Apple appeals case against Epic Games, asks to delay App Store changes

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Epic Games v. Apple is just getting started
Apple vs. Epic Games drags on.
Photo: Apple/Epic Games

Apple has appealed the September ruling of its lengthy legal battle against Epic Games, despite spinning it as a significant win for the company. It has also asked to delay changes to the App Store while the appeal is ongoing.

Judge Yvonne Gonzalez Rogers ruled in Apple’s favor in nine out of ten counts against its App Store policies, but sided with Epic on one very important one: That third-party app-makers should be allowed to offer other payment systems.

Apple SVP and General Counsel Kate Adams said the company was “very pleased with the ruling” and called it “a huge win for Apple.” It seems, however, that maybe Cupertino wasn’t quite as pleased as it claimed.

Apple appeals outcome of Epic Games case

Apple on Friday filed an appeal against Judge Rogers’ decision with the United States District Court for the Northern District of California. It follows the appeal lodged by Epic Games, which also isn’t happy with the outcome of the case.

“Apple asks the Court to suspend the requirements of its injunction until the appeals filed by both Epic and Apple have been resolved,” reads Apple’s filing. The company also hinted that it is already working on some changes.

“Apple is carefully working through many complex issues across a global landscape, seeking to enhance information flow while protecting both the efficient functioning of the App Store and the security and privacy of Apple’s customers.

“Striking the right balance may solve the Court’s concerns making the injunction (and perhaps even Apple’s appeal itself) unnecessary. A stay is warranted in these circumstances.”

No App Store changes just yet

Judge Rogers originally gave Apple 90 days to make changes to the App Store, which would have paved the way for third-party developers to implement alternative payment systems that sidestepped the App Store.

But if Apple’s delay is agreed to, it could be years before the appeals are resolved and a final decision on App Store changes — which Apple argues “upset the careful balance between developers and customers” — is made.

Apple also argues that a stay will allow it to work through “the complex and rapidly evolving legal, technological, and economic issues” that would arise should the company be forced to change its App Store purchase policies.

“Implementing the injunction on December 9 could have unintended downstream consequences for consumers and the platform as a whole,” Apple added. “Apple is working hard to address these difficult issues in a changing world, enhancing information flow without compromising the consumer.”

Judge Rogers is expected to hear Apple’s case on November 16.

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