Apple's latest attempt to maintain full financial control over the App Store has failed, allowing Fortite to stay in the App Store and Epic to use external methods for in-app purchases.

There has been another blow for Apple in its ongoing legal battle with Epic, the background to which I outlined last month in Apple Lets Fortnite Back In The App Store. The last event in that history was a ruling by U.S. District Judge Yvonne Gonzalez Rogers that found Apple in contempt of court for not complying with her earlier injuction that was intended to force Apple to allow Epic to use external payment methods for in-app purchases.

Apple's response was to lodge an appeal and also to ask for a stay of execution until it outcome arguing that the ruling blocked it from:

‘exercising control over core aspects of its business operations’

and effectively forced it to give away free access to its services.

Now that request has been denied in a decision made by the US 9th Circuit Court of Appeals:

By rejecting Apple’s motion, the court is letting the new compliance requirements stand while the company appeals the decision rather than granting Apple the right to roll back the changes.

Commenting on this Apple stated: 

“We are disappointed with the decision not to stay the district court’s order, and we’ll continue to argue our case during the appeals process. As we’ve said before, we strongly disagree with the district court’s opinion. Our goal is to ensure the App Store remains an incredible opportunity for developers and a safe and trusted experience for our users.”

Apple is obviously determined to continue the appeals process. But for now, developers face fewer Apple-imposed barriers and Epic can keep Fortnite in the App Store and make revenue via external payment methods. 

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