The News: U.S. Supreme Court refuses to hear appeals filed by Apple as well Epic to Reject an Antitrust Case -

Jan 28, 2024

The 16th of January, on the 16th of January on the 16th of January, the U.S. Supreme Court denied the requests for hearing appeals brought by Apple along with Epic Games regarding the antitrust lawsuit Epic brought in 2020 against Apple at the end of 2020. Reuters reported.

In 2021, U.S. District Judge Yvonne Gonzalez Rogers disregarded the majority of Epic's claims against Apple but she made a ruling in Epic's favor regarding Apple's guidelines against developers allowing users to go out of Apple's system to buy digital products. In 2023 the 9th U.S. Circuit Court of Appeals in San Francisco agreed with much of Judge Rogers 2021 ruling.

What is the way Apple is responding

According to the Associated Press reported that this will remove the sway of an order and gives developers the ability to use different payment options. Apple could also be allowed to file court papers late on the 16th of January which outline the company's plans to follow the court's order but keep the majority of their costs.

AP continued that Apple's Tuesday court filing shows that they plan to:

  • Let developers use hyperlinks that point to other websites. However, Apple charges 12%-27 percent commission on payment via links to other websites.
  • Inform consumers via an "scare screen" whenever they click a link pointing users to an alternative payment option, notifying the user that Apple is not liable to the transactions pertaining to security or privacy.
  • Institute to approve a process that AP says could be "potentially complicated" prior to allowing externally-pointing links or buttons to show up inside iPhone or iPad apps, citing Apple's "effort to reduce fraudulent activity, frauds, and misinformation."

What Epic Games are Reacting

AP reported that the paper in which the plans are described "provoked claims that Apple is acting in bad faith, and sets the tone for future litigation," apparently quoting Epic Games CEO Tim Sweeney's X (formerly was known as Twitter) Tweet stating "Apple has filed a 'compliance' in bad faith program in order to get an order from the District Court."

Sweeney then followed by presenting a long listing of "glaring difficulties we've identified so to date," concluding with " Epic will challenge Apple's compliance scheme in bad faith at District Court" as well as the attachment to an image of"scare screen "scare display" Apple has included in the Developer Support Update concerning hyperlinks to purchase from outside.

The day before, Sweeney had posted mixed sentiments, noting that the Supreme Court choosing not to consider appeals regarding this issue was "A tragic outcome for all developers" and mentioning " developers can begin taking advantage of their rights, as determined by the courts to inform US customers of lower costs when they shop online."

More Epic Games v. Apple Case Developments

The 17th of January, on the 17th of January, Reuters reported that Apple had also filed a court motion on Tuesday for Epic Games pay them over $73 million in legal costs and extra expenses. Reuters reports that Apple's demand stems from "a lower court's decision that declared that Epic Games had violated the developer agreement that they signed in 2010," wherein "Epic was required to cover for legal, losses, and additional costs arising from any violations."

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