Apple is appealing the Epic Games ruling it originally called a ‘resounding victory’

Apple has filed for an appeal of the ruling in its major trial against Epic. While Apple largely won that case (the company went so far as to call the ruling a “resounding victory”) with Judge Gonzalez Rogers ruling in favor of Apple in nine of the ten claims Epic brought against the company, it did lose on one important point: the judge found that Apple violated California’s anti-steering rules, and demanded that Apple let developers link to outside payment systems. That policy would have taken over in December, but it may be pushed out beyond that — and it seems that’s the point.

Apple is also asking for a stay to prevent the company from having to implement the new anti-steering rules, arguing that it “will allow Apple to protect consumers and safeguard its platform while the company works through the complex and rapidly evolving legal, technological, and economic issues,” and the company’s arguments there are pretty revealing if we’re reading the document right.

For instance, Apple claims that the new anti-steering rule is unnecessary because the company had already agreed to delete the offending section of its App Store Guidelines in the Cameron v. Apple settlement, but that’s news to us: at the time, Apple only agreed to “clarify” that app developers were allowed to communicate with consenting customers, not link to outside payment systems. Apple didn’t say anything about deleting a section of its App Store Guidelines entirely. Apple simply added the line “Developers can send communications outside of the app to their user base about purchasing methods other than in-app purchase.”

It’s important to note that Apple has only filed for appeal; we don’t know if the court will grant the appeal — and the stay— just yet. When the ruling originally hit in in September, Apple said at the time that it hadn’t decided whether to appeal.

We’re updating this post with other things we learn from the appeal request.


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