In a latest opposition filing, Apple said that “Epic started a fire, and poured gasoline on it, and now asks this Court for emergency assistance in putting it out.”
“If Epic were really concerned about preserving iPhone users’ access to Fortnite, or developers’ access to Unreal Engine, it would deactivate the “hotfix” and comply with Apple’s policies pending resolution of its claims,” the filing reads. “Instead, Epic is holding its own customers hostage to gain leverage in a business dispute.”
In the document, Apple also lays down its interpretation of Epic’s actions. According to the App Store company, they are not motivated by antitrust sentiment.
“For reasons having nothing to do with Epic’s claims against Apple, Fortnite’s popularity is on the wane. By July 2020, interest in Fortnite had decreased by nearly 70% as compared to October 2019. This lawsuit (and the front-page headlines it has generated) appears to be part of a marketing campaign designed to reinvigorate interest in Fortnite.”
Moreover, Apple claims that iOS has never been a big part of Fortnite’s revenue. Allegedly, iPhone users only account for 10 percent of all Fortnite players, which clearly disproves the notion that Epic is suffering “irreparable harm” as a result of the title’s ban on iOS.
A full court hearing on the case is scheduled for September 28th.