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Apple Files Appeal to Epic Games Case to Delay App Store Changes

Developers might not be able to use alternative payment solutions for years.

By Nathaniel Mott
October 9, 2021
(Fabian Sommer/picture alliance via Getty Images)

Apple has filed an appeal in the Epic Games case it previously heralded as a victory in a bid to prevent—or at least delay—the introduction of alternative payment methods to the App Store.

US District Judge Yvonne Gonzalez Rogers ruled on Sept. 10 that Apple had violated California's Unfair Competition Law by preventing developers from linking to third-party payment solutions in their apps. Judge Rogers ordered an injunction that "permanently restricted and enjoined" the company from prohibiting in-app links to payment services that aren't built into the App Store.

This injunction, which is set to go into effect 90 days from the Sept. 10 ruling, would finally give iOS app developers a straightforward way to accept payments without giving Apple between 15% and 30% of their revenues. But CNBC reported on Oct. 8 that Apple requested a stay on the injunction that could stop it from taking effect until all of the appeals in this case are finished.

That could take years. Apple has more money than many countries; Epic Games brought in over $9 billion in revenue from Fortnite alone in 2018 and 2019. This case has significant implications for the policies governing the App Store and, consequently, Fortnite's access to the platform. Both companies have the resources and motivation to continually appeal this case.

None of that is idle speculation, because both companies have already demonstrated their willingness to keep this legal battle going. Epic Games said it would appeal Judge Rogers' ruling the day it was issued. Apple filed a notice of appeal alongside the requested stay on this injunction—which Epic Games CEO Tim Sweeney acknowledged in spectacular fashion:

CNBC reports that a judge will decide on Apple's request for a stay on this injunction in November. In the meantime, iOS developers will be left wondering if the one change resulting from this case will be implemented, and how that might affect their ability to monetize their apps moving forward. The Sept. 10 ruling wasn't the end of this fight; it was just the start.

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About Nathaniel Mott

Contributing Writer

I've been writing about tech, including everything from privacy and security to consumer electronics and startups, since 2011 for a variety of publications.

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