Apple has confirmed it adheres to part of the ban passed as a result of the Epic Games trial, but says it needs to delay other changes because current implementation could “disrupt the integrity of the iOS ecosystem,” compromise user security and privacy, and possibly force Apple to relinquish any fees for their intellectual property.
In the court file he saw iMore filed Friday, Apple told the court:
Apple has already complied with half of the Court’s injunction by repealing the Guidelines, which restrict targeted communication outside the application. Apple has withdrawn to maintain the second half of the ban, preventing Apple from enforcing the Guidelines ban on “button, external links or other calls to action” in the app, as the current implementation of that aspect of the ban would disrupt the integrity of the iOS ecosystem
As Apple notes, the company made changes to its developer guidelines last week, which no longer prohibit developers from contacting users and individuals outside the borders regarding other payment methods for goods. The rule previously disabled apps like Spotify and Netflix from telling users they could purchase a subscription elsewhere.
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However, Apple is still asking for a postponement of the ban, which it says could irreparably harm the company if it is implemented immediately. Apple notes that connectivity restrictions are related to Apple’s requirement that developers must use in-app purchases to sell digital content, which the court said was fine. Apple says eliminating restrictions on in-app messaging and mechanisms would completely undermine that and “force Apple to make its intellectual property available free of charge, and reduce the security and privacy provided to consumers.”
Apple claims that the injunction is unlikely to survive the appeal under appeal, as Epic Games no longer has any status to secure or enforce the injunction because it does not have a developer account with Apple or any app on the App Store, all lifted due to an immediate Epic Games payments. Apple further claims that Epic has not proven that anti-governance provisions harm competition in any relevant market or violate antitrust laws.
Apple says delaying the ban will not harm Epic for the reasons listed above, and that the delay would be in the public interest, giving Apple time to study the effects of the ruling on the iOS ecosystem. Apple has previously said it hopes to resolve the issue to the extent that a court injunction on the issue is not necessary. Apple says steps taken to comply with the ban show “that the company is working in good faith to improve consumer access to information in a way that will preserve ecosystem integrity.”
Apple further stated that if the court is not willing to grant the residence in full, to allow temporary residence so that the Ninth District can hear Apple’s request.
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