Apple’s 27% fee on external payments is the center of a legal tug‑of‑war that could decide whether the App Store stays a closed ecosystem.
The Court’s Contempt Order
The Ninth Circuit, in a civil contempt ruling, required Apple to let developers embed links to alternative payment systems. Apple complied, but then charged a 27% fee on those external purchases, directly contradicting the court’s intent. The court said the fee “defeated the purpose” of the injunction.
Apple’s Legal Counter
Apple’s new petition to the Supreme Court argues that the injunction never mentioned commissions, so charging 27% was not a violation of the “spirit” of the order. It also claims Epic never sought a class action or relief that would affect developers like Microsoft or Spotify. Apple’s argument hinges on the idea that a federal court cannot impose civil contempt for a vague, interpretive injunction.
Epic’s Strategic Move
Epic, after five years of litigation, has pushed Fortnite back onto the App Store worldwide, except Australia, citing the court’s favorable stance. Epic’s CEO called Apple’s latest move a “last Hail Mary” to stall payment competition. The Supreme Court, however, declined to pause proceedings, keeping the legal battle alive.
What This Means for Developers
If Apple prevails, the 27% fee could remain a hidden cost for developers who wish to offer alternative payment options. If the court sides with Epic, a blanket change could force Apple to lower commissions or allow external payment links without fees. Either outcome will ripple through the developer ecosystem, affecting revenue models for giants like Microsoft and Spotify.
The next Supreme Court decision will decide whether the App Store’s 27% commission is a legal relic or a necessary safeguard for Apple’s ecosystem. Developers and consumers alike will be watching closely.
Source: Apple says Epic lawsuit shouldn't reshape App Store rules for all developers
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