Update: Apple has responded to the ruling with a statement provided to 9to5Mac, saying it “strongly disagrees” with the court’s opinion. You can find the full statement below.
Apple has just taken yet another hit in its ongoing legal standoff with Epic Games. As reported by Reuters, the U.S. 9th Circuit Court of Appeals rejected Apple’s emergency request to pause key parts of a lower court order that forces the company to immediately open its App Store to greater competition.
It never ends
Apple had asked the appeals court to halt enforcement of a recent ruling by U.S. District Judge Yvonne Gonzalez Rogers, who found Apple in contempt this April for effectively dodging her original injunction. Convoluted, right? Exactly.
The judge observed several violations, including Apple’s imposition of a 27% fee on out-of-app transactions and overall attempts to continue making it unappealing for developers to direct users to external payment options.
Top comment by Think Different
Apple needs some new leadership. By now it should be very clear to everyone that the iPhone is going to end up with third party app stores, third party development tools and third party apps that users decide if they want not Apple. This is where a real leader would stop reacting and get ahead of the game. Sure, Apple's original plan of total control is now in tatters but that also means new opportunities for the company. Realize that some really innovative new apps will start to appear on iOS and see what new markets this opens up for Apple. Not just for iPhone but for new products as well. Knock down those walls and open up iOS to some new ideas. My wife said recently that she still misses the little pet she kept on the home screen of her first tablet computer. It made me realize again how much has been lost due to Apple's refusal to acknowledge that users know best how they can use their devices.
As Reuters noted:
“In its emergency appeal, Apple said the ruling blocked the company from ‘exercising control over core aspects of its business operations’ and forced it to give away free access to its services.”
In rejecting Apple’s motion, the court is letting those new compliance requirements stand while the company appeals the decision. Apple had hoped to halt the enforcement until the decision was final, which would grant the company the right to roll back the changes it was recently compelled to implement.
Apple’s next move? All signs point to continuing the appeals process. But for now, developers are free to enjoy fewer Apple-imposed barriers. We have asked Apple for a statement on today’s decision, and will update this post if we hear back.
Update: in a statement provided to 9to5Mac, an Apple spokesperson said:
“We are disappointed with the decision not to stay the district court’s order, and we’ll continue to argue our case during the appeals process. As we’ve said before, we strongly disagree with the district court’s opinion. Our goal is to ensure the App Store remains an incredible opportunity for developers and a safe and trusted experience for our users.”
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