Apple Accuses Epic Games of 'Willful, Brazen, and Unlawful Conduct' in Countersuit Asking for Breach of Contract Damages

As Apple and Epic Games prepare for a hearing on a preliminary injunction to decide whether Fortnite will be allowed back on the App Store as the legal battle between the two companies plays out, Apple has filed a countersuit against Epic requesting damages for breach of contract.

fortnite apple featured
In a court filing today, Apple says that Epic's lawsuit is "nothing more than a basic disagreement over money," highlighting the revenue that ‌Epic Games‌ has earned through the Fortnite iOS app and Apple's developer tools.

Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store. Epic's demands for special treatment and cries of "retaliation" cannot be reconciled with its flagrant breach of contract and its own business practices, as it rakes in billions by taking commissions on game developers' sales and charging consumers up to $99.99 for bundles of "V-Bucks."

For years, Epic took advantage of everything the App Store had to offer. It availed itself of the tools, technology, software, marketing opportunities, and customer reach that Apple provided so that it could bring games like Infinity Blade and Fortnite to Apple customers all over the world. It enjoyed the tremendous resources that Apple pours into its App Store to constantly innovate and create new opportunities for developers and experiences for customers, as well as to review and approve every app, keeping the App Store safe and secure for customers and developers alike.

Epic, says Apple, has used more than 400 of Apple's APIs and frameworks, five versions of the Apple SDK, has had its apps reviewed more than 200 times, and has pushed more than 140 updates to Apple customers. Apple says that it also provided advertising each time Epic released a new season for Fortnite, offering "free promotion and favorable tweets" to more than 500 million end users.

Apple goes on to explain the current Epic vs. Apple situation, and how Epic blindsided Apple with a "hotfix" to add the direct payment option and then the ensuing legal assault after Fortnite was pulled from the ‌App Store‌.

Apple says that Epic's "willful, brazen, and unlawful conduct" can't be left unchecked, asking the court for damages and an order that prevents Epic from furthering its unfair business practices.

Neither Mr. Sweeney's self-righteous (and self-interested) demands nor the scale of Epic's business can justify Epic's deliberate contractual breaches, its tortious conduct, or its unfair business practices. This court should hold Epic to its contractual promises, award Apple compensatory and punitive damages, and enjoin Epic from engaging in further unfair business practices.

Apple also has a point-by-point rebuttal for all of Epic's claims, denying all allegations in the complaint. The full court filing is embedded below, and for a court document, it offers an interesting and comprehensive look into Apple's perspective on the whole Epic situation.


Epic over the weekend filed its documentation for the preliminary injunction, claiming that it challenged Apple because "it was the right thing to do" and that it was "better positioned than many other companies to weather the storm."

Epic has claimed that it will "suffer irreparable harm" if Fortnite is not allowed back in the ‌App Store‌, but at the same time, ‌Epic Games‌ has refused to remove the direct payment option that's in violation of Apple's ‌App Store‌ policies. Epic wants the court to rule in its favor, allowing the app to stay in the store with the direct payment option that defies the rules, but that did not happen during the hearing for a temporary restraining order, and it's not clear if the court will rule differently after hearing new arguments from both Apple and ‌Epic Games‌.

The preliminary injunction hearing is set to take place on Monday, September 28.

Popular Stories

Apple Wallet ID Illinois

Apple Plans to Expand iPhone Driver's Licenses to These 7 U.S. States

Wednesday December 24, 2025 8:40 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Apple Wallet app on the iPhone and Apple Watch, and then use it to display proof of identity or age at select airports and businesses, and in select apps. The feature is currently available in 13 U.S. states and Puerto Rico, and it is expected to launch in at least seven more in the future. To set up the...
iPhone Top Left Hole Punch Face ID Feature Purple

iPhone 18 Pro Launching Next Year With These 12 New Features

Tuesday December 23, 2025 8:36 am PST by
While the iPhone 18 Pro and iPhone 18 Pro Max are not expected to launch for another nine months, there are already plenty of rumors about the devices. Below, we have recapped 12 features rumored for the iPhone 18 Pro models. The same overall design is expected, with 6.3-inch and 6.9-inch display sizes, and a "plateau" housing three rear cameras Under-screen Face ID Front camera in...
maxresdefault

Where's the New Apple TV?

Monday December 22, 2025 11:30 am PST by
Apple hasn't updated the Apple TV 4K since 2022, and 2025 was supposed to be the year that we got a refresh. There were rumors suggesting Apple would release the new Apple TV before the end of 2025, but it looks like that's not going to happen now. Subscribe to the MacRumors YouTube channel for more videos. Bloomberg's Mark Gurman said several times across 2024 and 2025 that Apple would...
maxresdefault

10 Mac Apps Worth Trying in 2026

Wednesday December 24, 2025 9:27 am PST by
2026 is almost upon us, and a new year is a good time to try out some new apps. We've rounded up 10 excellent Mac apps that are worth checking out. Subscribe to the MacRumors YouTube channel for more videos. Alt-Tab (Free) - Alt-Tab brings a Windows-style alt + tab thumbnail preview option to the Mac. You can see a full window preview of open apps and app windows. One Thing (Free) -...
iOS 26

iOS 26.2 Adds These 8 New Features to Your iPhone

Monday December 22, 2025 8:47 am PST by
Earlier this month, Apple released iOS 26.2, following more than a month of beta testing. It is a big update, with many new features and changes for iPhones. iOS 26.2 adds a Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. Below, we have highlighted a total of eight new features. Liquid Glass Slider on Lock Screen A new slider in the Lock...
airpods color prototypes

Apple Tested AirPods in Bright Colors

Saturday December 27, 2025 6:06 am PST by
Apple reportedly tested a version of the first-generation AirPods with bright, iPhone 5c-like colored charging cases. The images, shared by the Apple leaker and prototype collector known as "Kosutami," claim to show first-generation AirPods prototypes with pink and yellow exterior casings. The interior of the charging case and the earbuds themselves remain white. They seem close to some...
iPhone Fold Vertical Feature

Why Apple's Foldable iPhone May Be Smaller Than Expected

Tuesday December 23, 2025 5:21 am PST by
Apple's first foldable iPhone, rumored for release next year, may turn out to be smaller than most people imagine, if a recent report is anything to go by. According to The Information, the outer display on the book-style device will measure just 5.3 inches – that's smaller than the 5.4-inch screen on the ‌iPhone‌ mini, a line Apple discontinued in 2022 due to poor sales. The report has led ...
iPhone SE Cosmopolitan Clean

Apple Discontinued These 25 Products This Year

Wednesday December 24, 2025 7:24 am PST by
With the end of 2025 near, the time has come to look back at the devices and accessories that Apple discontinued throughout the year. Most of the products that were discontinued this year were simply replaced by a new model with an updated chip. However, the iPhone SE line was entirely discontinued when the iPhone 16e launched, and the iPhone Plus line is being phased out. Below, we have...
Foldable iPhone 2023 Feature Iridescent Search

Samsung Developing 'Wide Fold' With iPhone Fold-Like Design Ahead of Apple's 2026 Launch

Tuesday December 23, 2025 11:55 am PST by
Samsung is working on a new foldable smartphone that's wider and shorter than the models that it's released before, according to Korean news site ETNews. The "Wide Fold" will compete with Apple's iPhone Fold that's set to launch in September 2026. Samsung's existing Galaxy Z Fold7 display is 6.5 inches when closed, and 8 inches when open, with a 21:9 aspect ratio when folded and a 20:18...

Top Rated Comments

ArPe Avatar
69 months ago
Epic likes to portray itself as an underdog and Robin Hood figure and appeals to writers of yellow journalism to attack Apple. But let’s take a look at the facts.

Apple is owned by thousands upon thousands of shareholders round the world, many of them moms and pops waiting to retire. Tim Apple is worth only about $1 billion and is one of the most frugal CEOs in the world.

Epic is largely owned by giant monopoly Tencent that is only answerable to the CCP. It’s CEO Tim Swiney is said to be worth about $30 billion. That’s 30 times more than the best CEO on the planet.

So who is the bad guy here? Apple who created a platform and SDK that revolutionized the global economy or this game developer who only created a game engine and are trying to get a free ride so that Tim Swiney and Tencent can fill their pockets and help China circumvent bans on spyware apps like WeChat and TikTok?
Score: 57 Votes (Like | Disagree)
farewelwilliams Avatar
69 months ago
Epic playing Fortnite while Apple is playing Counter-Strike
Score: 57 Votes (Like | Disagree)
_Refurbished_ Avatar
69 months ago
They should just settle this in Fortnite. Tim, Phil, and Craig vs. Sweeney. Just Sweeney. Winner gets a chicken dinner at KFC.
Score: 37 Votes (Like | Disagree)
WiseAJ Avatar
69 months ago
Epic backlash against Epic. They really wanted to bite the hand that fed them, (several times too).
Score: 33 Votes (Like | Disagree)
matt_and_187_like_this Avatar
69 months ago
Wow, this official statement sounds like any rant in macrumor's comment section.
Score: 32 Votes (Like | Disagree)
tRYSIS3 Avatar
69 months ago
Shouldn't have bitten more than they can chew
Score: 31 Votes (Like | Disagree)