Judge Blocks Apple From Denying Epic Access to Game Development Tools

U.S. District Judge Yvonne Gonzalez Rogers in Oakland granted Epic Games a temporary restraining order (in Pacer) blocking Apple from denying Epic access to Apple development tools, including for the Unreal Engine game creation platform that Epic offers third-party developers (see 2008240010). “The record shows potential significant damage to both the Unreal Engine platform itself, and to the gaming industry generally, including on both third-party developers and gamers” if Epic is denied access, said Rogers Monday. “Epic Games and Apple are at liberty to litigate against each other, but their dispute should not create havoc to bystanders.” She denied Epic’s motion to order Fortnite’s reinstatement on the App Store. Epic “has not yet demonstrated irreparable harm” from Apple’s removal of Fortnite in apparent retaliation for Epic’s installation of an in-app direct-payment system to compete with Apple’s, she said. “The current predicament appears of its own making.” Apple and Epic didn’t comment Tuesday. Rogers set a Sept. 4 deadline for Epic to file for a preliminary injunction and a Sept. 28 Zoom hearing on the motion.