US judge part grants and part denies Epic's injunction against Apple

US judge part grants and part denies Epic's injunction against Apple

US Judge Yvonne Gonzalez Rogers has part granted, and part denied Epic Games' injunction against Apple.

As detailed in court documents, Gonzalez Rogers maintained her previous stance on the injunction, as she granted Epic Games protection for its development tool, Unreal Engine. However, she also supported Apple in its decision to remove Fortnite from the App Store. Thus she has not forced the tech giant to reinstate it.

"The Court maintains its findings from the temporary restraining order and hereby grants in part and denies in part Epic Games' motion for a preliminary injunction," said Gonzalez Rogers.

Significant ramifications

However, Judge Gonzalez Rogers has pointed out that any decision made in regards to Epic and Apple's case could have a significant impact on the likes of Sony, Nintendo and Microsoft.

"Sony, Nintendo and Microsoft all operate similar walled gardens or closed platform models as Apple, whereby the hardware, operating system, digital marketplace, and IAPs are all exclusive to the platform owner," said Gonzalez Rogers.

"As such, a final decision should be better informed regarding the impact of the walled garden model given the potential for significant and serious ramifications for Sony, Nintendo and Microsoft and their video game platforms."

A unique platform

Furthermore, Gonzalez Rogers pointed out that while Epic considers the iOS platform to be unique given its portability, the Fortnite creator continued to ignore discussions about laptops, tablets and the Nintendo Switch, all of which can be played anywhere, in a similar fashion to smartphones.

"Epic Games' avers that the iOS platform is unique from other gaming devices. Specifically, Epic Games argues that gaming consoles and computers require electrical outlets and separate screens and thus lack capacity for mobile play, which demands portable, battery-operated, and cellularly connected devices with built-in screens," said Gonzalez Rogers.

"Yet, Epic Games repeatedly ignored discussion of gaming laptops, tablets, and the Nintendo Switch, all of which can be played in a mobile fashion. These devices could have significant overlap with the iOS platform in terms of the ultimate consumer.

"Again, however, at this stage, the record does not contain sufficient information to determine whether such other devices are economic substitutes or are merely complimentary to iOS devices."

Epic Games and Apple have chosen to forgo a trial by jury, and will instead have a bench trial which is scheduled for May 2021.

Staff Writer

A freelance writer based in Berkshire. Besides PG and PCGI she has written as a guides writer, specialising in RPG's and horror.


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