Apple responds to Fortnite App Store lawsuit, saying Epic CEO Tim Sweeney asked for special treatment

The legal struggle continues.
Image via Epic Games

Apple has responded to Epic Games’ lawsuit against the company for pulling Fortnite off of the App Store, saying that Epic CEO Tim Sweeney asked for special treatment, as first reported by CNBC.

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The court filing, which can be read online, says Epic violated Apple’s App Store rules and it shouldn’t be temporarily placed back on the store while the court process proceeds.

In the filing, Apple produced three emails from Sweeney, including one from the morning of the day that Fortnite changed its payment process saying that it “will no longer adhere to Apple’s payment processing restrictions.”

“On June 30, 2020, Epic’s CEO Tim Sweeney wrote my colleagues and me an email asking for a ‘side letter’ from Apple that would create a special deal for only Epic that would fundamentally change the way in which Epic offers apps on Apple’s iOS platform,” said former Apple senior vice president Phil Schiller, who now runs the App Store.

Earlier this month, Sweeney said Epic wasn’t searching for a special deal, but that it was seeking to end Apple’s policy changes in the hunt for an open platform “equally benefiting all developers.”

Epic has asked for Fortnite to be temporarily re-added to the store, especially considering its new season is due to launch next week. But Apple’s lawyers are fighting against it.

“In the wake of its own voluntary actions, Epic now seeks emergency relief. But the ‘emergency’ is entirely of Epic’s own making,” Apple’s filing said.


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