As promised, Apple has now filed its appeal to the recent court ruling that required it to open up its App Store to external payment mechanisms.
Last week, Judge Yvonne Gonzalez Rogers took the tech giant to task for defying the court’s orders in its battle with Fortnite maker Epic Games by not freely allowing apps to link to alternative payment options outside its U.S. App Store.
Apple thought it had followed the letter of the law by allowing app developers to request an entitlement (an exception to its App Store rules), while also requiring a 27% commission on purchases made outside its App Store. It also required the use of “scare screens,” or full-screen pop-up messages warning consumers of the dangers of making in-app purchases from the app developer’s own website.
In her ruling, Rogers reminded Apple that “this is an injunction, not a negotiation,” while calling out Apple for attempting to route around the court’s order with its excessive requirements and rules. In addition, the court accused Apple VP of Finance Alex Roman of lying under oath and referred the matter to a U.S. Attorney’s office to determine if criminal contempt proceedings were now needed.
Following the judge’s decision, Apple immediately complied with the ruling, changing its App Store rules for U.S. developers and accepting app updates, like Spotify’s, which referenced other means of making in-app purchases. However, Apple also said it strongly disagreed with the court’s decision and noted it would appeal.
That notice of appeal was filed by Apple on Monday, according to court documents, indicating that Apple’s threat to fight the ruling stands firm.
As the appeals process plays out, Apple will continue to comply with the court’s decision.
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However, if Apple knows this battle is lost, it may come up with another way to entice developers to continue to use its own in-app purchases mechanism.
For example, Apple could announce a discounted commission at its upcoming Worldwide Developer Conference in June for all developers, instead of only those in its Small Business Program.