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Judge Denies Apple’s Appeal; Ordered to Keep Allowing Link-Outs to the Web in the U.S. App Store from Daring Fireball RSS feed.

Judge Denies Apple’s Appeal; Ordered to Keep Allowing Link-Outs to the Web in the U.S. App Store

Jacob Kastrenakes, The Verge:

In April, a federal judge demanded that Apple begin allowing web links, cease restricting how links are formatted, and enable developers to offer external payment options without giving the company a cut of their revenue. Apple promptly appealed and requested that the order be put on hold until the legal proceedings were finished.

But an appeals court has now denied Apple’s emergency request to block the order. The court said it was “not persuaded” that blocking the order was appropriate after weighing Apple’s chances to succeed on appeal, whether Apple would be irreparably harmed, whether other parties would be hurt if the order is halted, and what supports the public interest.

The rejection bodes poorly for Apple’s chance of overturning the order, which stems from a lawsuit by Epic Games.

Here’s the denial from the United States Court of Appeals for the Ninth Circuit, nearly in its entirety, omitting only legal citations:

Apple’s Emergency Motion Under Circuit Rule 27-3 for a Partial Stay Pending Appeal is DENIED. In deciding whether to impose a stay, we consider: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Apple “bears the burden of showing that the circumstances justify an exercise of [our] discretion.” After reviewing the relevant factors, we are not persuaded that a stay is appropriate.

The earliest this might get overturned, it seems to me, is the end of this year, but I get the feeling this injunction is here to stay.