Apple verliert Berufung gegen ein vernichtendes Missachtungsurteil im iOS-Zahlungsfall | Tim Sweeney, Gründer und CEO von Epic, warnt jedoch davor, dass iOS-Entwickler immer noch Angst vor „völlig illegalen“ Vergeltungsmaßnahmen von Apple haben.

The key takeaway from [the ruling](https://fingfx.thomsonreuters.com/gfx/legaldocs/lgvdqxweopo/Epic%20v%20Apple%20-%209th%20Circuit%20order%20-%2020251211.pdf) is that Apple remains found in contempt and the court affirmed they chose that path deliberately. Judge YGR’s ban on charging any fee at all was deemed inappropriate and the judge recommends that condition be revised to allow Apple to charge „something“ when an app uses a third party payment service, which Epic is construing as a very small amount perhaps as low as $10s per app review for the reviewer’s time.

The ruling puts significant constraints on how much this fee could be, and the fee may not be imposed before reaching agreement with Epic or receiving court approval for the amount:

> Apple should be able to charge a commission on linked-out purchases based on the costs that are genuinely and reasonably necessary for its coordination of external links for linked-out purchases, but no more.

> In making a determination of Apple’s necessary costs, Apple is entitled to some compensation for the use of its intellectual property that is directly used in permitting Epic and others to consummate linked-out purchases.

> In deciding how much that should be, the district court should consider the fact that most of the intellectual property at issue is already used to facilitate IAP, and costs attributed to linked-out purchases should be reduced equitably and proportionately.

> Apple should receive no commission for the security and privacy features it offers to external links, and its calculation of its necessary costs for external links should not include the cost associated with the security and privacy features it offers with its IAP.