Apple on Friday appealed the ruling in the Apple v. Epic Games case in what appears to be a bid to delay having to make the positive changes for app developers that the ruling requires.
“Apple asks the Court to suspend the requirements of its injunction until the appeals filed by both Epic and Apple have been resolved,” the Apple appeal reads. “The company understands and respects the Court’s concerns regarding communications between developers and consumers. 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.”
This requirement—that Apple allow developers to communicate with their own customers, something most would describe as “common sense”—is why I described the split ruling in this case as a big win for Epic. But Epic certainly didn’t see it that way, and Judge Yvonne Gonzalez-Rogers indicated to the firm that if it had just provided more evidence, perhaps Apple would be labeled as a monopolist and be forced to even more stringent behavioral changes and other oversights. And so Epic, too, has appealed.
Apple originally described the verdict as a “resounding victory,” so it may seem confusing that it would appeal that verdict until you understand the intent: If Apple didn’t do so, it would be forced to allow developers to communicate with their own customers before Epic’s appeal winds its way through the slow-moving court system. Instead, it is bald-facedly hoping to prevent that from happening while both appeals are considered, allowing it to continue its illegal business practices in the meantime.