Gonzales Rogers, of the Northern District of California, is still allowing Apple to continue to keep Fortnite off the App Store.

“Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In this regard, the equities do weigh against Apple,” says the document.

Credit: Epic Games

“The economy is in dire need of increasing avenues for creativity and innovation, not eliminating them. Epic Games and Apple are at liberty to litigate against each other, but their dispute should not create havoc to bystanders.

“Apple and all persons in active concert or participation with Apple, are temporarily restrained from taking adverse action against Epic Games with respect to restricting, suspending or terminating any affiliate of Epic Games… from Apple’s Developer Program.”

Credit: Epic Games

So if you have an iPhone and you happen to have a few games made in Unreal Engine 4 that you love, don’t worry, they’re legally not allowed to be pulled from sale or blocked by Apple. Hooray! Fortnite is a different matter, with the courts ruling that the game can continue to be kept off iOS.

“The Court observes that Epic Games strategically chose to breach its agreements with Apple which changed the status quo. No equities have been identified suggesting that the Court should impose a new status quo in favor of Epic Games,” says the document.

Expect more from this case – and Epic’s suit against Google – in the coming months. The next hearing is due September 28, with a third scheduled for 2021.

Featured Image Credit: Epic Games