On Monday, Epic Games failed to convince a U.S. judge to let Apple put its popular game Fortnite back in the tech giant’s App Store, and their legal action will go to a possible trial next year.

The two companies are fighting over Apple’s strict control of the App Store and whether its 30% revenue cut constitutes a monopoly.

U.S. District Court Judge Yvonne Gonzalez Rogers had previously rejected a similar request from Epic, and appeared to be motionless at Monday’s hearing.

The judge said that given her calendar, she did not want to start the trial of the dispute as early as July next year.

She suggested that Apple and Epic ask the jury to hear the case and issue a written explanation of Monday’s verdict.

Apple does not allow users of its popular devices to download applications from anywhere outside of its App Store, and developers must use Apple’s payment system to cut costs.

Apple will use iOS mobile operating software-driven devices to market digital content and subscription services to more than one billion people worldwide as a legal battle.

Major application developers including Epic and streaming music giant Spotify recently formed an alliance to demand new terms of competition with major online markets operated by Apple and Google.

Google tailors the Play Store for the devices on which its Android software runs, and charges commissions, but people are free to get apps from other online places.

The case is due to more and more people criticizing the fees and terms charged by the app store, as well as the legal challenges raised by Epic and Spotify to Apple’s online subscription committee.

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After Epic released an update to avoid sharing revenue with iPhone manufacturers, Apple withdrew Fortnite from its online mobile app market on August 13.

The judge in the case previously rejected Epic’s emergency injunction request, saying that Fortnite’s expulsion by Apple was a “self-injury wound.”

But Epic did not back down because of the confrontation with Apple. He accused the technology giant of being a “monopolist.”

Due to legal disputes, Fortnite fans using iPhones or other Apple devices can no longer get the latest game updates, including the new season released at the end of August.


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