Reuters. File photo: The smartphone with the Epic Games logo is pictured on May 2, 2021 in front of the Apple logo. REUTERS / Dado Ruvic / Illustration / File Photo
By Stephen Nellis
(Reuters) – “Fortnight” creator Epic Games on Friday opposed an attempt by Apple Inc. (NASDAQ 🙂 to suspend an order handed down in a no-confidence motion during a potentially long appeal process.
U.S. District Judge Evan Gonzalez Rogers (NYSE 🙂 in September https://www.reuters.com/article/apple-epic-games-idTRNIKBN2G61IK overturned some of the iPhone maker’s app store rules, including allowing developers to instruct their users. A partial win for Epic and other app developers, among other payment options next to the in-app payment system.
Apple has until December 9 to comply with the order, but earlier this month the company said it would appeal the ruling and asked Gonzalez Rogers to suspend its order because the appeal process could take more than a year.
Epic filed a lawsuit in court on Friday arguing that Apple did not meet the legal requirements for the break, which would require Apple to show that it would be irreparably damaged by temporarily complying with the order if the appeal was later overturned.
Epic said the delay in requesting a positive comment from Apple about the verdict and a break after it landed showed that it would not be harmed by the execution of the order.
“For denying the public interest (Apple’s request); a ban is the only way to effective relief,” Epic wrote. “History shows … in the absence of that ban, Apple will not make any changes.”
Apple did not immediately respond to a request for comment.
Apple’s request will be heard on November 9.
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