2023-07-18 11:30:00
Because of its request to take the fight with Epic Games to the Supreme Court of the United States, the Apple gained extra time that will allow it to delay the implementation of new guidelines that would allow developers to add links and instructions for external purchases in apps published on the App Store.
As reported by The VergeApple received last Monday a withholding petition [PDF] which suspends for 90 days the injunction that obliges it to implement the changes. In practice, Apple will be able to maintain its current guidelines until the superior court decides whether or not to take up the case – and, if the response to the demonstration is positive, this deadline will be extended until the imbroglio is resolved.
There is, however, no indication that the Supreme Court will overturn Judge Yvonne Gonzalez Rogers’ decision — ratified by the Ninth Circuit Court of Appeals. The judge who determined the suspension of the injunction, even having taken a decision apparently favorable to Maçã, claimed that the company’s arguments ignore the main factual conclusions of the court and “cannot withstand even the slightest scrutiny”.
It may be that even Apple does not believe it will win in this fight. The appeal to the Supreme Court, therefore, would only be the use of one more legal mechanism to postpone the implementation of the changes. The company has managed to maintain its current app guidelines so far thanks to successive appeals to the appeals court, but had to appeal to the highest level of US jurisdiction after exhausting its alternatives in the lower court.
Who didn’t like this new twist in the case, obviously, was Epic. the CEOChief executive officeror executive director.”>1 of the company, Tim Sweeney, was against the judicial decision and stated (on Twitter) that justice is, “again”, delayed.
Sadly, Apple’s anti-steering rules – which both the District Court and the 9th Circuit Court found to be illegal – will remain in place, as the 9th Court Court stayed the injunction that puts an end to the practice. Justice delayed, again. https://t.co/I044RIMF9c
— Tim Sweeney (@TimSweeneyEpic) July 17, 2023
Unfortunately, Apple’s anti-driving rules — which both the District Court and the 9th Circuit Court found illegal — will remain in effect as the 9th Circuit Court lifted the injunction ending the practice. Justice delayed, again.
Wait for the next chapters…
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