Apple and Epic Games have been duking it out, both in and out of the courtroom, for quite some time now. But, eventually, things will wrap up. And, moving to that end, Apple has aimed to have one of the proceedings more prominent decisions tossed out.
As reported today by MacRumors, Apple has filed its final filing for the ongoing Apple v. Epic Games legal proceedings. This last leg is happening in the Court of Appeals for the Ninth Circuit, where both Apple and Epic Games have provided opening briefs already. Epic Games has already submitted its own cross-appeal brief as well, and this is Apple’s response to that.
And the company is swinging for the fences with its final filing, aiming to have the App Store injunction that was placed against Apple at the end of 2021 tossed out. Apple is still arguing that Epic Games did not suffer “irreparable harm” from the rules that Apple has in place for the App Store. Apple believes the original ruling, which said Apple would need to make changes to the App Store to allow third-party developers to provide means to alternate payment methods.
Per the filing today:
Epic introduced no evidence below that it ever suffered injury-in-fact from the anti-steering provisions, and it cites none on appeal. Having failed to prove such harm–before, during, or after litigation–Epic never had standing to sue under the [California Unfair Competition Law].
Apple has one more avenue to follow as well, following Epic Games’ departure from the App Store. The company now argues that Epic is no longer a developer submitting apps to the App Store, specifically Fortnite. Therefore, Epic Games cannot be impacted in any way by the guidelines imposed within the App Store.
As it stands, Apple already earned a stay in regards to the injunction handed down to the App Store. This meant that Apple could wait to implement the changes that were supposed to go into effect as of December 9, 2021. Apple is aiming to get that injunction tossed out entirely, which would then make it possible for Apple to not enforce those changes at all. At least, not yet, and not related to the court battle with Epic Games.
And hey, for what it’s worth, you can technically play Fortnite, the massively popular battle royale game from Epic Games, via game streaming services like GeForce NOW through Safari.
Are you still playing Fortnite on your iPhone or iPad these days?