In the long and what feels like the never-ending drama between Epic and Apple, the tech-company yesterday filed its court response to Epic’s motion against some of Apple’s counterclaims.
In a contentious court hearing two weeks ago, Epic presented its case for a PI (preliminary injunction) that would have required Apple to place Fortnite back on the App Store until at least the legal feud ends. Despite passionate testimonies from both sides, Judge Yvonne Gonzalez Rogers ultimately decided to not accept the PI and leave Fortnite off the App Store until at least 2021.
As reported by FOSS Patents, Apple calls out Epic for “stealing money from Apple” and access it of theft in new court filings, saying that as a victim of theft, it has the right to sue for conversion to get its property back.
Stated simply, Epic is stealing money from Apple. Theft is a crime, and ‘conversion’ is its civil-law analogue. The victim of theft has always had the right to sue for conversion to get its property back from the thief—irrespective of the technical means by which the conversion is accomplished. If, for example, Epic sent an agent into Apple Park and stole cash from a vault, a conversion claim could properly be pleaded. If Epic hacked an Apple bank account and stole cash electronically, a conversion claim could properly be pleaded. And if Epic bypassed IAP to funnel funds that include Apple’s revenues and commissions into Epic’s coffers, a conversion claim can be—and has been—properly pleaded.Court Documents
Apple’s point is that by Epic Games bypassing its in-app purchasing system, it is not receiving its 30% commission that it would if Epic were to use the system. Apple in the court document says that Epic Games is “wrongfully exercis[ing] dominion over a specifically identifiable pot of money that already belongs to [Apple]—in other words, the sort of wrong that conversion is designed to remedy.”