Apple Must Allow External App Store Links During Appeal

The legal standoff between Apple and Epic Games took a new turn as the U.S. Court of Appeals for the Ninth Circuit denied Apple’s request to halt pending changes to its App Store policies. This procedural victory for the developer of Fortnite ensures that, for the time being, Apple is prohibited from blocking developers from including links to external payment methods in their applications.

Previously, a court order had allowed the iPhone manufacturer to pause the implementation of these changes while it pursued an appeal to the Supreme Court. Epic Games, which had labeled the pause as a mere “delay tactic,” successfully petitioned the court to reconsider that stance. The appellate court’s latest ruling effectively reverses the temporary stay, mandating that the current rules regarding external payment options remain active.

Court Rejects Apple’s Claim of Harm

In its recent filing, the court was unconvinced by Apple’s arguments that maintaining these operational changes would lead to irreparable damage. The ruling stated, “Apple has failed to show good cause to sustain our prior stay order. Apple has not demonstrated that any proceedings on remand will cause it irreparable harm if our decision is not stayed.”

Following the decision, Epic Games celebrated the outcome, reinforcing its position against the tech giant’s commission structure. The ongoing litigation carries significant weight for the mobile ecosystem, as the final judgment will establish whether Apple can continue to collect commissions on transactions initiated through external links and, if so, at what specific rate.

Key Implications for Developers

• External Payment Links: Developers can continue to direct users to payment platforms outside the Apple ecosystem without incurring commissions for those specific transactions at this moment.
• Legal Uncertainty: While this is a win for developers, the situation remains fluid. The District court is still tasked with determining the precise amount Apple is permitted to charge on these “link-out” purchases.
• Supreme Court Horizon: The broader dispute continues to move toward a final review by the Supreme Court, which will ultimately dictate the future of Apple’s App Store billing policies in the United States.

You can review the full text of the court filing here for further details on the judicial reasoning behind this decision.