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Grant Epic's TRO Motion to Stop Apple From Harming 'Fortnite' Owner: Microsoft

Microsoft backs the Epic Games motion for a temporary restraining order (see 2008180022) blocking Apple from permanently barring the Fortnite franchise from the App Store and cutting off Epic’s access to Apple development tools, including for the Unreal Engine game creation platform that Epic offers third-party developers. So said Kevin Gammill, Microsoft general manager-gaming developer experiences, in a declaration (in Pacer) Sunday in U.S. District Court in Oakland. Epic alleges Apple is retaliating for Epic’s launch of an independent in-app direct-payment system at the App Store. Apple counters that Epic is violating its App Store license. Unreal Engine is “critical technology for numerous game creators including Microsoft,” said Gammill. It’s one of the most popular third-party game engines available to game creators, he said. “In Microsoft’s view there are very few other options available for creators to license with as many features and as much functionality as Unreal Engine across multiple platforms, including iOS.” Microsoft has an “enterprise-wide,” multiyear Unreal Engine license agreement, said Gammill. It invested “significant resources and engineer time working with and customizing Unreal Engine for its own games on PC, Xbox consoles, and mobile devices (including iOS devices),” he said. Apple didn’t comment. Sony agreed last month to make a $250 million “strategic investment” for a minority interest in Epic (see 2007090044). U.S. District Judge Yvonne Gonzalez Rogers, who was reassigned the case Wednesday, set a Zoom hearing on Epic’s TRO motion that was to be held at 3 p.m. PDT Monday.