Apple has decided to appeal the verdict of Judge Yvonne Gonzalez Rogers in the Epic Games lawsuit against Apple in September, and today it filed a notice of appeal with the United States District Court for the Northern District of California.
The Cupertino-based company plans to appeal a ruling that would require it to change the App Store’s rules to allow developers to add in-app links to external websites, paving the way for alternative payment options that don’t require developers to use the app-purchase system. . While the appeal is ongoing, Apple has asked the court to postpone the permanent ban requiring it to implement those changes until December.
Apple is asking the court to suspend the restraining order until the appeals filed by both Epic and Apple are resolved. The company understands and respects the Court’s concerns regarding communication between developers and consumers. Apple is carefully working to address many complex issues around the world, striving to improve the flow of information while protecting the efficient operation of the App Store and the security and privacy of Apple users. Achieving the right balance can address the Court’s concerns by making the ban (and perhaps even Apple’s appeal itself) unnecessary. In such circumstances, the stay is justified.
In the original verdict, Rogers said Apple’s anti-governance rules, which prohibit connecting to external websites, illegally stifle consumer choice. It has banned Apple from restricting developers from including “in their apps and metadata buttons, external links or other calls to action that direct users to purchase mechanisms.”
At the time, it gave Apple 90 days to implement these changes, but Apple is asking to wait to update the App Store rules until all complaints in this case are completed, which could take years as Epic Games has also filed a complaint. .
According to Apple, changes to the “App Store” rules could “upset the careful balance between developers and customers provided by the” App Store “, which would lead to irreparable damage to Apple and consumers. Apple says the stay will allow it to protect its platform as it works through “complex and rapidly evolving legal, technological and economic issues that would be affected by any revision of these Guidelines.”
Furthermore, as a basis for the appeal, Apple said that “Epic Games” barely mentioned the lawsuit against the management during the trial, and did not offer any evidence that it was damaged by that special “App Store” rule. Apple claims that it will probably succeed in the appeal procedure, and that Epic will not suffer any damage due to the retention of the ban. Apple also said it was working to “improve the flow of information” without affecting the consumer, and that there could be changes to the “App Store” that would eliminate the need for permanent bans altogether.
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 consumers. 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.
The permanent ban should currently take effect on December 9, but if Apple wins, then it won’t have to make changes. Rogers will consider Apple’s case on November 16. You can read the full text of Apple’s complaint here.
The original lawsuit went largely in Apple’s favor, with the exception of the driving ban, with Apple calling it a “huge win.” “Epic Games” appealed the verdict, and Epic Games CEO Tim Sweeney said the referee’s decision “is not a win for developers or consumers”.
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