Apple and Epic Games return to court tomorrow-this time the Ninth Circuit Court of Appeals-as Epic seeks to force Apple to loosen its control over the App Store.
when Judge Yvonne Gonzalez Rogers ruled that Apple could not be forced to include the Epic App Store on the iPhone. The judge also ruled that the success of the Apple Store"is not illegal."would have to allow developers to allow their apps to redirect to third-party payment platforms that would allow App Store customers to avoid using Apple's in-app payment platform. Many developers are upset that Apple takes 15%-30% of in-app payments made through its platform.
Tomorrow, the three judges hearing the oral arguments, Sidney R. Thomas, Milan D. Smith Jr., and Michael J. McShane, will first listen to Epic attorney Thomas Goldstein. The AP suggests that Goldstein will try to convince the panel that Judge Gonzalez Rodriguez erred when she looked at the App Store and Apple's in-app payment platform as separate markets instead of bundling them together.
Another lawyer, this one from the California Attorney General’s office, is expected to defend the law cited by Judge Gonzalez Rodriguez that allowed her to rule that Apple needs to allow developers to redirect apps to third-party payment platforms.Apple's Mark Perry will present the final argument allowing him to give Apple's perspective on some of the questions that the other lawyers will be asked by the judges during the afternoon.
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