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  7. Cause Epic Games-Apple: by December 9, the ok to external payments to the App Store will have to arrive

Cause Epic Games-Apple: by December 9, the ok to external payments to the App Store will have to arrive



Cause Epic Games-Apple: by December 9, the ok to external payments to the App Store will have to arrive


Important step in the legal challenge between Epic Games and Apple. Judge Yvonne Gonzalez Rogers rejected the request for suspension of the count injunctionborn in the sentence of 10 September last.

And so the Cupertino-based company has until 9 December to allow its users to make payments even outside the App Store.

The rejected motion is to date the last chapter of a process that has caused uproar above all for its symbolic value. So let’s see in more detail what the judge’s decision means, and what were the reactions of the subjects involved.

Let’s then retrace the main points of the Epic Games-Apple process, which sees the two big companies opposing each other since August 2020.

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Cause Epic Games-Apple: yes to payments outside the App Store

The suspension request made by Tim Cook’s company was therefore rejected, and Apple will have to allow its users to make payments even outside the App Store.

And he will have to do it by 9 December (that is, he will have 90 days from the sentence of 10 September last).

This, in practice, will lead to the implementation of icons and links that allow access to external platforms. On which users will be able to pay subscriptions or single purchases of an app, bypassing the mediation of Apple itself.

The consequences of the sentence

Confirmation of Judge Yvonne Gonzalez Rogers’ decision will require the rewriting of paragraph 3.1.1. of the App Store policy, relating to payments.

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But It is not yet clear whether Apple will give up a much more important privilege: that of 30% of the commissions on in-app purchases. Even if, one might say, a possible maintenance of this percentage would give rise to a substantially null change in fact.

Apple’s reaction

Thus reads the new ruling with which Yvonne Gonzalez Rogers rejected the request for suspension of the injunction: “Apple’s motion is based on a selective reading of the results of this court and ignores all the results that supported the injunction”.

The Cupertino company, which must change the structure of the App Store by December 9th, is asking for more time. Mark Perry, one of Apple’s attorneys, said: “This will be the first time Apple will allow links in a digital content app. It will take months to understand engineering, economic, commercial and other issues. Rules and guidelines must be devised to protect children, to protect developers, to protect consumers, to protect Apple. And they must be written in guidelines that can be explained and applied. “

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But tight deadlines are not the only problem highlighted by Apple’s lawyers in the trial against Epic Games. Perry continues: “We believe these changes, if Apple is forced to implement them, will disrupt the platform and harm consumers. They will also harm the developers. This is a fact. It’s about to happen ”.

The statements of the lawyers of Epic Games

The dry statement by the lawyers of Epic Games testifies how, from the beginning of this trial-challenge, the idea of ​​the video game developer company is to wage war on the monopolistic tendencies of the Cupertino giant. The lawyer Gary Bornstein has in fact limited himself to saying: “Apple does nothing unless it is forced to do so”.

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Apple itself has announced that it will make an identical request to the Court of Appeal for the Ninth Circuit, a federal court with an appeal function.

Epic Games-Apple: at the origins of the clash

The sparks between Epic Games and Apple began in August 2020. When the North Carolina company that develops video games decides to ignore the obligation to purchase through the App Store. Create an external link to buy the very successful Fortnite video game, thus cutting the aforementioned 30% of commissions.

Apple’s reaction against Epic Games? Fortnite app is blocked on all devices.

Counter-reaction from Epic? Apple taken to court.

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The process that pleases (discontents) everyone

The process begins several months later, exactly on May 3rd. And the sentence of the fifty-six-year-old Yvonne Gonzalez Rogers, which arrives only on 10 September, basically displeases everyone.

On the one hand, Epic Games was forced to pay $ 3.5 million for the breach of contract with Apple.

Which in turn saw the issue of a permanent injunction, enforceable 90 days after the sentence, therefore on December 9th.

Apple will no longer be able to “prohibit developers from including buttons, external links, or other calls to action in their apps and metadata that direct customers to purchasing mechanisms, in addition to In-App purchases. And to communicate with customers through contact points obtained voluntarily by customers by registering the account within the app “.