Apple has filed a new appeal with the U.S. Court of Appeals for the Ninth Circuit in its ongoing legal battle with Epic Games, challenging a recent ruling that prevented commissions from being collected from payment methods outside of the App Store. The company called the ruling “overstepping legal bounds and unfair.” Apple is also requesting that a different judge be assigned if the case is retried.
In an April ruling, U.S. District Judge Yvonne Gonzalez Rogers charged Apple with civil disobedience, saying it had failed to comply with a 2021 court order that had forced Apple to allow developers to redirect to third-party payment systems within its apps.
The judge issued a new ruling that included more comprehensive and binding rules, stating that Apple could not receive any commissions from sales made through external links, and added additional restrictions on how developers could redirect to external payment methods.
Apple argued in its appeal that the ruling exceeded the limits of the original ruling. The company argued that the court had imposed new and expanded obligations using its “civil disobedience” powers.
In particular, while acknowledging that the 27% commission rate for sales referred through Apple’s platform may be considered high, it argued that removing it entirely would be unconstitutional. The company stated in its petition to the court:
“Prohibiting Apple from taking any commission from sales referred through its platform is unfounded, unjust, and a usurpation of property under the U.S. Constitution. Apple’s 27% commission may be considered high, but it does not justify completely cutting Apple off from commission.”
In its filing, Apple is requesting that the new court ruling be overturned, the civil disobedience finding be withdrawn, and five additional rules affecting how developers are directed to third-party payment systems be repealed. These rules include technical details such as link placement, button design, and description templates.
Apple is also requesting that the case be reassigned to another judge if the case returns to the lower court. The company explained the reasoning for this request as concerns that the current judge may not be able to make an independent assessment from previous decisions.
In a statement to Law360, Apple stated that the trust that the App Store has built over the years in terms of user security, privacy and technological innovation must be protected. The company announced that the appeal was filed for this reason, claiming that the latest decision could shake that trust.
Epic Games did not comment on the matter. While it remains unclear how the case will end, it is clear that Apple is continuing its legal fight to protect its revenue model on the App Store.
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