An appeals court granted Apple’s request to remain in its Apple Store with the changes required by the Epic Games v Apple ruling. Because this stay, Apple may continue with its IAP system as the sole source of in-app payment on iOS.
This is in contrast to the previous district court ruling that the exclusive agreement was illegal. Due to this suspension, it could take months for the appeals court to hear the case in its entirety, which means that consumers will not see third-party app payments on iOS for now.
In the original ruling, Judge Yvonne Gonzalez Rogers wanted Apple to adjust its App Store guidelines to allow developers to use third-party payment options. Apple had a December 9 deadline to allow developers to allow customers to make digital purchases outside of the App Store. With stay in place, changes will not move forward until the appeal is resolved.
“Apple has shown, at the very least, that its appeal raises serious questions about the merits of the district court’s determination,” the ruling reads. “Therefore, we accept Apple’s motion to suspend part (i) of paragraph (1) of the permanent injunction. The suspension will remain in effect until the mandate is issued on this appeal. “
The ruling continued: “Therefore, we grant Apple’s motion to suspend part (i) of paragraph (1) of the permanent injunction. The suspension will remain in effect until the mandate is issued on this appeal. “
As pointed out The edge, the suspension does not extend to the second part of the court order that deals with user communications outside of iOS. The court ordered Apple to allow “communication with customers through points of contact voluntarily obtained from customers through in-app account registration.”
Apple doesn’t want to change its current policy because of what it says are privacy and security risks that could arise from allowing customers to use third-party payments.
In a statement to Tom’s Guide attributable to Apple, the company says:
“We are constantly evolving the App Store to help create an even better experience for our users and the incredibly talented community of iOS developers. Our concern is that these changes would have created new privacy and security risks, and altered the user experience that customers love. on the App Store. We want to thank the court for granting this suspension while the appeals process continues. “
Apple’s concerns are not without merit, and it makes sense that it wants to protect its customers from the potential risks involved by allowing third-party payment options. Additionally, Apple touts itself as a major privacy advocate in the mobile phone space. However, this limits users to paying via iOS rather than the third-party systems themselves.
It means that Apple will always be able to take a share of the App Store sales indefinitely and, given the size and scope of its market, it could account for monopolistic behavior, at least according to Epic and not according to Judge González Rogers. However, this suspension could simply be a pardon, as Apple will still have to comply with the original order if it loses the appeal.