Yeah it seems like a very reasonable ruling. It was interesting that Fortnite was not allowed back yet because Epic failed to demonstrate harm due to it being self-inflicted
Here, the Court’s evaluation is guided by the general notion that“self-inflicted wounds are not irreparable injury.”
Al Otro Lado v. Wolf
, 952 F.3d 999, 1008 (9thCir. 2020) (quoting
Second City Music, Inc. v. City of Chicago
, 333 F.3d 846, 850 (7th Cir.2003)). Further courts generally decline to find irreparable harm that “results from the expressterms of [the] contract.”
See Salt Lake Tribune Publ’g Co., LLC v. AT&T Corp.
, 320 F.3d 1081,1106 (10th Cir. 2003) (no irreparable harm where the alleged harm “results from the express termsof [the] contract”).
At its core, irreparable harm is harm or injury that cannot be repaired.The Court finds that with respect to Epic Games’ motion as to its games, includingFortnite, Epic Games has not yet demonstrated irreparable harm. The current predicament appearsof its own making.
See Second City Music
, 333 F.3d at 850 (“Only the injury inflicted by one’sadversary counts for this purpose.”). Epic Games remains free to maintain its agreements withApple in breach status as this litigation continues, but as the Seventh Circuit recognized in
, “[t]he sensible way to proceed is for [Epic to comply with the agreements andguidelines] and continue to operate while it builds a record.”
“Any injury that [Epic Gamesncurs by following a different course is of its own choosing.”
Epic Games admits that thetechnology exists to “fix” the problem easily by deactivating the “hotfix.” That Epic Gameswould prefer
to litigate in that context does not mean that “irreparable harm” exists
Anyways we'll see how things play out, many more of these things to come. Also interesting to note that Apple seems to be taking a bit of a different tack now and apologized and re-instated the Wordpress app
Playing: Xenoblade Chronicles DE, Ys IX, God of War
Watching: Lupin, You me and the Apocalypse, Days of Thunder