9to5Mac reported that the Ninth Circuit just reversed its own decision to pause enforcement of the Epic Games ruling while Apple prepares its Supreme Court petition. Translation: Apple has to start letting developers tell users about cheaper payment options outside the App Store, even though it’s still trying to get the high court to throw the whole thing out.
This is messy for Apple in a specific way. The original Epic ruling from 2021 said Apple couldn’t stop developers from linking to external payment methods or even mentioning them. Apple appealed, lost most of that appeal, then asked the Supreme Court to review it. Normally, you get a stay while that happens - the status quo holds until the justices decide whether to hear your case. Apple had that stay. Now it doesn’t. The Ninth Circuit looked at the balance of harms and decided Epic and other developers shouldn’t have to wait another year or more while Apple exhausts its legal options.
So what does Apple actually have to allow now? Developers can include buttons or links in their apps that say “buy this cheaper on our website” or “subscribe directly and save 30%.” Apple fought this tooth and nail because it’s the thin edge of the wedge - once users know they’re paying a markup for in-app convenience, the 15-30% commission starts looking less like a platform fee and more like a tax. Apple’s counter has always been that the App Store is a curated, secure experience worth the cut, but it’s hard to make that case while simultaneously arguing you should be allowed to hide the fact that the cut exists.
The Supreme Court may still take the case, and if it does, Apple could win big. But that’s months away, and there’s no guarantee the justices will even grant cert. In the meantime, Apple has to implement changes it clearly doesn’t want to make, and those changes will be hard to roll back even if it wins later. Developers will build workflows around external payments, users will get used to seeing the option, and the App Store’s walled garden will have a door in it whether Apple likes it or not.
Reporting reference: 9to5Mac ↗