Back in September, Judge Yvonne Gonzalez Rogers finally announced her decision in the case of Apple vs. Epic Games. Judge Rogers ruled that Apple could no longer forbid developers from redirecting users to third-party payment systems, but Apple is now appealing that ruling — which could delay such changes by years.
The company sent a notice of appeal in the Epic Games case on Friday asking for a stay of the injunction that will let developers add other in-app payment systems besides Apple’s. If Apple succeeds in its request, the change in the App Store’s payment system may not take effect until the end of the case — which could take years as noted by CNBC.
The appeal will be heard by a judge in November, while the injunction ordering Apple to overturn any restrictions on developers regarding the in-app purchases system was scheduled to take effect from December 9, 2021.
Apple announced last month that developers will be able to redirect users to sign up for services outside the App Store. However, this change only applies to apps that offer subscription content for digital magazines, newspapers, books, audio, music, and video. Judge Rogers’ injunction states that this change must apply to all apps, not just those considered “Readers.”
Judge Rogers’ ruling reads:
Apple Inc. and its officers, agents, servants, employees, and any person in active concert or participation with them (“Apple”), are hereby permanently restrained and enjoined from prohibiting developers from (i) including in their apps and their metadata buttons, external links, or other calls to action that direct customers to purchasing mechanisms, in addition to In-App Purchasing and (ii) communicating with customers through points of contact obtained voluntarily from customers through account registration within the app.
Right now, developers need to pay Apple a 30% commission for every sale made through the App Store system. Epic Games sued Apple after attempting to circumvent the App Store’s in-app purchases system, which resulted in the popular game Fortnite being banned from Apple’s platforms.
Despite the permanent injunction, Judge Rogers also ruled that Apple will not be forced to let Epic Games bring back Fortnite to the App Store.
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