In its appeal, Apple said U.S. District Judge Yvonne Gonzalez Rogers’s ruling that it was violating California’s unfair-competition law should be overturned because she had already found the company’s App Store’s in-app payment system was competitive.
Tim Higgins for The Wall Street Journal:
It is the Cupertino, Calif., company’s first full-throated filing laying out its argument in the appeals fight over its high-profile legal battle with “Fortnite” maker Epic Games Inc.
Apple’s filing Thursday with the Ninth U.S. Circuit Court of Appeals comes weeks after Epic gave its own reasons for its appeal in the case that mostly swung in Apple’s favor. U.S. District Judge Yvonne Gonzalez Rogers had previously ruled against nine of Epic’s 10 claims. A hearing before the appeals court is expected later this year, with a decision unlikely for several months afterward.
Apple said the earliest it expects a decision is the summer of 2023. Meanwhile, it has already won a reprieve from the appeals court in rolling out changes to the App Store ordered by Judge Gonzalez Rogers… She had instructed Apple to allow developers to communicate with users inside of their apps about alternative payment methods outside of Apple’s App Store.
MacDailyNews Take: Rodgers wants to bar Apple’s App Store from prohibiting developers from providing links or other communications about alternative payment methods.
You know, because Best Buy and Target are forced by a judge’s injunction to place signs next to each product that advertise lower prices for the same items at Walmart.
Oh, wait, they aren’t forced to do that by some ditzy judge. Because it’s ludicrous, illogical, and just plan wrong.
If developers like Epic Games want to advertise lower prices using Apple’s App Store, Apple should simply release the In-App Advertising API and charge an in-store advertising fee on any app that advertises lower prices outside the App Store. We suggest Apple’s rate be 15% for developers making under $1 million per year and 30% for those making $1 million or more annually. 😉
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“She had instructed Apple to allow developers to communicate with users inside of their apps about alternative payment methods outside of Apple’s App Store.”
Once more MDN continues to lack reading comprehension and equates the judges order to signs ‘outside’ next to the product at Best Buy or Target, when anyone can clearly see her statement is analogous to the paper ads found inside the box with the product.