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Headline: Apple Digs In: Appeals Court Asked to Reconsider Epic Games Ruling, Citing ‘Indefensible’ Overreach
By Lisa Park
The long-running legal battle between Apple adn Epic Games has taken another sharp turn. Apple, not backing down, has just filed a powerful reply brief with the U.S.Court of Appeals for the Ninth circuit, essentially asking the court to either completely overturn a previous ruling or, at the very least, hit the reset button by assigning a new judge to the case.At the heart of Apple’s argument is the claim that Judge Yvonne Gonzalez Rogers’ 2021 decision,and especially a more recent injunction issued in April after finding apple in civil contempt,are deeply flawed and unfairly punitive.
what’s Apple Saying?
In a detailed, 42-page document, Apple doesn’t hold back. They argue that the court’s injunction has gone way too far, exceeding the bounds of what’s legally permissible.
“The injunction breaches well-established guardrails on the civil contempt power, and its sweeping new restrictions on Apple violate several independent limits, including the Constitution itself,” the document states.
To bolster its case, Apple cites over 40 previous rulings, focusing on four key points:
The “Zero-Commission Rule” is Unfair: Apple argues that Epic hasn’t adequately defended the district court’s decision to eliminate commissions on purchases made through links outside the App Store. Apple sees this as a “perpetual penalty” that deprives them of rightful compensation for their intellectual property. They call it the “most extreme component” of the injunction.
The Injunction is Unjustified: Apple contends that Epic can’t justify the restrictions imposed by the new injunction or the underlying contempt findings.
Conflicting California Law: Apple points to a separate California court judgment in Beverage v. Apple, Inc., arguing that it directly contradicts the district court’s judgment in the Epic case, as both are based on the same California law.
Supreme Court Precedent Ignored: Apple claims the district court failed to properly consider the Supreme Court’s decision in Trump v.CASA, which, according to Apple, requires a much narrower scope for the injunction.
Why This Matters to You (and Apple)
This isn’t just a legal squabble between two tech giants. The outcome of this case could have meaningful implications for how apps are distributed and how developers interact with app stores. If Apple is forced to allow external payment options without commission, it could change the entire economic model of the App Store, perhaps impacting prices, security, and the overall user experience.
Apple also argues that the injunction relies on privileged documents, a point supported by other tech groups.
A Fresh Start?
Apple is clearly hoping for a different outcome. In its Also to be considered:, the company explicitly asks the Court of Appeals to reverse the contempt order and deny a previous motion. But, crucially, they also request that, if the case goes back to the district court, it be reassigned to a new judge. This isn’t the first time Apple has made this request, signaling a deep concern about the fairness of the proceedings.
The stakes are high, and the battle is far from over. the Court of Appeals’ decision will be closely watched by developers, consumers, and anyone interested in the future of the
