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Apple's lawyers have filed a new motion stating that Epic Games' cease-and-desist order forces changes to the App Store that "harm customers" and that Apple is requesting a stay until all appeals have been heard.
Following the original ruling by US District Judge Yvonne Gonzalez in September 2021 in the Epic Games v. Apple lawsuit, Apple requested a stay of the injunction until October. The company then again requested a stay of the injunction in late October, stating that it had met some of the court's demands but still wanted the rest postponed. The injunction primarily requires Apple to abandon its anti-steering policies for developers. These prohibited developers from telling users in their apps that there were alternative payment options. Apple has since lifted the restriction on advertising these external purchase options. However, in a new motion filed before December 9, Apple again argues that the injunction should be lifted. Bloomberg Law says it has seen Apple's motion and quoted the whole thing as follows:
Will the order survive the appeal process?
Apple Inc. has been ordered to change its business model in a way that harms customers, developers, and Apple itself. The injunction should be administratively stayed before it takes effect on December 9th and maintained until the appeal is complete. The district court erred in issuing a nationwide injunction in a case with only one plaintiff who has no apps on the App Store, has not shown harm from the provisions at issue, and has not even directly challenged them. Undisputed evidence shows that Apple will be harmed by the rushed implementation of this illegal and inequitable injunction. Apple should not be forced to change a key part of its business model that has been in place for more than a decade until the court rules on the merits.
Apple continues to believe that the order will not survive the appeal process. Whether Cupertino will be right remains to be seen. (Photo by Fabio Balbi / Bigstockphoto)
