The judge said that Epic can remedy the problem itself by removing its direct payment option for Fortnite
Microsoft filed a declaration Sunday night and Kevin Gammill, Microsoft’s general manager for Gaming Developer Experiences, said in the declaration that “If Unreal Engine cannot support games for iOS or macOS, Microsoft would be required to choose between abandoning its customers and potential customers on the iOS and macOS platforms or choosing a different game engine when preparing to develop new games. Apple’s discontinuation of Epic’s ability to develop and support Unreal Engine for iOS or macOS will harm game creators and gamers.” And perhaps that is why Judge Rogers said that she might take action to force Apple to reinstate the Unreal Engine. The judge called Apple’s attack on that platform “an overreach.”
We also mentioned over the weekend that Apple’s strategy in court would be to show that Epic brought on this crisis itself and that Epic’s problem could be remedied by following the developer agreement that Apple has all developers with an app in the App Store sign. The judge seemed receptive to this plan when she told Epic’s attorney, Katherine Forrest, “In my view, you cannot have irreparable harm when you create the harm yourself.”
The judge also pointed out that instead of issuing a Temporary Restraining Order (TRO) blocking Apple from removing Fortnite from the App Store and closing Epic’s developer account until the case can be adjudicated, Epic can remedy the problem by removing its direct payment option. But Epic’s attorney said that the reason it created its own direct payment option was to “break the chokehold that Apple has on its payment system and the prohibition that it has on competition.” And the developer adds that it refuses to return to an anti-competitive contract.
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