Microsoft has backed “Fortnite” video game maker Epic Games in its legal battle with Apple – alleging in a new court filing that the Tim Cook-led tech giant has “stymied” its own efforts to create an Xbox mobile store.
In an amicus brief filed late Tuesday in California federal court, Microsoft said Apple’s restrictions had prevented it from “launching its own online store” and argued the injunction against Apple should be enforced even during the appeal process.
“The district court’s injunction allows Apple to maintain its in-app exclusivity but at least should have enabled Microsoft to offer consumers a workable solution by launching its own online store — accessible via link-out — for in-app items to be purchased off-app and used in games or other apps,” attorneys for Microsoft said, according to The Verge.
“That is what Microsoft wants to do. But even this solution has been stymied by Apple,” the filing added.
Apple is already facing major heat from US District Judge Yvonne Gonzalez Rogers, who referred the firm for potential criminal charges from the Justice Department for willfully violating a 2021 injunction requiring it to ease restrictions on third-party app developers.
Apple has asked for a temporary stay pending its appeal of the contempt ruling, arguing it could lose “billions” if it remains in place.
Rogers demanded on Tuesday that Apple explain why it had not complied with the court-ordered injunction and warned that the Apple official “personally responsible for ensuring compliance” would need to appear in court on May 27 if the matter wasn’t resolved.
Microsoft noted that the injunction is also necessary to proceed with plans to add new features on the primary Xbox app for Apple customers.
“Similarly, Microsoft has long sought to enable Xbox app users on iOS to both buy and stream games in the app from the cloud or their other devices,” Microsoft said in the filing. “Apple’s policies have restricted Microsoft’s ability to offer these functionalities together; the injunction allows Microsoft to explore this possibility.”
Representatives for Microsoft and Apple did not immediately return requests for comment.
Meanwhile, “Fortnite” returned to the App Store after a nearly five-year ban on Tuesday – weeks after Rogers first publicly blasted Apple for noncompliance on April 30.
In her April 30 ruling, Rogers said Cook “chose poorly” by directing employees to defy the previous injunction and that vice president of finance Alex Roman had “outright lied” under oath.
At the same time, Rogers slapped Apple with fresh restrictions – including an order to stop charging a 27% fee on rival developers like Epic who direct customers to make purchases outside the App Store and to end restrictions on where developers can place links that lead customers away from the App Store.
Fortnite was originally banned from Apple’s App Store in 2020 for policy violations related to in-app payments, kicking off the years-long legal feud between the two tech giants.
