Fortnite returns to Apple App Store

Epic Games said on May 19 that Fortnite had returned to Apple’s App Store worldwide, restoring the game to iPhone users after years off the platform. The return reopened one of the most visible fronts in Epic’s long-running fight with Apple over App Store fees, outside payments and control of iPhone software distribution. Epic framed the move as part of what it called the “final battle” in the dispute, while Apple this week asked the U.S. Supreme Court to review lower-court rulings that changed how developers can direct users to outside payment options. ### When did Fortnite come back, and where? Epic Games said Fortnite was “now back on the App Store worldwide” as of May 19, though it added one exception: Australia. The company said the game had returned after Apple told the U.S. Supreme Court that regulators around the world were watching the case to determine what commission rates Apple could charge in major markets outside the United States. (epicgames.com) Australia was excluded because Epic said it had won a court case there but Apple was still enforcing developer terms Epic considers unlawful. Epic said it could not return there “under an illegal payment arrangement” and would wait for either new terms from Apple or a court decision. ### Why was Fortnite removed in the first place? (epicgames.com) Epic Games sued Apple in 2020 after Apple removed Fortnite from the App Store when Epic added its own in-app payment option. The case became a test of whether Apple could require developers to use its payment system and restrict links or other steering to outside payment methods. (epicgames.com) The litigation has stretched for more than five years. TechCrunch reported on May 22 that Apple is still contesting the scope of the injunction won by Epic and arguing that the case should not set rules for all developers on the U.S. App Store. ### What changed in the App Store rules? The Ninth Circuit ruling at issue left Apple required to let developers include links in their apps to outside payment options in the United States. (techcrunch.com) TechCrunch reported that Apple complied with the linking requirement but then charged fees on those outside purchases, which led to a contempt finding. Apple’s current argument to the Supreme Court, as described by multiple reports on May 21, is that lower courts went too far by broadening the injunction and by holding the company in civil contempt over conduct Apple says was not explicitly barred by the original order. ### Why is Epic tying Fortnite’s return to the court fight? (techcrunch.com) Epic Games said it brought Fortnite back now because it believes courts and regulators will force Apple to be more transparent about its App Store costs and fees. In its May 19 post, Epic said governments in Japan, the European Union and the United Kingdom had already moved against some of Apple’s practices, but accused Apple of responding with fees and requirements that still limit competition. (9to5mac.com) Epic also used the game’s return to reinforce its broader argument that developers should have access to alternative app stores and competing payment systems on iOS. That position remains disputed by Apple, which is still trying to narrow the legal consequences of Epic’s win. ### What is Apple doing next? Apple on May 21 asked the U.S. (epicgames.com) Supreme Court to review the contempt finding and the scope of the App Store injunction, according to reports from 9to5Mac and MacRumors. Earlier in May, Justice Elena Kagan denied Apple’s request to pause related proceedings while the company pursued further review. The next formal milestone is at the Supreme Court, where Apple’s petition seeks review of the lower-court rulings while Fortnite is again available on the App Store in most countries. (9to5mac.com)