The Ninth Circuit Court of Appeals upholds most of the rulings made by the lower court in Apple’s favor
The link to Epic’s in-app payment platform that led to the removal of Fortnite from the App Store
While one judge felt that the case should have been sent back to Judge Rogers with some new guidance, the majority opinion agreed with the argument made by Apple that it needs to closely watch the apps that are installed on its devices like the iPhone and iPad to prevent users from downloading malware, spyware, adware, and other potentially dangerous software. The panel wrote, “Apple makes clear that by improving security and privacy features, it is tapping into consumer demand and differentiating its products from those of its competitors — goals that are plainly procompetitive rationales.”
Apple has already made a big change to App Store policies by allowing “Reader apps,” which include apps and subscription services such as digital newspapers and magazines, books, and audio and video streaming, to direct users to third-party payment platforms. Games are not covered by this policy. While Fortnite remains out of the App Store, Epic CEO Tim Sweeney has suggested that the title could return to iOS this year.
The EU’s Digital Markets App is forcing Apple to allow sideloading of apps in its 27 member countries
Apple issued a statement via email that said, “The App Store continues to promote competition, drive innovation, and expand opportunity, and we’re proud of its profound contributions to both users and developers around the world. We respectfully disagree with the court’s ruling on the one remaining claim under state law and are considering further review.” The company also characterized the ruling as a “resounding victory” noting that it had nine out of 10 claims decided in its favor.
Epic’s Sweeney tweeted, “Fortunately, the court’s positive decision rejecting Apple’s anti-steering provisions frees iOS developers to send consumers to the web to do business with them directly there. We’re working on next steps.”
Apple is being forced to make changes to its “walled garden” policies in Europe where the EU has passed the Digital Markets Act (DMA). The DMA is forcing Apple to allow third-party apps to be installed on the iPhone via sideloading with the release of iOS 17. This past week, Bloomberg’s Mark Gurman said that Apple will only allow sideloading in the 27 member countries that make up the EU. In the U.S., sideloading will remain blocked by Apple.
