For the time being, Apple can continue to require developers to use its in-app purchase system without offering alternatives because of a stay on an injunction that would have required it to make sweeping App Store changes.
The judge in the ongoing lawsuit gave Apple until December 9 to implement the changes she ordered them to make. After she denied Apple's request for a stay, they kicked the request to the Ninth Circuit Court of Appeals.
The appeals court granted the stay, and said that Apple's appeal raises serious questions about the original case.
Apple's appeal raises serious questions on the merits of the district court's determination that Apple's conduct did not violate antitrust laws but did violate California's Unfair Competition Law.
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We grant Apple's motion to stay part of the permanent injunction. The mandate issues in this appeal will keep the stay in effect.
The injunction has been stayed by the court until it can hear the case. The App Store will continue to operate while the court considers Apple's appeal.
In the original ruling, Judge Yvonne Gonzalez-Rogers said that Apple would not be allowed to restrict developers from including calls to action that direct customers to purchasing mechanisms, paving the way for alternate payment options that do not require Apple to.
The proposed changes to the App Store could cause irreparable harm to Apple and consumers, and Apple has claimed that it needs more time to work through the complex and rapidly evolving legal, technological, and ethical issues.
If the appeals court rules in Apple's favor, the injunction could be thrown out permanently. The legal process for any changes to the App Store will take several more months after Apple's win today.
There is no clear path for the app to return to the App Store and it appears it will be unavailable on Apple's platform.
