Apple can delay changes to App Store rules, appeals court says

I was going to write this up after Windows Weekly, but we’re running late, so…

The New York Times reports:

A federal appeals court delivered a last-minute reprieve to Apple on Wednesday, agreeing to the company’s request to delay a legal order requiring it to make policy changes to its App Store that could help app developers circumvent what they say are unfair fees.

If the appeals court had not ruled, Apple on Thursday would have had to start allowing companies to include links within their apps directing customers to outside websites where they can pay for those companies’ services or subscriptions. That would have prevented Apple from taking a cut of up to 30 percent on those transactions.

The order was initially made in September as part of the verdict in a yearlong court case between Apple and Epic Games, the creator of the popular video game Fortnite. Epic sued Apple, accusing it of engaging in anticompetitive behavior that harmed developers and consumers through its fees and strict App Store rules.

In a brief document, three judges on the U.S. Court of Appeals for the Ninth Circuit wrote that Apple could wait to make any changes until the appeals process for the Epic lawsuit concluded, which could take more than a year.

The ruling adds another wrinkle in a lengthy legal battle over whether app developers have the right to inform their customers about ways to pay for their services outside the App Store.

Conversation 2 comments

  • bkkcanuck

    08 December, 2021 - 11:16 pm

    <p>Delay is reasonable, 5 years is too long to implement, a month or months is to quick to implement. I would have cut the baby if I were the judge and called it 18 months – during which the appeals could go forward (but if there is an effort to delay the appeal and draw it out, the judgement would be implemented in the interim.</p>

  • bkkcanuck

    08 December, 2021 - 11:19 pm

    <p>+ During the 18 months of delay to appeal, there should be an expectation stated that Apple must continue to work on implementing the required systems if they lose the appeal so they are ready and do not require another delay.</p>

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