In the initial case between Epic Games and Apple, a judge has sided with Apple and told Epic Games that they created the situation that they are now in.
The Judge has said that Epic should go back to the status it had with Apple on the 3rd of August before it created the issue. You can see what the judge had to say below, the just said that she was inclined to side with Apple.
Your client created the situation. Your client doesn’t come to this court with clean hands. Epic made a strategically and calculated move to breach, and decided to breach right before a new season. So in my view, you cannot have irreparable harm when you create a harm yourself.
All Epic has to do is take it back to the status quo and no one suffers any harm. And you can have a trial date in the spring. Flip the switch to the way it was August 3rd and return everybody back to where they were.
Although this is not good news for Epic Games, the judge has sided with them on their Unreal Engine and this will not be blocked, this is run by Epic International which is separate from Epic Games. You can see what she had to say below.
Thus, in focusing on the status quo, the Court observes that Epic Games strategically chose to breach its agreements with Apple which changed the status quo. No equities have been identified suggesting that the Court should impose a new status quo in favor of Epic Games. By contrast, with respect to the Unreal Engine and the developer tools, the Court finds the opposite result. In this regard, the contracts related to those applications were not breached. Apple does not persuade that it will be harmed based on any restraint on removing the developer tools. The parties’ dispute is easily cabined on the antitrust allegations with respect to the App Store. It need not go farther. Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In this regard, the equities do weigh against Apple.
So Apple is temporarily restrained from restricting Unreal Engine and its developer tools, this is good news for developers. The case between the two companies will continue, it will be interesting to see what happens.
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