It’s a strange situation. Apple banned Epic for violating a prior revision of its ToS but that wouldn’t have happened under the revised ToS compliant with the latest ruling, so does Apple have the right to still ban Epic’s newer or previously uninvolved accounts? It seems Apple’s own argument suggests that Apple is in the wrong, because if Apple is waiting until after it has appealed, is it preparing to allow Epic in if the appeal fails? If so, it’s not really about the ToS, is it?

Sweeney posted the judge’s response via his X account today. The judge says Apple can let Epic in or provide an argument as to why it won’t, with the employee responsible to be ready to be asked questions about it on May 27.