Apple Files Appeal in Epic Games Lawsuit, Asks to Delay App Store Changes

Apple has opted to appeal the ruling meted out by Judge Yvonne Gonzalez Rogers in the Epic Games vs. Apple lawsuit back in September, and today filed a notice of appeal with the United States District Court for the Northern District of California.

app store blue banner epic 1
The Cupertino company is planning to appeal the ruling that would require it to change its App Store rules to allow developers to add in-app links to outside websites, which would pave the way for alternate payment options that do not require developers to use the in-app purchase system. While the appeal is ongoing, Apple has asked the court for a stay on the permanent injunction that requires it to implement those changes by December.

Apple asks the Court to suspend the requirements of its injunction until the appeals filed by both Epic and Apple have been resolved. The company understands and respects the Court’s concerns regarding communications between developers and consumers. Apple is carefully working through many complex issues across a global landscape, seeking to enhance information flow while protecting both the efficient functioning of the App Store and the security and privacy of Apple’s customers. Striking the right balance may solve the Court’s concerns making the injunction (and perhaps even Apple’s appeal itself) unnecessary. A stay is warranted in these circumstances.

In the original ruling, Rogers said that Apple's anti-steering rules prohibiting links to outside websites illegally stifle consumer choice. She prohibited Apple from restricting developers from including "in their apps and their metadata buttons, external links, or other calls to action that direct customers to purchasing mechanisms."

At the time, she gave Apple 90 days to implement these changes, but Apple is asking to wait to make any updates to the ‌App Store‌ rules until all of the appeals in the case have wrapped up, which could take years as Epic Games has also filed an appeal.

According to Apple, making changes to the ‌App Store‌ rules could "upset the careful balance between developers and customers provided by the ‌App Store‌," resulting in irreparable harm to Apple and consumers. Apple says that a stay will allow it to safeguard its platform while it works through "the complex and rapidly evolving legal, technological, and economic issues that any revisions to this Guideline would implicate."

Further, as grounds for appeal, Apple said that ‌Epic Games‌ barely mentioned the anti-steering claim during the trial, and offered no evidence that it was harmed by that particular ‌App Store‌ rule. Apple claims that it is likely to succeed on appeal, and that Epic will suffer no harm from a stay on the injunction. Apple also said that it is working on "enhancing information flow" without impacting the consumer, and that ‌App Store‌ changes could be coming that would eliminate the need for a permanent injunction at all.

Implementing the injunction on December 9 could have unintended downstream consequences for consumers and the platform as a whole. Apple is working hard to address these difficult issues in a changing world, enhancing information flow without compromising the consumer. A stay of the injunction would permit Apple to do so in a way that maintains the integrity of the ecosystem, and that could obviate the need for any injunction regarding steering.

The permanent injunction is currently scheduled to go into effect on December 9, but if Apple wins, it will not have to make changes at that time. Rogers is set to hear Apple's case on November 16. The full text of Apple's appeal can be read here.

The original lawsuit went largely in Apple's favor with the exception of the anti-steering injunction, with Apple calling it a "resounding victory." ‌Epic Games‌ has appealed the ruling and Epic Games CEO Tim Sweeney said that the judge's decision "isn't a win for developers or for consumers."

Top Rated Comments

hoodafoo Avatar
15 weeks ago
Wait, Apple said publicly it was pleased with the ruling, now it wants to appeal it??
Score: 22 Votes (Like | Disagree)
diddl14 Avatar
15 weeks ago
There goes hope for those developers that were thinking they could now finally point users to their own save payment portals...
Score: 20 Votes (Like | Disagree)
Bull 07 Avatar
15 weeks ago
Master move. Genius Apple.
Score: 17 Votes (Like | Disagree)
Homme Avatar
15 weeks ago

This is pathetic, Apple.
it’s not pathetic at all. Apple has a right to appeal in order to protect what it can gain most from the appeal

Wait, Apple said publicly it was pleased with the ruling, now it wants to appeal it??
they did say after the ruling that they will appeal that decision and wallah they did
Score: 16 Votes (Like | Disagree)
BootsWalking Avatar
15 weeks ago
Apple is a long way from the 1984 commercial.
Score: 15 Votes (Like | Disagree)
cmwade77 Avatar
15 weeks ago
I hope the appeals court tells Apple to go fly a kite.
Score: 14 Votes (Like | Disagree)

Related Stories

fortnite apple featured

Apple Wins Stay in Epic Case, Won't Have to Implement App Store Changes Tomorrow

Wednesday December 8, 2021 11:45 am PST by
Apple has successfully won a stay on an injunction that would have required it to make sweeping App Store changes as soon as December 9, so for the time being, Apple can continue to require developers to use its in-app purchase system without offering alternatives. The judge in the ongoing Epic v. Apple lawsuit had ordered Apple to allow developers to provide customers with alternatives to...
app store blue banner epic 1

Epic Games Not Satisfied With Ruling in Case Against Apple, Files Appeal

Monday September 13, 2021 2:02 am PDT by
Epic Games has filed an appeal against the ruling in its case against Apple, further prolonging the already year-long legal battle between the two companies. The ruling, announced on Friday, sided with Apple on nine out of the ten counts that Epic Games had presented against the company. Epic, from the start, had alleged that Apple is anti-competitive and that it should open up its devices...
app store blue banner epic 1

Judge Says Apple Has Until December 9 to Make App Store Change Letting Developers Link to Alternate Payment Methods

Tuesday November 9, 2021 5:37 pm PST by
Following a virtual hearing earlier today, Judge Yvonne Gonzalez Rogers has denied Apple's request to delay the implementation of a permanent injunction that will require Apple to make significant App Store changes. As part of the judgement in the Apple v. Epic lawsuit, Judge Gonzalez Rogers is requiring Apple to allow developers to add in-app links to outside websites, paving the way for...
fortnite apple featured

Apple Won't Allow Fortnite Back in the App Store Until Legal Battle Ends Due to Epic's 'Duplicitous Conduct'

Wednesday September 22, 2021 9:49 am PDT by
Apple has no plans to allow Fortnite to return to the App Store in the near future, Apple's lawyers told Epic's lawyers this week. Further, Apple does not plan to consider requests for the reinstatement of the Epic Games developer account until the court's judgment is "final and nonappealable," a process that could span years. Apple provided this information to Epic Games after Epic CEO Tim...
fortnite apple featured

Epic Games Pays Apple $6 Million as Ordered by Court

Monday September 13, 2021 3:31 pm PDT by
Epic Games today paid Apple $6,000,000 in royalties, Epic Games CEO Tim Sweeney said on Twitter. As part of the ruling in the ongoing Epic v. Apple legal battle, Epic was last week ordered by the court to pay 30 percent of the revenue that it collected from the Fortnite app using its illicit direct payment option. Back at the start of the dispute between Epic and Apple, Epic added a direct...
fortnite apple logo 2

Epic CEO: Judge's Decision 'Isn't a Win for Developers or for Consumers,' Fortnite Not Immediately Returning to App Store

Friday September 10, 2021 10:37 am PDT by
The year-long dispute between Epic Games and Apple reached a milestone with Yvonne Gonzalez Rogers delivering a middle-of-the road verdict that isn't quite what Epic Games or Apple wanted. Apple will not be required to support third-party app stores as Epic Games pushed for, but Apple will have to let developers offer "buttons, external links, or other calls to action" to direct customers to ...
app store blue banner epic 1

Epic Wins Appeal to Continue Antitrust Case Against Apple in Australia

Friday July 9, 2021 1:58 am PDT by
Australia's Federal Court has permitted Epic Games to sue Apple, reversing a previous ruling that said the two companies had to battle it out in the United States first before any legal action could take place Down Under. Epic and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia last November, in an...
paddle in app purchase

Paddle Postpones Launch of In-App Purchase Alternative After Apple Wins Reprieve

Thursday December 9, 2021 1:41 pm PST by
Payments platform Paddle will be delaying the launch of its alternative in-app payment system for iOS, the company announced today. The delay comes after Apple won a stay allowing it to maintain the current App Store payment setup until after an appeals court examines the original ruling in the Epic v. Apple case. Back in October, Paddle announced plans to launch a web-based payment system...

Popular Stories

safari icon blue banner

Safari Bug Allows Websites to Track Your Recent Browsing Activity in Real Time [Updated]

Sunday January 16, 2022 3:37 pm PST by
A bug in WebKit's implementation of a JavaScript API called IndexedDB can reveal your recent browsing history and even your identity, according to a blog post shared on Friday by browser fingerprinting service FingerprintJS. In a nutshell, the bug allows any website that uses IndexedDB to access the names of IndexedDB databases generated by other websites during a user's browsing session....
iPhone 14 Mock pill and hole thumb

ProMotion Now Expected to Remain Exclusive to iPhone 14 Pro Models, Not Expand to Entire Lineup

Sunday January 16, 2022 8:56 am PST by
Continuing the tradition set with the iPhone 13 Pro, only the highest-end iPhone 14 models will feature Apple's ProMotion display technology, according to a respected display analyst. Ross Young, who on multiple occasions has detailed accurate information about Apple's future products, said in a tweet that ProMotion will not be expanded to the entire iPhone 14 lineup and will remain...
iPad Air Feature 2 green

New Apple Products Filed in Regulatory Database, Likely Including New iPhone SE and iPad Air

Tuesday January 18, 2022 6:11 am PST by
Apple today filed unreleased iPhone and iPad models in the Eurasian Economic Commission database, as spotted by French blog Consomac. The filings likely represent the rumored third-generation iPhone SE, fifth-generation iPad Air, and potentially more. The unreleased iPhone models have the identifiers A2595, A2783, and A2784, while the unreleased iPad models have the identifiers A2588, A2589, ...
AirPods 3 New Firmware Feature

Apple Updates AirPods 3 Firmware to Version 4C170

Tuesday January 18, 2022 11:46 am PST by
Apple today released a new 4C170 firmware update for the AirPods 3, an update from the prior 4C165 that was made available in December. Apple does not offer details on what's included in new firmware updates for the AirPods‌, so we don't know what improvements or bug fixes the new firmware brings. There is no standard way to upgrade the ‌AirPods‌‌ software, but firmware is...
iphone 5g mmwave

U.S. Airlines Warn of 'Catastrophic' Crisis With Impending 5G Rollout, AT&T and Verizon Agree to Delay Around Airports

Tuesday January 18, 2022 10:35 am PST by
Verizon and AT&T's upcoming rollout of new C-Band 5G technology could cause chaos and lead to widespread delays of passenger and cargo flights, major U.S. airlines said on Monday in a letter sent to the White House National Economic Council, the FAA, and the FCC (via Reuters). "Unless our major hubs are cleared to fly, the vast majority of the traveling and shipping public will essentially...
iphone se 2020 top

iPhone SE With Larger 5.7-Inch Display May Launch in 2023, 'iPhone SE+ 5G' Also Rumored

Monday January 17, 2022 6:46 am PST by
Apple is planning to release a fourth-generation iPhone SE with a larger 5.7-inch display as early as 2023, according to display industry consultant Ross Young, who has proven to be a reliable source of information for future Apple products. The fourth-generation iPhone SE has until now been rumored to launch in 2024, but Young now says a 2023 release is looking more likely....
tesla carplay solution

Developer Showcases Apple CarPlay Workaround for Teslas

Monday January 17, 2022 7:24 am PST by
A Tesla Model 3 owner has resorted to a workaround to implement Apple CarPlay in his vehicle, amid no sign of official support from Tesla (via Tesla North). Apple CarPlay and Apple Music support are among the most-requested Tesla features, but with no indication that Tesla is willing to implement Apple CarPlay in its vehicles, Polish developer Michał Gapiński took matters into his own...
ipad air 4 video

New iPad Air Rumored to Launch This Spring With A15 Chip, 5G, Center Stage Camera, and More

Saturday January 15, 2022 8:05 pm PST by
Apple is planning to release a fifth-generation iPad Air with similar features as the sixth-generation iPad mini, including an A15 Bionic chip, 12-megapixel Ultra Wide front camera with Center Stage support, 5G for cellular models, and Quad-LED True Tone flash, according to Japanese blog Mac Otakara. Citing reliables sources in China, the report claims that the new iPad Air could be...