Apple files an appeal in the Epic Games lawsuit, requesting a delay of app store changes.

Apple has decided to appeal Judge Yvonne Gonzalez Rogers’ decision in the Epic Games vs. Apple litigation, which happened in September, and has filed a notice of appeal with the United States District Court for the Northern District of California.

The Cupertino firm intends to appeal the decision, which would force it to amend its App Store guidelines. It can enable developers to provide in-app connections to other websites paving the door for alternative payment methods that do not need developers to utilize the in-app purchase system. Apple has asked the court for a stay on the permanent order. That forces it to implement the modifications by December while the appeal is pending.

“Apple asks the Court to suspend the requirements of its injunction until the appeals filed by both Epic and Apple have been resolved. The company understands and respects the Court’s concerns regarding communications between developers and consumers. Apple is carefully working through many complex issues across a global landscape, seeking to enhance information flow while protecting both the efficient functioning of the App Store and the security and privacy of Apple’s customers. Striking the right balance may solve the Court’s concerns making the injunction (and perhaps even Apple’s appeal itself) unnecessary. A stay is warranted in these circumstances.”

Initial Judgment:

Rogers argued in the initial judgment that Apple’s anti-steering policies banning connections to third-party websites restrict customer choice. She also said that Apple couldn’t stop developers from putting buttons, external links, or other calls to action. It drives users to purchase mechanisms in their applications and metadata.

She granted Apple 90 days to apply the modifications at the time. But Apple has requested that any changes will be delayed until all of the appeals in the case are resolved. It may take years because Epic Games has also filed an appeal.

Making modifications to the App Store regulations, according to Apple, may upset the delicate balance between developers and customers established by the App Store, causing irreparable harm to Apple and its users. A delay will allow Apple to protect its platform as it works through the complex and quickly developing legal, technological, and economic concerns that any modifications to this Guideline would involve, according to the company.

Enhancing Information Flow:

Furthermore, Apple cited Epic Games’ failure to present the anti-steering allegation during the trial. And particular App Store regulation didn’t insure any proof as grounds for appeal. Apple believes that they will win on appeal and that a delay on the injunction will cause Epic no harm. Apple also stated that it is working on “enhancing information flow” without affecting consumers. That App Store improvements may be forthcoming, obviating the need for a permanent injunction entirely.

“Implementing the injunction on December 9 could have unintended downstream consequences for consumers and the platform as a whole. Apple is working hard to address these difficult issues in a changing world, enhancing information flow without compromising the consumer. A stay of the injunction would permit Apple to do so in a way that maintains the integrity of the ecosystem, and that could obviate the need for an injunction regarding steering.”

The permanent injunction will take effect on December 9, but if Apple prevails, there will not be any necessity to make any modifications at that time. On November 16, Rogers will hear Apple’s argument. You can read the whole text of Apple’s appeal here.

With the exception of the anti-steering injunction, the initial case was mostly in Apple’s favor, and Apple hailed it as a “resounding victory.” So, Epic Games has filed an appeal, and CEO Tim Sweeney has stated that the judge’s judgment isn’t a win for creators or customers.

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