“The district court, led astray on many points by Apple, reached the wrong answer to all of these questions.”
What you need to know
- Epic Games has filed another brief in its appeal against the Apple App Store trial ruling.
- It says the court was led astray by Apple and wrong to rule in Cupertino’s favor.
- It also says that claims Epic’s demand will compromise the security of the iPhone are “untrue.”
Epic Games has told the appeals court in its fierce legal battle with Apple that the district court was “led astray” by Apple and was wrong to rule against it.
In the filing, as reported by FOSS Patents, Epic is answering a brief submitted by Apple in response to Epic’s appeal and Apple’s own appeal against the one count in which the court ruled against Apple.
The briefing says that Judge Yvonne Gonzalez Rodgers was “led astray” by Apple and reached “the wrong answer to all of these questions” in regard to the lawsuit it filed against Apple.
Epic Games says that Apple’s restraint on its App Store is “contractually imposed and enforced” and that the court demonstrated this design was to serve Apple’s policy choices, rather than the other way around.
It also says that Apple’s claim Epic’s demands would compromise iPhone security is untrue, citing Apple’s own promotion of the security of macOS, which does allow alternative payment options and installing software outwit the App Store.
Epic also hit back at Apple’s plan to appeal the measure passed down by the courts that would not allow it to prevent developers from communicating with App Store customers about alternative ways to purchase products.
Apple now has around three weeks to reply to Epic’s brief, before the 9th circuit schedules a hearing on the appeal. A decision may arrive before the end of 2022, however, 2023 is just as likely.