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Judge rules that Apple is not required to reinstate Epic's App Store account, orders Epic to pay damages for selling IAP on the iOS version of Fortnite directly

9to5Mac Filipe Espósito

Context & Ripple Effects

This ruling closes out the account question that has hung over the case since August 2020, when the judge first denied Epic's motion to restore Fortnite to the App Store and instead protected the Unreal Engine from retaliation. The same posture held through October's refusal to reinstate the game alongside the Unreal Engine injunction.

What changed this week is the financial side: on top of the permanent injunction letting developers link to external purchase options, the judge orders Epic to pay damages for breaching the IAP terms by selling directly in iOS Fortnite. Epic wins the industry-wide conduct rule but loses its own storefront and owes money — a split outcome that defines who actually benefited from the case.

First-order effects

  • Fortnite stays off the App Store with no path back for Epic, which must also pay damages for the direct-IAP sales that triggered Apple's original removal.

Second-order effects

  • Other iOS developers can now add external purchase links under the injunction without risking removal, effectively getting the benefit of Epic's lawsuit while Epic alone absorbs the contractual penalty — making Apple's enforcement selectively weaker against everyone but the party that breached.

Third-order effects

  • If this template holds, platform disputes resolve as conduct remedies rather than restorations: courts rewrite store rules for all developers while leaving the rule-breaking developer locked out, shifting app-store economics toward negotiated link-out rights instead of commission abolition.

The trend: App-store antitrust fights are converging on court-ordered conduct changes — external purchase links over commission elimination — with the instigating developer bearing the personal cost.

Discussion

  • @bobbyallyn Bobby Allyn on x
    Epic spokeswoman confirms it is appealing the decision; Apple is “considering all legal options” in response. Nobody's happy!
  • @benthompson Ben Thompson on x
    Good catch. Unreal Engine could be finished if Apple is feeling vindictive. https://t.co/331YbCkX1f
  • @rustybrick Barry Schwartz on x
    So Apple must allow app developers to bypass Apple payment system but Apple doesn't have to allow apps that do that and Epic has to pay damages for doing so? https://twitter.com/...
  • @jonyiveparody @jonyiveparody on x
    Difficult to to direct users to your outside payment system if your app isn't in the App Store. 🤪 #Apple https://twitter.com/...