San Francisco The legal dispute over the game rules in Apple’s App Store will occupy the next court instance. As announced, the games company Epic Games filed an appeal against the ruling of a California district judge, who had largely dismissed their claims. The reasons given by the makers of the online game “Fortnite” for the appeal were not initially revealed in the trial documents published on Sunday.
Whether Apple will also appeal the ruling to the United States Court of Appeals in San Francisco was not yet clear on Monday. Apple had been able to fend off nine of ten points of claim and also prevailed with its own counterclaim. However, Apple was prohibited from preventing developers from referring users to opportunities to purchase digital items directly from developers.
Representatives of the iPhone company referred to the 90-day period that Judge Rogers had granted for the implementation of the requested changes and the possible filing of appeals. Therefore, it is not certain if and when there will be changes in the payment procedures in the App Store.
It is conceivable that Apple will extend the compromise with the Japanese competition authority JFTC for so-called reader apps such as Netflix, Amazon and Spotify, but also media publishers and e-book providers to other areas such as games. After the settlement with the JFTC, users will be able to book a premium service or take out a subscription from a media or streaming app comparatively easily in the future without a commission being due for Apple.
Epic wanted to enforce the right to its own App Store on the iPhone via a lawsuit, among other things. However, Judge Yvonne Gonzalez Rogers did not follow the game company’s argumentation, according to which Apple’s approach of only allowing app installation from the in-house download platform was anti-competitive.
70 percent of app store revenue from games
When purchasing digital items and content through Apple’s in-app system, developers must cede 15 to 30 percent of the purchase price to the iPhone company. According to the ruling, about 70 percent of App Store revenue comes from game apps. Epic and several other major app vendors want to take their business on the iPhone past Apple without the App Store levy. Apple counters that the app store system is designed to protect consumers from data thieves and fraudsters – and the levy is necessary, among other things, to fund this infrastructure.
Apple banned Epic from the App Store last year after the game company sneaked in the ability to directly purchase digital items in “Fortnite.” The judge found Apple in the right, saying Epic had violated its contract with the iPhone company.
In the appeal, U.S. law does not completely reopen the case and question new witnesses. Instead, the appellate judges are reviewing whether Judge Rogers made any errors.
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