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
33 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
33 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
33 months ago
Master move. Genius Apple.
Score: 17 Votes (Like | Disagree)
Homme Avatar
33 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
33 months ago
Apple is a long way from the 1984 commercial.
Score: 15 Votes (Like | Disagree)
cmwade77 Avatar
33 months ago
I hope the appeals court tells Apple to go fly a kite.
Score: 14 Votes (Like | Disagree)

Popular Stories

maxresdefault

Apple Announces 'Let Loose' Event on May 7 Amid Rumors of New iPads

Tuesday April 23, 2024 7:11 am PDT by
Apple has announced it will be holding a special event on Tuesday, May 7 at 7 a.m. Pacific Time (10 a.m. Eastern Time), with a live stream to be available on Apple.com and on YouTube as usual. The event invitation has a tagline of "Let Loose" and shows an artistic render of an Apple Pencil, suggesting that iPads will be a focus of the event. Subscribe to the MacRumors YouTube channel for more ...
Apple Silicon AI Optimized Feature Siri

Apple Releases Open Source AI Models That Run On-Device

Wednesday April 24, 2024 3:39 pm PDT by
Apple today released several open source large language models (LLMs) that are designed to run on-device rather than through cloud servers. Called OpenELM (Open-source Efficient Language Models), the LLMs are available on the Hugging Face Hub, a community for sharing AI code. As outlined in a white paper [PDF], there are eight total OpenELM models, four of which were pre-trained using the...
Apple Vision Pro Dual Loop Band Orange Feature 2

Apple Cuts Vision Pro Shipments as Demand Falls 'Sharply Beyond Expectations'

Tuesday April 23, 2024 9:44 am PDT by
Apple has dropped the number of Vision Pro units that it plans to ship in 2024, going from an expected 700 to 800k units to just 400k to 450k units, according to Apple analyst Ming-Chi Kuo. Orders have been scaled back before the Vision Pro has launched in markets outside of the United States, which Kuo says is a sign that demand in the U.S. has "fallen sharply beyond expectations." As a...
iOS 18 Siri Integrated Feature

iOS 18 Rumored to Add These 10 New Features to Your iPhone

Wednesday April 24, 2024 2:05 pm PDT by
Apple is set to unveil iOS 18 during its WWDC keynote on June 10, so the software update is a little over six weeks away from being announced. Below, we recap rumored features and changes planned for the iPhone with iOS 18. iOS 18 will reportedly be the "biggest" update in the iPhone's history, with new ChatGPT-inspired generative AI features, a more customizable Home Screen, and much more....
iPad And Calculator App Feature

Apple Finally Plans to Release a Calculator App for iPad Later This Year

Tuesday April 23, 2024 9:08 am PDT by
Apple is finally planning a Calculator app for the iPad, over 14 years after launching the device, according to a source familiar with the matter. iPadOS 18 will include a built-in Calculator app for all iPad models that are compatible with the software update, which is expected to be unveiled during the opening keynote of Apple's annual developers conference WWDC on June 10. AppleInsider...