Houston Chronicle

Apple countersue­s owner of ‘Fortnite’

- By Reed Albergotti

Apple fired back at Epic Games in a countersui­t filed Tuesday, claiming the maker of the video game “Fortnite” breached its contract in an effort to earn more money.

The filing comes in response to Epic’s lawsuit against Apple last month, which came after Epic’s most popular game, “Fortnite,” was effectivel­y blocked from Apple’s App

Store.

Epic and other app developers have complained publicly recently about the 30 percent fee Apple charges for all revenue earned in its store. Epic has said in court that Apple can charge such high fees because it is effectivel­y a monopoly. The App Store is the only way iPhone owners can download and install mobile apps on their phones, and Apple alone writes the store’s rules.

In its court filing Tuesday, Apple denied that it is a monopoly and filed a countersui­t, claiming Epic is in breach of its contract. “In the dark hours of the night, Epic launched its underhande­d scheme to breach its agreements and free ride on Apple’s investment­s,” Apple wrote in the filing.

Epic is not asking for monetary damages and has said it hopes to break Apple’s tight grip on the App Store for all developers.

Apple blocked Epic from updating its apps on the App Store because it offered its “Fortnite” customers an alternativ­e way to pay for the game, without using Apple’s payment system. The alternativ­e method was cheaper, Epic says, because it avoided Apple’s 30 percent cut on revenue.

But Apple did not just block “Fortnite.” It also took action against Unreal Engine, a tool for videogame makers that Epic also sells. Epic asked District Judge Yvonne Gonzalez to force

Apple to restore “Fortnite” and Unreal Engine while the case makes its way through the courts. Gonzalez declined to force Apple to restore “Fornite,” but sided with Epic on Unreal Engine.

In its countersui­t Tuesday, Apple cited the contract all app developers must sign before offering software on the App Store: “Epic’s breach was flagrant and larcenous,” Apple wrote. “Epic breached the License Agreement by making changes without resubmissi­on to Apple Epic.” Apple wants Gonzalez to force Epic to pay Apple for lost revenue stemming from the alleged breach.

Epic did not immediatel­y respond to a request for comment Tuesday.

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