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Epic’s preliminary injunction against Apple denied, Fortnite remains banned

A referee in the Epic v. Apple antitrust fight has dropped any hope that Fortnite will return to the App Store anytime soon. As reported by the fringe today, Judge Yvonne Gonzalez denied Rogers Epic’s preliminary request for injunctions that would have forced Apple to reintroduce the game during the legal process.

In sum, the court finds that the winter factors, based on the record before it, weigh against giving a preliminary injunction based on Epic Games’ requests for Fortnite and other games, and in favor of giving a preliminary injunction carried out by Epic Affiliates. tools, including Unreal Engine.

The latest ruling reflects an earlier decision taken during a hearing on a temporary restraining order. Although Epic was denied the request for its own developer account, the ruling does not apply to Epic̵

7;s associated accounts and Unreal Engine.

THEREFORE, APPLE AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH APPEL ARE PROVISIONALLY MEMBER OF TAKING UNFAVORABLE MEASURES AGAINST EPIC AFFILIATES REGARDING LIMITING, SUSPENDING OR TERMINATING Epic Affiliates from Apple’s Developer Program, Fortnite in other ways than the Apple IAP system, or based on the steps Epic Games took to do so. This provisional injunction shall apply during this trial, unless Epic affiliates violate: (1) any of their agreements with Apple, or (2) the operating App Store policies. This provisional injunction OVERPRESSES the previous temporary restraining order.

Unless the two sides agree, or a judgment is reached, the ruling means that Fortnite and other Epic games will remain unavailable in the App Store throughout the trial period. As previously reported, the trial is currently scheduled to begin on Monday, May 3, 2021.

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