San Francisco (AFP)

Epic Games does not admit defeat: its ultra popular Fortnite game has been banned from iPhone and other Apple devices, but the publisher is trying to convince the California judge who approved this measure to order a reinstallation of the app pending trial.

If the game is not returned to the App Store, the essential platform for downloading applications on Apple devices, "Epic is likely to suffer irreparable damage," say the company's lawyers in a new complaint submitted to court on Friday evening.

The publisher of Fortnite also asserts "the public interest" and maintains that it has every chance, in the end, to prove that Apple has violated competition law.

The two American companies have been clashing for several weeks over the 30% commission that Apple takes on consumer purchases through the App Store.

On August 24, Judge Yvonne Gonzalez Rogers ruled that Apple could not exclude Epic Games from its developer program, but ruled in favor of removing the video game from the App Store.

The publisher "seems to have put himself in this difficult situation," said the magistrate, since he broke the terms of the contract with the technology giant, by trying to bypass the iOS payment system (Apple's operating software).

"More than 116 million registered users (out of 350 million, editor's note) have accessed Fortnite via iOS," said Epic Games in its new complaint.

“The number of daily active players on iOS has dropped by 60% since the removal of Fortnite from the App Store. (...) Epic may never see these users again,” the company continues.

Video game enthusiasts using Apple-branded devices no longer have access to updates (including the new season released at the end of August) and can only play among themselves.

But Epic Games has no regrets, in the name of "the long road to freeing consumers and developers from Apple's monopoly hold on iOS app distribution and payments."

Apple, judge and party on the App Store, regularly defends itself against any abuse by explaining that the commissions, of a standard level on other equivalent stores, are used to protect the applications and their users from hackers and scams.

"The court recommended that Epic comply with the rules of the App Store pending the resolution of the court case, rules they followed for years until they created this situation," had the California group said on August 28.

© 2020 AFP