Apple has successfully obtained a stay of an injunction that would have required the company to make comprehensive changes to the App Store by December 9. This means that Apple can continue to require developers to use its in-app purchasing system for the time being.
The judge in the ongoing Epic v. Apple legal case had ordered Apple to allow developers to offer their customers alternatives to in-app purchases in their apps. She gave the Cupertino-based company until December 9th to implement the changes. Apple requested a stay, but the judge denied it. After this rejection, Apple took its request to the Ninth Circuit Court of Appeals. The Court of Appeals granted the stay and explainedApple has demonstrated that its appeal raises “serious questions” about the decision in the original case.
Apple can operate the App Store as usual for the time being
At a minimum, Apple has demonstrated that its appeal raises serious questions about the merits of the district court's finding that Epic Games, Inc. failed to establish that Apple's conduct violated antitrust laws, but did establish that the same conduct violated California's unfair competition law. Therefore, we grant Apple's motion to stay paragraph (1) of part (i) of the permanent injunction. The stay will remain in effect until the mandate is granted on this appeal.
The court has stayed enforcement of the injunction until it is able to fully hear the case, which could take several months. While the court considers Apple's appeal, Apple can operate the App Store as before. In the original ruling, Judge Yvonne Gonzalez-Rogers said Apple is prohibited from preventing developers from "incorporating into their apps and their metadata buttons, external links or other calls to action that direct customers to purchasing mechanisms," paving the way for alternative payment options that do not rely on Apple's in-app purchasing system. Apple has argued that the proposed App Store changes "could disrupt the careful balance between developers and customers that the App Store provides," causing irreparable harm to Apple and consumers.
Court proceedings will continue for months
In addition, Apple has also clarified that the company needs more time to resolve "the complex and rapidly evolving legal, technological and economic issues" that the requested changes would entail. If the appeals court ultimately rules in Apple's favor after reviewing the case, the injunction could be lifted permanently. Apple's victory today means that we will have to wait a few more months for the court case to conclude before any changes are made to the App Store. For Fortnite, however, there is no clear path for the app to return to the App Store. In fact, it looks like it will never be available on Apple's platform again. (Photo by zeatrue / Bigstockphoto)
