Apple appeals court of appeal order regarding third-party payments through app • The Register

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Apple has appealed a judge’s ruling forcing the company to allow developers to add external third-party payment systems to their iOS apps by December 9.

The iGiant is still in a legal battle with game maker Epic in a pending case in Northern California District Court. Although Judge Yvonne Gonzalez Rogers found Apple was not a monopoly, she agreed that its in-app purchase fees, which allow the company to cut sales by up to 30%, were anti-competitive.

App developers, like Epic, believe these fees can be avoided if only they could offer customers alternative payment options. Rogers ordered an injunction granting Apple 90 days to allow developers to add links or buttons in their applications directing users to third-party purchasing systems. Apple attempted to request an extension while it prepared an appeal, but Rogers denied the request. Now Apple has taken its claim to the Ninth Circuit Court of Appeals.

“Given the injunction’s effective date of December 9, Apple is requesting the immediate entry of an administrative stay that would expire 30 days after the court ruling on the stay motion,” documents show judicial. [PDF] filed this week. “In the absence of a suspension, however, the App Store will have to be reconfigured, to the detriment of consumers, developers and Apple itself.”

Trystan Kosmynka, senior director of app evaluation at Apple, previously claimed that opening the App Store to external payment systems would result in “low user confidence in … digital content purchases”, and that would mean they would be “less inclined to shop.”

Even if Apple was forced to comply with the original injunction, that doesn’t necessarily mean developers can avoid paying in-app fees. The company could simply change its App Store guidelines to achieve a reduction in purchases even if they are processed through external payment systems.

“If the injunction were to come into effect, Apple could charge a commission on purchases made through such mechanisms… Apple would have to create a system and a process to do this; but because Apple could not recover these expenses (of time and resources) from Epic even after winning the appeal, the injunction would impose irreparable harm, ”he warned in his appeal. .

Time is running out and Apple has asked the judges of the Ninth Circuit Court of Appeals to respond by December 8, a day before the injunction goes into effect.

The register asked Apple and the Coalition of App Fairness, an Epic-backed nonprofit fighting against in-app payments, for further comment. ®


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