Five years after Fortnite’s removal from the Apple store, a US court ruling has given Epic Games the opportunity to have the game reinstated.
Back in 2020, Epic Games kicked off a legal brouhaha with Apple after Fortnite was delisted from Apple’s storefront, meaning iOS players could no longer download the game or receive updates.
Despite the lawsuit ending in 2021, neither side was wholly victorious on the matter and Epic Games tried dragging things out with an appeal that was rejected by the US Supreme Court last year.
However, following a recent ruling against Apple, Epic Games has seized on the opportunity to make peace with Apple and get Fortnite back on the Apple store.
For context, in 2021, US district judge Yvonne Gonzalez Rogers ruled that Apple could no longer prevent developers from informing customers about alternative means of purchasing gaming content, like subscriptions and microtransactions, outside of the Apple store.
This is what got Fortnite booted from the store in the first place, since Epic Games tried advertising its microtransactions without needing to sell them through the Apple store – meaning Apple didn’t get their cut of the money.
However, the same judge has stated that, upon reviewing internal documents, Apple has violated this injunction, going so far as to say Apple’s vice president of finance Alex Roman ‘outright lied under oath.’
This means the company could face criminal contempt charges, but it’s also an opportunity for Epic Games, who immediately smelt blood in the water and published a statement about how it’s willing to let bygones be bygones… if Fortnite is allowed back on the Apple store worldwide.
Is Fortnite coming back to iPhone in the UK?
As it stands, Fortnite isn’t coming back to iOS in the UK yet. This being a US ruling means it only applies to the US but, per a write up by The Game Business, Epic Games’ ‘peace proposal’ requires Apple to make the ruling apply worldwide.
Epic Games says it is ready to put Fortnite back on the Apple store in the US as early as next week, which would likely be followed by a worldwide release if Apple accepts the deal.
In exchange, Epic Games will abandon all its litigation against Apple, as well as its plans to force its own storefront on Apple devices.
For anyone thinking ‘Didn’t Epic Games already do that?’, you’re right, but that was only across the European Union. A change in EU law in 2024 allowed an Epic Games Store to be formed on iPhones and iPads, but the company has yet to make it available in the UK or anywhere else.
At the time of writing, Epic Games’ website says, ‘Thanks to fair legislation being passed, we will be able to bring the Epic Games Store to the UK and Japan soon, and will follow suit in any other country that passes legislation allowing third party marketplaces on iPhone/iPad devices.’
However, it sounds like Epic Games may not bother anymore, should Apple accept its proposal. Especially since not only would Fortnite be allowed back on the Apple store, but Epic would be free to bypass the store when selling microtransactions.
Epic Games CEO Tim Sweeney, after years of harsh criticism towards Apple, has gone to great lengths to present himself as the bigger man in the two companies’ ongoing feud, describing Epic as one of Apple’s ‘best partners for more than a decade.’
‘I’ve been fighting Apple for a long time. But I’m an iPhone customer. This is an awesome device. I love having it. I don’t love the policies that Apple has made with respect to stores, but there’s a lot of respect of Epic towards Apple’s quality of product and focus,’ says Sweeney.
‘I hold out hope that there’s a way for Apple to get back on the right side of history here. I think this is a great time for Apple to consider doing that.’
Apple could very well opt to appeal the ruling, though, so it’s unlikely to accept Epic Games’ olive branch so readily. Or at least not right away.
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