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Judge Urges Apple to Greenlight Fortnite or Face Court Again

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A federal judge is urging Apple to either approve the submission of the game Fortnite to the U.S. App Store or return to court to justify its refusal. In a recent ruling, U.S. District Judge Yvonne Gonzalez Rogers confirmed she received a motion from Epic Games, urging Apple to allow Fortnite’s distribution.

The judge expressed frustration, demanding Apple demonstrate the legal reasoning behind its inaction regarding the court’s orders. She indicated that if the current situation remains unresolved, Apple may need to explain its position in court again. Judge Rogers pointed out that Apple is more than capable of addressing the issue without requiring further legal motions and insisted that they identify the official accountable for complying with her court’s decision.

The need for naming an Apple representative suggests that the judge is contemplating potential contempt charges due to the company’s failure to comply with the court’s injunction. This comes after a prior ruling where Judge Rogers admonished Apple for trying to circumvent her orders and accused them of dishonesty in court.

After receiving the right to include links to external payment options in its apps, Epic Games resubmitted its Fortnite request to the App Store. However, Apple chose not to act on the submission until the Ninth Circuit reviewed its request for a partial stay on the new injunction, effectively delaying the approval process until the appeal concluded.

Epic Games subsequently filed a motion seeking court enforcement of the injunction due to Apple’s lack of response. This legal battle stems from a prolonged struggle over Apple’s App Store policies, which have historically restricted app developers from linking to alternative payment options, compelling them to pay Apple a commission for in-app purchases.

In a significant victory for developers, Judge Rogers found Apple in “willful violation” of the injunction regarding pricing and commissions, suggesting that Fortnite should have been reinstated to the App Store. However, Apple stalled for a week on the submission, refraining from either approving or denying it while preparing a legal response.

The outcome of this latest legal tussle may have broader implications for Apple, potentially inspiring similar actions in other markets globally. While Apple previously succeeded in an antitrust suit against Epic Games, it did concede some ground by allowing alternative payment methods for developers who wish to utilise their own websites for in-app purchases.

Following the court’s decision, Apple updated its App Store guidelines for U.S. applications, prompting other apps such as Spotify and Amazon Kindle to quickly release updates to utilise these new provisions.

Both Epic Games and Apple have refrained from commenting on the latest developments.

Fanpage: TechArena.au
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