Epic Games submitted its response to the latest filing of Apple claiming that the "Fortnite" lawsuit is nothing more than a mere marketing campaign.
Epic Games has rejected the assertions of Apple that the game developer's lawsuit is only part of its marketing strategy for the game's iOS version. On September 16, the Cupertino-based tech giant filed a legal declaration alleging that the lawsuit filed by Epic Games is an attempt by the developer to rekindle the popularity of the iOS version of "Fortnite" through an intricate marketing strategy that included the filing of a complaint against Apple.
In August, Epic filed a lawsuit against Apple alleging unfair practices of its App Store. The iPhone maker has also filed a countersuit against the "Fortnite" developer, alleging breach of contract. Recently, Apple submitted its legal declaration to the US District Court for the Northern District of California less than two weeks before the scheduled hearing on September 28, claiming, among other things, that the "Fortnite" lawsuit is only a marketing ploy as interest in the game is declining.
Epic wasted no time in answering the legal filing of Apple, countering that the iPhone maker "cherry-picked" its data and used old information supplied by Google Trends showing that the interest in "Fortnite" dropped nearly 70% in July 2020 as compared to October of last year. Epic also asserted that its lawsuit against Apple is based on legitimate complaints and not a mere marketing ploy.
In its own legal filing, Epic CEO Tim Sweeney said that "Fortnite users increased over that period." He also claimed that user engagement data show the daily active users of Fortnite increased by over 39% during that same period. Epic said that they experienced a "one-week spike" in interest last October as a result of an in-game event. The game developer claimed Apple used that data to compare with the present one in justifying their claim on the supposed decline in interest of the game "Fortnite" so that the iPhone maker could call the lawsuit they filed in August as a marketing ploy.
In its legal declaration where the company claimed Epic's "Fortnite" lawsuit is a marketing ploy, Apple also asserted it is not acting like a monopolist when it asked the court to consider smartphones as "interchangeable" with gaming consoles and computers. In effect, Apple is asking the court to view its iPhones in the same manner as it would with other gaming platforms, such as Sony PlayStation and Microsoft Xbox consoles, including the sales and software ecosystem they offer.
In its answer, Epic games asked the court to ignore the many assertions of Apple in the legal declaration it recently filed, which include its claims of game developer's "Fortnite" lawsuit as a mere marketing ploy. Epic also called the assertion of Apple regarding iPhones' interchangeability with gaming consoles and computers as "contrary to basic antitrust principles and common sense."
