Last week, Fortnite maker Epic Games asked a U.S. District Court to unblock its game Fortnite Battle Royale from returning to Apple’s app store. The update to the company’s damages lawsuit comes one month after Epic had to suspend its earlier request when Apple rejected the game due to “inappropriate” content.
Apple promptly fired back with a statement that claimed Epic made conflicting public statements. So the two sides are back at the negotiating table after Epic submitted a revised damages request — this time, in a letter from the company’s lead attorney. As the New York Times reports, Epic insists its lawsuit shouldn’t have been sealed by the court and asked that it be public once again. The company also submitted a longer statement in lieu of its original brief.
To recap: Epic had sued Apple and another unspecified firm for copyright infringement in April after those companies reportedly removed Fortnite from their platforms. In addition to barring Fortnite from Apple’s App Store, Epic requested $50 million from the other parties. After some relative silence, Apple reportedly reversed its decision to remove Fortnite in May after complaints from its supporters. The question then was whether or not Epic could convince a federal judge to unseal the case, which would result in news coverage of the case and some new revelations for fans of the massively popular Fortnite title.
As of this writing, the case is still sealed. The updated federal complaint filed today provides a detailed explanation of why Epic believes it should have been allowed to revise its damage request. The updated filing also includes an expansion on the reasoning for that expansion.
As the NYT reports, these new documents suggest Epic doesn’t think much of the way the other defendants argued their case, with one unnamed defendant replying: “Since Epic got money from Epic, why is Epic arguing the other side’s moral objections? You got some tolerance for the kid who goes to the bathroom in the soccer team’s locker room.” And the other defendants quoted are said to be the “most desperate to appear unreasonable” about Epic’s claims.
The filing doesn’t confirm a planned lawsuit against Google, but the renewed request for Fortnite’s return to Apple’s App Store and for more information related to Apple’s decision makes a federal case from this point look more likely. The damages request estimates the loss of consumer spending due to the game’s removal from the App Store: $150 million for Epic and $300 million for the other defendants.