Why Apple has appealed the lawsuit against Epic Games despite agreeing with it

11/10/2021 – 11:11 Updated: 11:56 – 10/11/21

Apple has appealed part of the ruling of the Epic Games lawsuit, which requires it to change the rules of the App Store.

It was a month ago that federal judge Yvonne Gonzalez Rogers dismissed nine of the ten accusations that Epic Games had filed, after being expelled from the App Store for having implemented direct micropayments in their Fortnite video game.

Contrary to what Epic claims, the judge considered that Apple was right when it expelled Epic, since its actions violated the terms of service, which force developers to use the Apple platform to make payments in their apps. In this way, the apple company can obtain between 15% and 30% of each purchase in the apps.

However, the general feeling after sentencing is that the two had lost, and both hinted that this was not the end. Epic will have to pay several million dollars to Apple, and Apple will have to modify its terms of use to allow payments using alternative methods.

That is the reason why last Friday, Apple presented an appeal to the sentence; Not only that, but he requested a suspension of the proceedings. If adjudicated, Apple would not have to apply the changes until the appeal is complete, a process that can last several years. For now, Apple has already bought some time; the suspension decision will not be made until November.

That is probably the main reason behind the appeal: gain time. The ruling required Apple to implement changes in just 90 days, and filing an appeal and suspending the proceedings would greatly lengthen the process. And during this time, Apple can work on alternatives.

That the App Store will have to allow payments by alternative methods already seems a fact in some markets, such as South Korea, where a law designed specifically against mainstream app stores is about to take effect. And to that we must add the investigations that have already started in the European Union and the US. In this situation, Apple will want to do things on its terms and not forced by anyone, to find the option that least hurts its revenue.

For example, a possible method that Apple could use to comply with the ruling is to allow apps to have alternative payments, but make these more difficult and insecure for users, who would choose Apple Pay.

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