If this were just Epic trying to get press as a "stunt", like a giant bluff or expecting to lose, I might agree with you... but Epic has filed the lawsuit and is certainly going to follow through on this: only an idiot does that--at such a heavy cost to their customer base, which otherwise might cause blowback--without having all their ducks in a row on basic PR. Seriously: if you want to be able to take Apple on in a lawsuit like this and win, you need to demonstrate that Apple is serious about the behavior you think is illegal and then sue them for that, not some vague idea that Apple probably wouldn't let you do something: between the two giant companies, both of which are kind of reprehensible, let's focus on this one issue and root for the correct side here.