Epic Games Responds To Apple’s Breach Of Contract Counterclaim

There’s still a few months to go before the Epic Games vs. Apple trial starts next year but that doesn’t mean that both companies will lay down quietly waiting for the day. Back in September, Apple filed a counterclaim against Epic seeking damages for breach of contract, unjust enrichment, and tortious interference with Apple’s customers.

“[Apple’s] actions were undertaken in good faith to advance legitimate business interests and had the effect of promoting, encouraging, and increasing competition,” claimed Apple. “Epic’s flagrant disregard for its contractual commitments and other misconduct has caused significant harm to Apple.”

According to The Verge, Epic responded last Friday with a filing that states that, “[Epic’s actions] are a far cry from the tortious—even purportedly criminal—conduct that Apple’s Opposition depicts. Simply put, Epic did not ‘steal’ anything that belonged to Apple,” stated Epic in the filing. “Apple’s repeated assertions of theft boil down to the extraordinary assertion that Epic’s collection of payments by players of Epic’s game to enjoy the work of Epic’s artists, designers, and engineers is the taking of something that belongs to Apple.”

The Epic vs. Apple legal showdown started last August when Epic Games attempted to circumvent Apple’s 30% cut on IAP’s by adding a discounted direct payment button to the Fortnite mobile app. Apple then responded by booting Fortnite from the App Store which paved the way for Epic's lawsuit. Apple retaliated by suspending Epic’s developer accounts and tools, including the studio’s Unreal Engine which not only affected Epic but also third-party developers using the engine.

Developer accounts and access to the Unreal Engine have since been restored while Fortnite continues to be barred from the platform following last month’s injunction hearing with Judge Yvonne Gonzales Rogers during which she also ruled that the case be tried in front of a jury. Both companies vehemently refused and agreed to a trial by judge instead. The trial is scheduled to start in May 2021.