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
13 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
13 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
13 months ago
Master move. Genius Apple.
Score: 17 Votes (Like | Disagree)
Homme Avatar
13 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
13 months ago
Apple is a long way from the 1984 commercial.
Score: 15 Votes (Like | Disagree)
cmwade77 Avatar
13 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

iphone 14 pro max vs 13 max 2

Camera Comparison: iPhone 14 Pro Max vs. iPhone 13 Pro Max

Thursday September 29, 2022 7:44 am PDT by
The iPhone 14 Pro and Pro Max introduce some major improvements in camera technology, adding a 48-megapixel lens and low-light improvements across all lenses with the new Photonic Engine. We've spent the last week working on an in-depth comparison that pits the new iPhone 14 Pro Max against the prior-generation iPhone 13 Pro Max to see just how much better the iPhone 14 Pro Max can be. Subscrib ...
tony blevins car

Apple Procurement VP Departs Company After Vulgar TikTok Comment

Thursday September 29, 2022 12:38 pm PDT by
Tony Blevins, Apple's vice president of procurement, is set to depart the company after he made a crude comment about his profession in a recent TikTok video, reports Bloomberg. Blevins was in a video by TikTok creator Daniel Mac, who was doing a series on the jobs of people he spotted with expensive cars. After seeing Blevins in an expensive Mercedes-Benz SLR McLaren, Mac asked Blevins what ...
Dark Sky App Featured

Dark Sky Removed From iOS App Store Ahead of Upcoming Shutdown

Wednesday September 28, 2022 4:27 pm PDT by
The Dark Sky weather app that's owned by Apple is no longer available for download in the U.S. App Store, suggesting that it has been removed ahead of schedule. Apple acquired Dark Sky back in March 2020 and has since incorporated elements of the app into the Weather app available on the iPhone (and soon, the iPad). Dark Sky remained available for purchase as a standalone weather app...
adaptive transparency airpods pro

iOS 16.1 Beta Brings Adaptive Transparency to Original AirPods Pro

Thursday September 29, 2022 1:08 pm PDT by
The third beta of iOS 16.1 that was released earlier this week expands the Adaptive Transparency feature introduced with the second-generation AirPods Pro to the original AirPods Pro. As noted on Reddit, first-generation AirPods Pro owners who also have the AirPods beta software will now see an "Adaptive Transparency" toggle in the AirPods section of the Settings app. The 5A304A beta...
tim cook malala

Tim Cook: Not Too Long From Now, You'll Wonder How You Led Your Life Without AR

Thursday September 29, 2022 7:26 am PDT by
Speaking at Università Degli Studi di Napoli Federico II in Naples, Italy, Apple CEO Tim Cook said that not too long from today, people will wonder how they led a life without augmented reality, stressing the "profound" impact it will have on the not so distant future. At the university, Cook was awarded an Honorary Degree in Innovation and International Management and also sat down for a...
iOS 16 Wallpaper Spectrum Feature

Five Wallpaper Apps to Check Out for iOS 16's New Lock Screen Depth Effect

Thursday September 29, 2022 9:08 am PDT by
One of the biggest new features in iOS 16 is a completely redesigned iPhone Lock Screen. The new Lock Screen is entirely customizable, letting you change the colors and fonts, add widgets and new wallpapers, and more to make your iPhone uniquely yours. Of course, even before iOS 16, you could customize your Lock Screen with a wallpaper of your choice. iOS 16 takes the Lock Screen wallpaper...
maxresdefault

Apple Responds to Video Testing Crash Detection Feature With Junkyard Vehicles

Friday September 30, 2022 9:11 am PDT by
The Wall Street Journal's Joanna Stern recently traveled to Michigan to test Apple's new crash detection feature on the iPhone 14 and Apple Watch Ultra. In response, Apple provided some additional information about how the feature works. Stern recruited Michael Barabe to crash his demolition derby car with a heavy-duty steel frame into two unoccupied vehicles parked in a junkyard — a 2003...
iphone 14 iphone 14 plus in hand feature

iPhone 14 Is Secretly Hiding a Beloved Mac Feature

Friday September 30, 2022 3:24 am PDT by
The iPhone 14 and iPhone 14 Pro models bring over a longstanding Mac feature, but the setting to enable it is off by default. The feature, which is actually a new accessibility option, allows the iPhone to play a startup chime like the Mac. When enabled, the sound comes alongside a new shutdown chime. The Mac has featured a startup chime since 1987's Macintosh II, and the iconic "bong"...
Hero0005

Best Apple Deals of the Week: M2 MacBook Air Hits New All-Time Low Price at $1,049, Plus Sales on AirPods Pro and More

Friday September 30, 2022 9:05 am PDT by
This week's best Apple deals focus on the AirPods Pro, AirPods Pro 2, and M2 MacBook Air, including numerous all-time low prices on these devices. You'll also find up to 50 percent off discounts on Anker and Eufy accessories on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us...
iPhone 15 to Switch From Lightning to USB C in 2023 feature sans arrow

Kuo: iPhone 14 Pro Max Popularity Could Lead to More Differentiation Between iPhone 15 Pro and iPhone 15 Pro Max

Wednesday September 28, 2022 10:22 am PDT by
Apple has seen high demand for the 6.7-inch iPhone 14 Pro Max, which could lead the company to further differentiate the next-generation iPhone 15 Pro and Pro Max, according to Apple analyst Ming-Chi Kuo. Apple could add exclusive features to the iPhone 15 Pro Max in an effort to encourage more people to purchase the larger and more expensive device. Kuo last week said that Apple asked...