Apple says this updated order crosses a legal line. In its latest filing, the company claims that the court is using contempt powers to impose new restrictions that go beyond what was in the original decision.
Apple also defended its 27% commission on purchases made through external links. It argued that while a court might find that rate too high, it doesn’t justify removing commissions entirely. Apple said in the brief:
The district court’s new prohibition against any commission on sales facilitated by Apple’s own platform has no basis in the original injunction, is fundamentally unfair, violates the UCL, and amounts to a taking in violation of the U.S. Constitution…There is a vast gulf between finding that Apple’s 27% headline commission was too high and declaring that Apple is no longer allowed to charge any commission at all.
— Apple
In total, Apple is asking the appeals court to cancel the new injunction, reverse the contempt finding, and strike down five extra rules related to how developers can guide users to third-party payment systems. These include limits on button styles, template disclosures, and link placement.
Apple is also requesting that if the case returns to district court, it be assigned to a new judge. The company says this would help preserve the appearance of fairness, since the current judge may have difficulty setting aside past opinions.
In a statement to Law360, Apple said:
Apple has spent decades earning users’ trust in the security, privacy, and innovative technology that the App Store provides, and we’re deeply concerned that this injunction now prevents Apple from continuing to protect our users in important ways. We’re appealing this order to ensure that the App Store remains an incredible opportunity for developers and a safe and trusted experience for everyone.
— Apple
Epic declined to comment on the matter at this time. Whether Apple can persuade the courts to side with them remains to be seen, but it looks like we have yet to see the conclusion of this ongoing battle. One thing is for sure, Apple is not letting up on this fight or the extra revenue it gets from in-app payments.
