Apple claims ‘serious and irreparable harm’ in emergency motion over App Store ruling
Apple has filed an emergency motion, in which it claims “serious and irreparable harm,” as it looks to temporarily fend off changes to the U.S. App Store that were ordered by a district court judge in its antitrust suit with Epic Games.
Judge Yvonne Gonzalez Rogers of the Northern District of California issued an injunction in 2021 requiring Apple to allow app makers to steer users to in-app payment methods not controlled by the company. Apple responded by trying to collect a fee from these transactions—27% instead of its usual 30% take—and putting up what she called “scare” screens to discourage users from availing themselves of other options.
In a blistering ruling a week ago, Gonzalez Rogers accused Apple of deliberately violating her injunction, and even said that an Apple executive lied under oath during the trial, referring the matter to the Department of Justice for possible criminal contempt charges.
Apple said in response to last week’s ruling that it would comply with the injunction, but also would appeal Gonzalez Rogers’ ruling at the U.S. Court of Appeals for the Ninth Circuit. It requested a stay of Gonzalez Rogers’ order late Wednesday. In its motion, Apple argues that the injunction “fundamentally changes Apple’s business and creates destabilizing effects for hundreds of millions of consumers.”
The company said that the restrictions, which it said would cost it substantial amounts of money, are based on conduct that has never been adjudicated. “Without a stay of the challenged prohibitions, Apple will suffer serious and irreparable harm,” it said.
MacDailyNews Take: It’s ludicrous that Gonzalez Rogers expected Apple to provide a service that she ordered for free!. Gonzalez Rogers ordered Apple to allow developers to advertise lower prices elsewhere within Apple’s App Store. It is Apple’s App Store. Despite what Epic Games wishes and misrepresents, the App Store is not a public utility. Apple built it. Apple maintains it. Apple owns it, not Epic Games or some ditzy U.S. District Judge. Advertising within Apple’s App Store has value, a fee for which its owner has every right to charge, regardless of whatever the blank-eyed Gonzalez Rogers, bless her heart, expected.
In communist China, the CCP can set prices for Chinese companies. You’re in the wrong country, Yvonne.
Apple is right to appeal this travesty all the way to the United States Supreme Court, if need be.
Rodgers says that Apple will no longer be allowed to prohibit developers from providing links or other communications that direct users away from Apple in-app purchasing.
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.
Apple should appeal Roger’s injunction and/or if developers like Epic Games want to advertise lower prices using Apple’s App Store, Apple should simply charge an in-store advertising fee. We suggest it be 15% for developers making under $1 million per year and 30% for those making $1 million or more annually. – MacDailyNews, September 10, 2021
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