wraggster
November 11th, 2020, 19:08
Epic Games has strongly refuted Apple's claim that its use of direct payments in Fortnite constitutes "theft," on the grounds that it is "implausible and deficient as a matter of law."
In a new filing with the US District Court, Epic addressed various allegations in the countersuit Apple issued last month (https://www.gamesindustry.biz/articles/2020-09-09-apple-goes-on-offensive-in-epic-games-lawsuit) -- itself the response to a legal complaint filed by Epic (https://www.gamesindustry.biz/articles/2020-08-13-fortnite-removed-from-app-store-after-it-dodges-apples-rule-on-direct-payments) after Fortnite was removed from the App Store for adding direct payments to avoid paying a 30% share of revenue.
The filing -- first spotted by The Verge (https://www.theverge.com/2020/10/24/21531873/epic-apple-fortnite-app-store-lawsuit) -- asserted that "Apple has no right to the fruits of Epic's labor, other than the rights arising under a contract."
Epic's legal team continued: "Consumers who choose to make in-app purchases in Fortnite pay for Epic's creativity, innovation and effort -- to enjoy an experience that Epic has designed."
While Epic's contractual agreement with Apple includes a mandatory share of all payments made in Fortnite, Epic took action due to its belief that "those contractual restrictions are unlawful" -- a fundamental repudiation of Apple's claim that Epic's actions were "theft, period."
"Apple seeks to compare Epic's conduct to stealing cash from a vault in ApplePark, or raiding Apple's bank account," the document stated.
"The money in Apple's vault or bank account is the property of Apple, in which Apple unquestionably has a possessory interest; the money paid by Fortnite users is not. It is money that Fortnite users choose to pay in return for Epic's creative endeavors.
https://www.gamesindustry.biz/articles/2020-10-26-epic-refutes-apples-theft-claims-as-implausible-and-deficient-as-a-matter-of-law
In a new filing with the US District Court, Epic addressed various allegations in the countersuit Apple issued last month (https://www.gamesindustry.biz/articles/2020-09-09-apple-goes-on-offensive-in-epic-games-lawsuit) -- itself the response to a legal complaint filed by Epic (https://www.gamesindustry.biz/articles/2020-08-13-fortnite-removed-from-app-store-after-it-dodges-apples-rule-on-direct-payments) after Fortnite was removed from the App Store for adding direct payments to avoid paying a 30% share of revenue.
The filing -- first spotted by The Verge (https://www.theverge.com/2020/10/24/21531873/epic-apple-fortnite-app-store-lawsuit) -- asserted that "Apple has no right to the fruits of Epic's labor, other than the rights arising under a contract."
Epic's legal team continued: "Consumers who choose to make in-app purchases in Fortnite pay for Epic's creativity, innovation and effort -- to enjoy an experience that Epic has designed."
While Epic's contractual agreement with Apple includes a mandatory share of all payments made in Fortnite, Epic took action due to its belief that "those contractual restrictions are unlawful" -- a fundamental repudiation of Apple's claim that Epic's actions were "theft, period."
"Apple seeks to compare Epic's conduct to stealing cash from a vault in ApplePark, or raiding Apple's bank account," the document stated.
"The money in Apple's vault or bank account is the property of Apple, in which Apple unquestionably has a possessory interest; the money paid by Fortnite users is not. It is money that Fortnite users choose to pay in return for Epic's creative endeavors.
https://www.gamesindustry.biz/articles/2020-10-26-epic-refutes-apples-theft-claims-as-implausible-and-deficient-as-a-matter-of-law