A US court has rejected a bid by the makers of Fortnite to reinstate the video game sensation immediately to the App Store, saying its eviction by Apple was a "self-inflicted wound."
The ruling against Epic Games was the opening salvo in a battle over whether Apple's tight control over the App Store, and its 30 percent cut of revenue, counts as monopolistic behavior.
"We thank the court for recognizing that Epic's problem is entirely self-inflicted and is in their power to resolve," Apple told AFP following the ruling in California late Monday.
"We look forward to making our case to the court in September."
District Court Judge Yvonne Gonzalez-Rogers's ruling gave Epic a partial victory however by ordering Apple not to limit Epic's ability to provide Unreal Engine, key graphics technology, for other apps.
The judge acknowledged that Fortnite has passionate fans and people are turning to games as the pandemic keeps them home, but she added that companies must nevertheless abide by contractual agreements or work out conflicts in court.
Apple pulled Fortnite from its online mobile apps marketplace on August 13 after Epic released an update that dodges revenue sharing with the iPhone maker.
Apple does not allow users of its popular devices to download apps from anywhere but its App Store.
The Silicon Valley-based tech giant told Epic it would cut off access to tools needed to tailor software for devices powered by the iPhone maker's operating systems.
Without those tools, Epic will not be able to create iPhone, iPad or Mac computer versions of its widely used Unreal Engine for powering rich graphics, the company said.
The Unreal Engine powers popular video games other than Fortnite, and has applications such as virtual reality training for astronauts and visual effects for television shows such as "The Mandalorian," according to Epic.
Epic asked a judge to issue an emergency order to stop Apple from refusing to list Fortnite at the App Store or restricting access to the developers program until the matter is resolved in court.
In refusing to order Apple to put Fortnite back in the App Store, Judge Gonzalez-Rogers said she was guided by the notion that "self-inflicted wounds are not irreparable injury."
"The current predicament appears of its own making," the judge said of Epic.
Suggested that Epic simply turn off the code it inserted in Fortnite to bypass Apple's payment system.
But the judge concluded that Apple blocking Epic access to its developers program, which involves separate agreements between the companies, would be going too far.
Epic declined to comment.
Palantir announces plans for direct listing on NYSE
San Francisco (AFP) Aug 26, 2020 –
Data analysis specialist Palantir on Tuesday laid out plans to directly list shares on the New York Stock Exchange, shunning the typical tactic of going public by issuing new stock.
It could be one of the biggest stock market debuts since Uber, with the secretive Palantir previously valued at $20 billion in 2015, despite never turning a profit.
Palantir, which sells software used by governments and large companies worldwide, is looking to go public later this year, according to a filing with the US Securities and Exchange Commission.
"We are not party to any arrangement with any registered stockholder or any broker-dealer with respect to sales of shares," Palantir said in the filing.
"As such, we will have no input if and when any registered stockholder may, or may not, elect to sell their shares of Class A common stock or the prices at which any such sales may occur."
The startup indicated that it will not receive any proceeds from sales of shares.
Palantir said in the filing that its software is used in more than 150 countries, and that it took in revenue of $742.6 million last year while logging a net loss of $579.6 million.
The startup reported that it has generated $481.2 million in the first half of this year, with a loss of $164.7 million.
Founded in Silicon Valley in 2003, Colorado-based Palantir said in the filing it has yet to make a profit.
It stressed its mission of working with military and intelligence agencies and revealed it plans to trade under the symbol "PLTR" in New York.
Palantir software is used by institutions ranging from defense agencies to companies in energy, manufacturing and healthcare.