Back in April, District Court Judge Yvonne Gonzalez Rogers delivered a scathing judgment finding that Apple was in “willful violation” of her 2021 injunction intended to open up iOS App Store payments. That contempt of court finding has now been almost entirely upheld by the Ninth Circuit Court of Appeals, a development that Epic Games’ Tim Sweeney tells Ars he hopes will “do a lot of good for developers and start to really change the App Store situation worldwide, I think.”
The ruling, signed by a panel of three appellate court judges, affirmed that Apple’s initial attempts to charge a 27 percent fee to iOS developers using outside payment options “had a prohibitive effect, in violation of the injunction.” Similarly, Apple’s restrictions on how those outside links had to be designed were overly broad; the appeals court suggests that Apple can only ensure that internal and external payment options are presented in a similar fashion.
The appeals court also agreed that Apple acted in “bad faith” by refusing to comply with the injunction, rejecting viable, compliant alternatives in internal discussions. And the appeals court was also not convinced by Apple’s process-focused arguments, saying the district court properly evaluated materials Apple argued were protected by attorney-client privilege.
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