The U.S. Supreme Court is reviewing a civil contempt ruling against Apple in its ongoing legal dispute with Epic Games. This week, the U.S. government, through the Solicitor General’s office, along with several legal and business groups, submitted amicus briefs urging the Supreme Court to reverse at least part of this ruling.
The contempt finding originated when Apple, after being compelled to allow developers to direct users to external purchasing mechanisms, implemented a 27% commission on these transactions. Epic Games challenged this implementation, leading the district court to find Apple in civil contempt. Following this, Apple ceased charging the commission on external links.
Apple is seeking to overturn the contempt ruling, arguing that the original injunction did not explicitly prohibit charging a commission on purchases made outside the App Store. The company contends that lower courts improperly relied on the "spirit of the injunction" rather than its literal text. Apple's brief also suggests that upholding the contempt finding could lead to judicial overreach and uncertainty for companies regarding injunction compliance.
The original court order permanently restrained and enjoined Apple from prohibiting developers from including buttons, external links, or other calls to action in their apps and metadata that direct customers to purchasing mechanisms in addition to In-App Purchasing, and from communicating with customers through voluntarily obtained contact points within the app.
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The U.S. government and several legal groups filed briefs with the Supreme Court, asking it to reverse a civil contempt ruling against Apple in the Epic Games lawsuit. Apple was found in contempt for charging a 27% commission on external purchasing options, despite an injunction to allow developers to direct users to these options.