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
10 months ago
Wait, Apple said publicly it was pleased with the ruling, now it wants to appeal it??
Score: 22 Votes (Like | Disagree)
diddl14 Avatar
10 months 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
10 months ago
Master move. Genius Apple.
Score: 17 Votes (Like | Disagree)
Homme Avatar
10 months 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
10 months ago
Apple is a long way from the 1984 commercial.
Score: 15 Votes (Like | Disagree)
cmwade77 Avatar
10 months ago
I hope the appeals court tells Apple to go fly a kite.
Score: 14 Votes (Like | Disagree)

Related Stories

fortnite apple logo south korea feature 1

Epic Games Asks Apple to Restore Fortnite in South Korea Following Ban on In-App Purchase Requirement [Update]

Thursday September 9, 2021 5:00 pm PDT by
Epic Games today said that it has asked Apple to reinstate its Fortnite developer account because it intends to release Fortnite in South Korea. South Korea in late August passed a bill that bans Apple from requiring developers to use its in-app purchase system. The bill forces Apple (and Google) to let developers use third-party payment methods to make purchases. Epic Games now says that ...
maxresdefault

Hands On: Testing Fortnite on iOS Using GeForce NOW

Thursday February 17, 2022 11:54 am PST by
Fortnite has been unavailable to play on the iPhone and iPad since Apple banned it from the App Store in August 2020 amid an ongoing legal battle with Epic Games, but the battle royale game is coming back to iOS devices thanks to Nvidia's GeForce NOW gaming service. Subscribe to the MacRumors YouTube channel for more videos. GeForce NOW is a browser-based gaming service that will allow iPhone ...
app store blue banner epic 1

Epic Games CEO Renews Attack on Apple and Calls for Single, Universal App Store

Tuesday November 16, 2021 3:31 am PST by
Epic Games CEO Tim Sweeney has today renewed his attack on Apple and called for a single, universal app store that works across all platforms (via Bloomberg). Last year, Epic's popular game "Fortnite" became the subject of heated litigation with Apple and Google over the rate of commission on in-app purchases. After Epic broke App Store rules by implementing a direct payment option, the game ...
fortnite apple logo geforce feature

Fortnite Coming Back to iOS Soon Thanks to Nvidia's GeForce NOW Service

Thursday January 13, 2022 11:19 am PST by
With the Apple vs. Epic Games lawsuit continuing on, there are no signs that Apple has any intention of allowing popular battle royale game Fortnite to return to the App Store on iPhone and iPad. Epic Games has found a workaround though, by partnering up with Nvidia. GeForce NOW, Nvidia's streaming gaming service, will soon add Fortnite support, allowing Fortnite to be played through a...
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...
fortnite samsung

Apple Says Epic Games 'Wants Us to Be Android, But We Don't Want to Be'

Monday May 3, 2021 5:43 pm PDT by
The highly-anticipated Epic Games vs. Apple trial kicked off today in a federal court in Oakland, California, with lawyers for both companies delivering opening remarks before District Judge Yvonne Gonzalez Rogers. Lawyers for Epic Games attempted to paint the App Store as anti-competitive and monopolistic, noting that developers are forced to use Apple's in-app purchase system, and thus pay ...
roblox logo

Department of Justice Exploring Apple's Treatment of 'Roblox' Game in Antitrust Investigation

Monday December 6, 2021 12:46 pm PST by
The United States Justice Department is investigating Apple for antitrust issues, and Roblox is an area of interest for prosecutors attempting to put together a case, reports The Information. Investigators are looking for situations where Apple is unevenly enforcing rules for app developers, and Roblox is an area of interest because of the way the app works. Roblox is an online gaming...
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 ...

Popular Stories

maxresdefault

M2 13-Inch MacBook Pro With 256GB SSD Appears Slower Than Equivalent M1 in Real-World Speed Tests

Monday June 27, 2022 1:57 pm PDT by
Benchmark testing has indicated that the 256GB variant of the 13-inch MacBook Pro with M2 chip offers slower SSD performance than its M1 equivalent, and now real-world stress testing by YouTuber Max Yuryev of Max Tech suggests that the 256GB SSD in the 13-inch MacBook Pro is also underperforming in day-to day-usage. The M2 MacBook Pro with 256GB SSD and 8GB RAM was slower than the M1 MacBook ...
M2 Pro and Max Feature

Apple's Upcoming M2 Pro Chip for High-End MacBook Pro and Mac Mini Will Reportedly Be 3nm

Monday June 27, 2022 7:31 am PDT by
TSMC will manufacture Apple's upcoming "M2 Pro" and "M3" chips based on its 3nm process, according to Taiwanese industry publication DigiTimes. "Apple reportedly has booked TSMC capacity for its upcoming 3nm M3 and M2 Pro processors," said DigiTimes, in a report focused on competition between chipmakers like TSMC and Samsung to secure 3nm chip orders. As expected, the report said TSMC will...
iPhone 11 Pro vs iPhone 14 Pro

iPhone 11 Pro vs. 14 Pro: New Features to Expect if You've Waited to Upgrade

Monday June 27, 2022 11:22 am PDT by
With many customers choosing to upgrade their iPhone every two or three years nowadays, there are lots of iPhone 11 Pro users who might be interested in upgrading to the iPhone 14 Pro later this year. Those people are in for a treat, as three years of iPhone generations equals a long list of new features and changes to look forward to. Below, we've put together a list of new features and...
original iphone 2007

15 Years Ago Today, the iPhone Went On Sale

Wednesday June 29, 2022 4:43 am PDT by
Fifteen years ago to this day, the iPhone, the revolutionary device presented to the world by the late Steve Jobs, officially went on sale. The first iPhone was announced by Steve Jobs on January 9, 2007, and went on sale on June 29, 2007. "An iPod, a phone, an internet mobile communicator... these are not three separate devices," Jobs famously said. "Today, Apple is going to reinvent the...
tesla carplay hack

Tesla Apple CarPlay Hack Updated to Work With Any Tesla Model

Monday June 27, 2022 3:38 am PDT by
Polish developer Michał Gapiński has released a new and improved version of his "Tesla Android Project" which brings Apple's CarPlay experience to more Tesla vehicles than ever before. According to Gapiński, version 2022.25.1 provides "100% functional CarPlay integration for any Tesla," and comes with several new features and bug fixes. The project now supports DRM video playback so that...
13 inch macbook pro m2 mock feature 2

Base 13-Inch MacBook Pro With M2 Chip Has Significantly Slower SSD Speeds

Sunday June 26, 2022 2:52 pm PDT by
Following the launch of Apple's new 13-inch MacBook Pro with the M2 chip, it has been discovered that the $1,299 base model with 256GB of storage has significantly slower SSD read/write speeds compared to the equivalent previous-generation model. YouTube channels such as Max Tech and Created Tech tested the 256GB model with Blackmagic's Disk Speed Test app and found that the SSD's read and...
maxresdefault

Video Comparison: M2 MacBook Pro vs. M1 MacBook Pro

Tuesday June 28, 2022 2:45 pm PDT by
Apple last week launched an updated version of the 13-inch MacBook Pro, and it is the first Mac that is equipped with an updated M2 chip. As it's using a brand new chip, we thought we'd pick up the M2 MacBook Pro and compare it to the prior-generation M1 MacBook Pro to see just what's new. Subscribe to the MacRumors YouTube channel for more videos. For the video comparison, we're using the...
iPhone vs Galaxy Larger

Apple Executive Says Samsung Copied the iPhone and Simply 'Put a Bigger Screen Around It'

Tuesday June 28, 2022 8:59 am PDT by
The Wall Street Journal's Joanna Stern today shared a new documentary about the evolution of the iPhone ahead of the 15th anniversary of the device launching on June 29, 2007. The documentary includes an interview with Apple's marketing chief Greg Joswiak, iPhone co-creator Tony Fadell, and a family of iPhone users. One segment of the interview reflects on Android smartphones gaining larger...
widgets ios 16 feature

Gurman: iPhone 14 Pro to Feature Always-On Display Showing iOS 16's New Lock Screen Widgets

Sunday June 26, 2022 7:36 am PDT by
iPhone 14 Pro models are widely expected to feature always-on displays that allow users to view glanceable information without having to tap to wake the screen. In the latest edition of his Power On newsletter for Bloomberg, Mark Gurman said the feature will include support for iOS 16's new Lock screen widgets for weather, fitness, and more. "Like the Apple Watch, the iPhone 14 Pro will be...