RESEARCH TRIANGLE PARK – Veteran tech attorney Jim Verdonik, who has followed closely the ongoing legal battle between Cary-based Epic Games and Apple, says Apple is denying Epic’s sought return to the Apple App Store for several reasons, including punishment.

Epic CEO Tim Sweeney disclosed via Twitter on Wednesday that Apple had rejected Epic’s request to return its globally popular Fortnite to the App Store.

“I think Apple’ strategy is based on three principles,” Verdonik, cofoudner of Innovate Capital Law in Raleigh, told WRAL TechWire:

  • “To drag this out as long as possible while it milks its App Store revenue; Apple will make many tens of billions of dollars from its App store pricing during the years the appeals process takes
  • “Punish Epic as much as it can get away with (this is a personal feud as well as a business dispute)
  • “Use that punishment to discourage other companies from suing Apple”

Sweeney says Epic already has paid Apple $6 million as ordered by a federal court judge in her recent decision that declared Apple was not a monopoly but also called for Apple to allow alternative payment systems.

Based on the decision, Epic requested a return to the App Store. Apple had banned Epic after Epic deployed a “work around” to avoid 30% fees charged by Apple for in-app sales.

According to a letter sent to Epic and disclosed by Sweeney, Apple cited Epic’s “duplicitous” conduct as a reason for not reinstating Epic’s access.

Apple refuses to reinstate Epic Games to App Store – CEO blasts decision

Verdonik, who has written extensively about the Epic-Apple dispute, says a resolution is likely to be years away.

“A big reason why I became a business lawyer instead of a litigator is that the court system is so inefficient.  With appeals, everything takes so long,” he said.

“That’s one reason why I’ve consistently said that this is the opening battle in a long war that will be played out in the courts, in public opinion and in Congress and the states.”

Epic scores a victory in Apple court decision, Triangle attorney says