Apple appealed the verdict in the Epic Games trial and asked the court to suspend the court injunction imposed on the company.
Apple filed a notice of appeal Friday, stating:
It is hereby informed that the accused Apple Inc. Appeals to the United States Court of Appeals for the ninth round of the final judgment and injunction of 10 September 2021 (Dkts. 813 and 816), as well as all judgments, orders, findings and conclusions leading to that judgment and order, including, but not limited to those set out in Rule 52 Order after Trial of the Merits (Dkt. 812).
On September 10, Judge Yvonne Gonzalez Rogers ruled in favor of Apple on nine of the ten counts in the case, but issued a ban that would prevent Apple from banning developers, including buttons and external links, by directing users to other ways to pay for digital goods.
Apple at the time welcomed the verdict because it stated that Apple did not have a monopoly on paying for iOS, but has now appealed the ban.
In addition to the notice of appeal, Apple has asked the court to suspend the injunction pending the resolution of the appeals in this case. Apple said it “understands and respects the Court’s concerns about developer-consumer communication” and is “working carefully to address many complex issues around the world, seeking to improve information flow while protecting the efficient operation of the App Store and the security and privacy of Apple users.” . “
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Apple hinted in the submission that it hopes that achieving the right balance will resolve the court’s concerns and make the ban itself unnecessary.
Apple says that during the trial, Epic barely mentioned the anti-management provisions against which the court ruled and that the company did not claim to have harmed them. The implementation of the ban is said to “upset the careful balance between developers and customers provided by the App Store, and would irreparably harm Apple and consumers.” Apple says it wants to stay to “protect consumers and protect its platform as the company operates through complex and rapidly evolving legal, technological and economic issues that would be affected by any revision of these Guidelines.”
There are many complexities in managing the global iOS ecosystem, with close to 200 storefronts, millions of developers, and billions of customers. As the Court has recognized, Apple operates in a dynamic environment, with the trial being a “snapshot” at one point in a “moving stream”. The implementation of the ban on December 9 could have unintended further consequences for consumers and the platform as a whole. Apple is working hard to address these difficult issues in a changing world, improving the flow of information without compromising the user experience. Lifting the ban would allow Apple to do so in a way that maintains the integrity of the ecosystem and that could eliminate the need for any management ban.
Going into the details of the ruling, Apple warned that “links and buttons for alternative payment mechanisms are fraught with risk” and that developers could try to take advantage of user confidence.
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