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

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.

fortnite apple featured
The judge in the ongoing Epic v. Apple lawsuit had ordered Apple to allow developers to provide customers with alternatives to in-app purchases within their apps, and she gave the Cupertino company until December 9 to implement the changes. Apple asked for a stay, which she denied, and after that denial, Apple kicked the request up to the Ninth Circuit Court of Appeals.

The appeals court granted the stay, and said that Apple has demonstrated that its appeal raises "serious questions" about the ruling in the original case.

Apple has demonstrated, at minimum, that its appeal raises serious questions on the merits of the district court's determination that Epic Games, Inc. failed to show Apple's conduct violated any antitrust laws but did show that the same conduct violated California's Unfair Competition Law. [...]

Therefore, we grant Apple's motion to stay part (i) of paragraph (1) of the permanent injunction. The stay will remain in effect until the mandate issues in this appeal.

The court has stayed the enforcement of the injunction until it is able to fully hear the case, which could take several months. While the court considers Apple's appeal, Apple will be able to operate the ‌App Store‌ as is.

In the original ruling, Judge Yvonne Gonzalez-Rogers said that Apple would be prohibited 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," paving the way for alternate payment options that do not require Apple to use the in-app purchase system.

Apple has argued that the proposed ‌App Store‌ changes could "upset the careful balance between developers and customers provided by the ‌‌‌App Store‌‌‌," resulting in irreparable harm to Apple and consumers, and Apple has also claimed that it needs more time to work through "the complex and rapidly evolving legal, technological, and economic issues" that the required change would cause.

Should the appeals court ultimately rule in Apple's favor after examining the case, the injunction could be vacated permanently. Apple's win today means we will need to wait several more months for the legal process to play out before any ‌App Store‌ changes are implemented.

As for Fortnite, there is no clear path for the app to return to the ‌App Store‌ and it appears it will continue to be unavailable on Apple's platform.

Top Rated Comments

Lounge vibes 05 Avatar
7 months ago
Laughing at all the people who said that December 9 would be the beginning of Apple‘s downfall.
Score: 60 Votes (Like | Disagree)
WolfSnap Avatar
7 months ago

App Store consumers are the ones who lost today !

NOT Epic, they are out of the picture, WRT the App Store.

And my never get back in.
Disagree. I *like* having all transactions go through Apple. Gets rid of some of the Wild West that you see on Android.

If you want chaos, switch to android. It's always been an option.
Score: 41 Votes (Like | Disagree)
metapunk2077fail Avatar
7 months ago
Another Epic Fail
Score: 31 Votes (Like | Disagree)
sw1tcher Avatar
7 months ago

Laughing at all the people who said that December 9 would be the beginning of Apple‘s downfall.
Apple's been doomed since the late 1990s
Score: 31 Votes (Like | Disagree)
WolfSnap Avatar
7 months ago
Epic needs to lose this. It's been clear that Epic's end goal is to create a monopolistic game store market that they'd run -- because, of course they would. They're arguing in bad faith, as usual.
Score: 24 Votes (Like | Disagree)
dannyyankou Avatar
7 months ago
Epic is playing checkers, Apple is playing chess.
Score: 22 Votes (Like | Disagree)

Related Stories

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...
iOS App Store General Feature Dock

Indie Developer Dogged By Scammy Clone Apps Again Highlights the Holes in Apple's App Store Review Process

Monday February 21, 2022 9:29 am PST by
Apps that copy concepts and features from other apps are nothing new in the ‌App Store‌, but scammy like-for-like clones of genuine apps remain a perennial problem that Apple still hasn't resolved, as indie developer Kevin Archer recently discovered. Archer is responsible for 2Stable's Authenticator App, a feature-rich app that stores and generates secure two-factor authentication tokens...
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...
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...
iOS App Store General Feature JoeBlue

Dutch Regulator Says Apple Shouldn't Force Dating Apps to Offer Separate App for Alternative Payments

Monday February 14, 2022 9:02 am PST by
The Netherlands Authority for Consumers and Markets (ACM) today fined Apple an additional five million euros for allegedly failing to satisfy the requirements it set regarding alternative payment systems for dating apps. This is the fourth consecutive week that the ACM has fined Apple, with the total penalty now standing at 20 million euros. In a press release, the ACM said that Apple's...
app store blue banner epic 1

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

Friday October 8, 2021 4:17 pm PDT by
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. 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 ...
iOS App Store General Feature JoeBlue

Apple to Allow In-App Third-Party Payment Options for First Time in the Netherlands

Saturday January 15, 2022 12:39 am PST by
Apple has announced that it will allow third-party payment options for in-app purchases for dating apps in the Netherlands, in the first ever concession of its kind. In a message posted on its developer site late on Friday, Apple announced that it will comply with a Netherlands Authority for Consumers and Markets (ACM) ruling that compels the company to allow third-party payment services to...
fortnite apple logo 2

Epic Games Appeals Ruling in Apple Lawsuit, Claims Court Made Errors

Thursday January 20, 2022 10:29 am PST by
Epic Games today kicked off its appeal of the judge's decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit. Both Apple and Epic Games have decided to appeal the original ruling as neither company was satisfied with the outcome. Epic Games wanted the court to force Apple to support third-party App Stores, which did not...

Popular Stories

macbook air m2

Exclusive: Apple Plans to Launch MacBook Air With M2 Chip on July 15

Wednesday June 29, 2022 5:23 pm PDT by
The redesigned MacBook Air with the all-new M2 Apple silicon chip will be available for customers starting Friday, July 15, MacRumors has learned from a retail source. The new MacBook Air was announced and previewed during WWDC earlier this month, with Apple stating availability will begin in July. The MacBook Air features a redesigned body that is thinner and lighter than the previous...
Mac Studio IO

Apple Begins Selling Refurbished Mac Studio Models

Thursday June 30, 2022 7:42 pm PDT by
Apple today began selling refurbished Mac Studio models for the first time in the United States, Canada, and select European countries, such as Belgium, Germany, Ireland, Spain, Switzerland, the Netherlands, and the United Kingdom. In the United States, two refurbished Mac Studio configurations are currently available, including one with the M1 Max chip (10-core CPU and 24-core GPU) for...
top stories 2jul2022

Top Stories: M2 MacBook Air Release Date, New HomePod Rumor, and More

Saturday July 2, 2022 6:00 am PDT by
The M2 MacBook Pro has started making its way into customers' hands and we're learning more about how it performs in a variety of situations, but all eyes are really on the upcoming M2 MacBook Air which has seen a complete redesign and should be arriving in a couple of weeks. Other top stories this week included a host of product rumors including additional M2 and even M3 Macs, an updated...
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...
rootbug

Major macOS High Sierra Bug Allows Full Admin Access Without Password - How to Fix [Updated]

Tuesday November 28, 2017 12:33 pm PST by
There appears to be a serious bug in macOS High Sierra that enables the root superuser on a Mac with a blank password and no security check. The bug, discovered by developer Lemi Ergin, lets anyone log into an admin account using the username "root" with no password. This works when attempting to access an administrator's account on an unlocked Mac, and it also provides access at the login...