Tag: appeals
Donald Trump APPEALS sex abuse verdict day after interview rant over ‘rigged’ election
US appeals court confirms original ruling in Epic’s Apple App Store dispute
Apple wins appeals court ruling against Epic Games
An appeals court has issued a ruling in the long-running antitrust tussle between Apple and Epic Games. As Bloomberg reports, the US Ninth Circuit Court of Appeals upheld a lower court ruling, which rejected most of Epic’s claims that Apple violated federal competition law by prohibiting alternative app stores on its devices. The three-judge panel also upheld a part of the original ruling that was in Epic’s favor.
“There is a lively and important debate about the role played in our economy and democracy by online transaction platforms with market power,” the panel wrote in the decision. “Our job as a federal court of appeals, however, is not to resolve that debate — nor could we even attempt to do so. Instead, in this decision, we faithfully applied existing precedent to the facts.”
The ruling maintains the status quo, unless further appeals move the case to a higher court. One added wrinkle is the fact that Epic may now be on the hook for Apple’s legal fees, as Axios‘ Stephen Totillo pointed out.
“Today’s decision reaffirms Apple’s resounding victory in this case, with nine of ten claims having been decided in Apple’s favor. For the second time in two years, a federal court has ruled that Apple abides by antitrust laws at the state and federal levels,” Apple told Engadget in a statement. “The App Store continues to promote competition, drive innovation, and expand opportunity, and we’re proud of its profound contributions to both users and developers around the world. We respectfully disagree with the court’s ruling on the one remaining claim under state law and are considering further review.”
Shortly after the ruling was released, Epic CEO Tim Sweeney published the following statement on his Twitter account:
Apple prevailed at the 9th Circuit Court. Though the court upheld the ruling that Apple’s restraints have “a substantial anticompetitive effect that harms consumers”, they found we didn’t prove our Sherman Act case.
— Tim Sweeney (@TimSweeneyEpic) April 24, 2023
In a follow-up tweet, he said “Fortunately, the court’s positive decision rejecting Apple’s anti-steering provisions frees iOS developers to send consumers to the web to do business with them directly there. We’re working on next steps.”
In the original 2021 ruling, US District Judge Yvonne Gonzalez Rogers determined that although Apple prevented users from being able to pay less for apps or in-app purchases, it wasn’t running the App Store like a monopoly. Still, Rogers told Apple to let developers direct users to alternative payment systems, which would have enabled them to bypass the 15 to 30 percent cut Apple typically takes from in-app purchases.
Apple won a last-gasp delay on the implementation of those changes. However, in 2022, it started allowing the makers of certain apps to redirect users to their own websites for payments and to fully manage their accounts.
Engadget has contacted Epic for comment. The company has made similar antitrust claims in a lawsuit against Google and that case is set to go to trial in November.
Epic kickstarted its battles against Apple and Google when it offered Fortnite mobile players a cheaper way to pay for in-game currency that bypassed the iOS and Android payment systems. Apple and Google removed Fortnite from their app stores, and Epic responded withlawsuits against both companies.
Regardless of the ultimate outcome in both cases, Apple and Google may support third-party app stores on iOS and Android anyway. Regulators in other markets have scrutinized both companies’ app store practices. As a result of new European Union laws in particular, Apple is reportedly preparing to allow third-party marketplaces on the iPhone as soon as next year. If and when it does, Epic’s own mobile app store is ready to go, according to CEO Tim Sweeney. Microsoft is preparing its own mobile app store too.
Update, 4/24/23, 4:23PM ET: Added Epic CEO Tim Sweeney’s statement.
This article originally appeared on Engadget at https://www.engadget.com/apple-wins-appeals-court-ruling-against-epic-games-191331514.html?src=rss
Apple’s App Store can stay closed, but developers can link to outside payments, says appeals court
An appeals court has upheld the status quo in Epic’s antitrust lawsuit against Apple, affirming a decision that was largely a victory for Apple. In a ruling delivered on Monday, the Ninth Circuit Court of Appeals found that Apple’s closed App Store and security restrictions didn’t violate antitrust law but that Apple couldn’t maintain anti-steering rules that prevent users from learning about alternate payment options.
Apple spokesperson Marni Goldberg provided The Verge with the following statement:
Today’s decision reaffirms Apple’s resounding victory in this case, with nine of 10 claims having been decided in Apple’s favor. For the second time in two years, a federal court has ruled that Apple abides by antitrust laws at the state…
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Apple Wins Appeals Battle in Ongoing Patent Infringement War With VirnetX, Could Save $502.8 Million
The U.S. Court of Appeals for the Federal Court on Thursday confirmed a ruling by the U.S. Patent and Trademark Office invalidating a pair of patents that VirnetX used in its patent infringement lawsuit against Apple, according to Reuters.
Apple in 2020 was ordered to pay VirnetX $503 million for infringing on VPN patents owned by VirnetX with the iPhone‘s VPN on demand feature. The two patents that have been invalidated were involved in that lawsuit, and now Apple might get the entire judgment vacated.
Apple appealed the $502.8 million award verdict after it was rendered, with both Apple and VirnetX presenting arguments in the appeal back in September. VirnetX attorney Jeff Lamken said at the time that if the court ultimately sided with the USPTO and invalidated the patents in the patent validity case, VirnetX could “have a big problem.” He said that he did not think VirnetX would have an “enforceable judgment” in that situation, so this is potentially a major win for Apple.
With the patents now invalidated, VirnetX and Apple will again meet in court over the initial appeals case that Apple filed to determine whether Apple will need to pay up, and it’s looking like the $502.8 million verdict will be thrown out.
Regardless of how this case plays out, Apple was forced to pay VirnetX $440 million for violating VirnetX’s communications security patents with the FaceTime and iMessage features.
VirnetX is largely viewed a patent holding company or “patent troll” that does not offer actual products or services. It generates revenue by litigating technology companies that infringe on its patents, though it does also market its “War Room” software for authenticated meetings.
This article, “Apple Wins Appeals Battle in Ongoing Patent Infringement War With VirnetX, Could Save $502.8 Million” first appeared on MacRumors.com
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: Uber, Lyft, DoorDash win as appeals court upholds California’s Prop. 22
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Twitter opens public appeals for suspended accounts
When Elon Musk took over Twitter, he said he would offer “amnesty” to previously banned and suspended accounts. Since then, he’s restored dozens of controversial high-profile users, including Donald Trump (who has yet to return to the platform), comedian Kathy Griffin, and a number of whitenationalists and members of the far-right.
Now, Twitter is opening a public-facing appeals process, which will allow anyone whose account has previously been suspended to request reinstatement. The company posted a link to an online form accessible to users who are able to log into an account that’s previously been locked or suspended.
Starting today, anyone can request that we review a suspended account for reinstatement under our new criteria. You can submit an appeal here: https://t.co/av9ppXW9ofhttps://t.co/rgvflHgy15
— Twitter Safety (@TwitterSafety) February 1, 2023
Earlier this week, the company indicated a new appeals process would be coming as part of its policy to take “less severe actions” against rule-breaking accounts. “Going forward, we will take less severe actions, such as limiting the reach of policy-violating Tweets or asking you to remove Tweets before you can continue using your account,” the company said. “Account suspension will be reserved for severe or ongoing, repeat violations of our policies.”
Twitter added that appeals would be “evaluated under our new criteria for reinstatement.” But it didn’t elaborate on what that criteria would be, or how long the process might take. The company says it expects to receive a “high volume” of requests and that reinstated requests are expected to “follow our rules.”