Apple asks court to stay part of the Epic Games lawsuit injunction
Apple has told the court it is complying with one part of an injunction it received following the Epic Games App Store trial, as the company attempts to delay implementing other elements of the ruling.
Following the September ruling by U.S. District Court Judge Yvonne Gonzalez Rogers in the Epic-Apple lawsuit, Apple appealed and asked for a stay on the injunction in early October. In a new filing to the court, Apple says it's done some of what the court asked, but still wants the rest of it put on hold.
These changes have included updating the anti-steering provisions in its developer guidelines, providing more flexibility in contacting users and in advertising to users of alternative payment methods. However, Apple has yet to change rules relating to external linking or metadata buttons for external payment mechanisms.
The Friday court filing seen by iMore mentions that Apple has complied with part of the injunction, and reiterated it has already appealed to stay the remainder of the injunction. According to Apple, "the immediate implementation of that aspect of the injunction would upset the integrity of the iOS ecosystem."
Apple reckons that since the court said that Apple's requirements for making users use in-app purchases for selling digital content was OK, eliminating restrictions on in-app messaging would effectively work against it. Removing the limits would "force Apple to make its intellectual property available without compensation, and lessen the security and privacy afforded to customers."
It is further claimed that the injunction wouldn't make it through a review, since Epic Games doesn't have any standing to secure or enforce an injunction due to a lack of a developer account and no products in the App Store.
As a stay would not theoretically harm Epic due to a lack of an account, Apple believes a stay in the remaining injunction elements should be in the public interest. What Apple has done to its developer rules show "that the company is working in good faith to improve consumers' access to information in a way that will preserve the integrity of the ecosystem."
If the court is unwilling to grant a full stay, Apple insists a temporary stay be implemented instead, at least while the Ninth Circuit can hear Apple's appeal.
On October 23, Epic opposed Apple's earlier appeal, saying such a stay shouldn't be allowed as Apple doesn't meet the legal standard of demonstrating it faces irreparable harm in compliance. Epic's claims include Apple's comments post-trial saying the ruling was positive in nature, as well as Apple's delay in filing a request to stay the injunction.
A hearing to discuss Apple's appeal, and other matters, is set to occur on November 9. The company has until December 9 to implement the full injunction.