Apple ordered not to restrict use of Epic's Unreal Engine on its platform
But Apple has been spared from immediately reinstating Epic's Fortnite game on its App Store
A US district court has ordered Apple not to block Epic Games ' 3D games development software Unreal Engine, or to terminate the gaming giant ' s developer accounts on its platform.
Delivering the temporary restraining order in favour of Epic Games, Judge Yvonne Gonzalez Rogers said that while Epic had breached its contract with Apple by offering Fortnite users an in-app payment system, it didn ' t violate any agreement related to Unreal Engine and developer tools.
By restricting Unreal Engine on its platform, "Apple has chosen to act severely," hurting third-party developers who prefer using Epic ' s key graphics technology, Judge Rogers said.
"Epic Games and Apple are at liberty to litigate against each other, but their dispute should not create havoc to bystanders," she wrote in her order, according to Bloomberg.
"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."
Rogers also decided in her mixed ruling that Apple will not be required to immediately reinstate Epic ' s Fortnite game on its iOS App Store.
Apple banned Fortnite earlier this month after Epic announced a direct payment plan for users, offering them a 20 per cent discount for in-app purchases. The firm said that bypassing the 30 per cent cut Apple and Google take on payments enabled it to lower costs for users.
Both Google and Apple described Epic's move as a breach of their developer guidelines and dropped Fortnite from their app stores.
In response, Epic launched a lawsuit against both firms, demanding a ruling from the court to change the way tech giants run their app stores.
A Microsoft executive submitted a statement to the court on Sunday, saying that restricting Epic from maintaining the Unreal Engine would cause major issues for iOS versions of games that use Unreal Engine.
Monday ' s hearing, the first in the case, sought to determine whether Epic ' s developer privileges need to be legally protected by the court.
"This is not something that is a slamdunk for Apple or for Epic Games," Judge Rogers said.
Gibson Dunn ' s Richard Doren, who represented Apple in the court, defended the company ' s move by citing Apple ' s App Store policies for responding to developers ' activities that violate the terms of the contract.
"When Apple is dealing with an entity that is breaching its contracts, its practice is to terminate the accounts of all related parties," Doren said.
Judge Rogers cautioned both firm that her temporary restraining order won't affect the final outcome of the litigation.
The next hearing on Epic's request for a preliminary injunction will be held on 28th September.