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Apple elected to appeal Judge Yvonne Gonzalez Rogers’ ruling in the Epic Games lawsuit against Apple in September, and today filed a notice of appeal with the United States District Court for the North District. from California.
The Cupertino-based company plans to appeal the ruling that would require it to change its App Store rules to allow developers to add in-app links to external websites, which would pave the way for d ‘other payment options that do not require developers to use the -App purchasing system. While the appeal is pending, Apple has asked the court to suspend the permanent injunction that requires it to implement these changes by December.
Apple is asking the court to stay the requirements of its injunction until the appeals filed by Epic and Apple have been resolved. The company understands and respects the Court’s concerns about communications between developers and consumers. Apple works carefully on many complex issues in a global landscape, seeking to improve the flow of information while protecting both the efficient operation of the App Store and the security and privacy of Apple customers. Striking the right balance may resolve the Court’s concerns by rendering the injunction (and perhaps even Apple’s own appeal) unnecessary. A suspension is justified in these circumstances.
In the original ruling, Rogers said Apple’s anti-management rules prohibiting links to external websites illegally stifle consumer choice. It banned Apple from prohibiting developers from including “in their applications 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 update the App Store rules until all appeals in the case are completed. , 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 prudent balance between developers and customers provided by the App Store”, causing irreparable harm to Apple and consumers. Apple said a suspension would allow it to protect its platform while it resolves “the complex and rapidly evolving legal, technological and economic issues that any revision of this directive would involve.”
Further, as a ground of appeal, Apple said that “Epic Games” barely mentioned the anti-leadership claim during the lawsuit and provided no evidence that it was harmed by this particular rule of law. ‘”App Store”. Apple says it is likely to be successful on appeal and that Epic will not suffer any prejudice if the injunction is stayed. Apple also said it was working on “improving the flow of information” without impacting the consumer, and that “App Store” changes may be coming that would eliminate the need for a permanent injunction at all.
The implementation of the injunction on December 9 could have unintended downstream consequences for consumers and the platform as a whole. Apple is working hard to solve these difficult problems in a changing world, improving the flow of information without compromising the consumer. A stay of the injunction would allow Apple to do so in a way that preserves the integrity of the ecosystem, and that could avoid the need for any directional injunction.
The permanent injunction is currently expected to take effect on December 9, but if Apple wins, it won’t have to make any changes then. Rogers is due to hear from Apple on November 16. The full text of Apple’s appeal can be read here.
The initial lawsuit was largely in Apple’s favor, with the exception of the anti-management injunction, with Apple calling it a “resounding victory.” Epic Games appealed the decision and Epic Games CEO Tim Sweeney said the judge’s ruling “is not a victory for developers or for consumers.”
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