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Apple asks U.S. Supreme Court to vacate App Store contempt finding, arguing it never violated the order’s text

15 September 2026 at 20:30
U.S. Supreme Court
U.S. Supreme Court

Apple has filed its opening merits brief with the U.S. Supreme Court, asking the justices to reverse or vacate a civil contempt ruling that stripped the company of commissions on purchases made through external payment links in U.S. App Store apps.

The brief, filed September 14, 2026, in Apple Inc. v. Epic Games, Inc. (No. 25-1311), marks the start of the argument phase in a case the Court agreed to hear on June 30. The justices limited review to a single question: whether a party can be held in civil contempt for violating the “spirit” of an injunction when the order is silent on the conduct later deemed a violation.

How the fight reached the high court

Epic Games sued Apple in 2020 after Fortnite was removed from the App Store for offering an in-app payment system that bypassed Apple’s commission. U.S. District Judge Yvonne Gonzalez Rogers largely sided with Apple on federal antitrust claims but found that Apple’s anti-steering rules violated California’s Unfair Competition Law. In 2021 she issued a short permanent injunction — Apple notes it was only about 75 words — requiring the company to let developers include links and other calls to action that send users to alternative purchase options.

Apple allowed those links but charged commissions of 12% to 27% on resulting sales. Few developers used the system. Epic returned to court, arguing the fees made the injunction meaningless. In April 2025, Gonzalez Rogers found Apple in civil contempt and barred it from collecting any commission on U.S. link-out purchases. The Ninth Circuit upheld the contempt finding in December 2025 but said a total ban on fees went too far and sent the case back for a more tailored rate. Apple then petitioned the Supreme Court.

Apple’s core argument

Apple’s brief rests on a long line of Supreme Court contempt cases, including Taggart v. Lorenzen (2019). The company says civil contempt requires “clear notice” that the specific conduct is forbidden. Silence is not enough. The 2021 injunction never mentioned commissions, Apple argues, and even Epic once acknowledged the order did not explicitly prohibit fees on off-store transactions.

“When it comes to contempt proceedings, an order’s terms govern,” the brief states. Courts may later modify an injunction to address new circumstances, Apple says, but they cannot use contempt to punish conduct the original order never clearly banned. Apple contends the Ninth Circuit is an outlier in allowing contempt based on an injunction’s “spirit.”

If the Supreme Court agrees, the contempt order would fall and Apple could seek to restore pre-2025 App Store rules, or at least negotiate fees without the stigma of being a contemnor. If the finding stands, the district court in Oakland must still set a “reasonable” commission for external purchases. Those fee proceedings have continued even as the Supreme Court case moves forward; earlier stay requests, including one denied by Justice Elena Kagan, failed to freeze them.

What comes next

Epic’s response brief is due November 13, 2026. Apple’s reply is due December 14. Oral argument is not expected before early 2027. Amicus briefs supporting Apple are due later this month.

Epic CEO Tim Sweeney dismissed Apple’s framing after the brief dropped, saying the company is fighting for developers’ right to offer cheaper payment options and that lower courts “have rightly found Apple’s fees to be illegal and anticompetitive.”

The case will not decide whether Apple monopolized the iPhone app market. It will decide how strictly courts must hew to the text of an injunction before they can hold a company in contempt — a question with implications well beyond the App Store. For now, U.S. developers can still point users to external checkout with no Apple commission attached, while both sides wait for the Court to say whether that zero-fee regime was ever lawfully imposed.

MacDailyNews Take: The U.S. Supreme Court should vacate this contempt finding against Apple.

It’s about time the highest court in the land takes a serious look at this judicial overreach.

Judge Yvonne Gonzalez Rogers and the Ninth Circuit have turned a narrow injunction into a never-ending micromanagement session of Apple’s App Store. Apple bent over backward to comply — allowing external payment links while protecting users and its ecosystem — only to get slapped with contempt for daring to charge a reasonable 27% commission on purchases that still leverage Apple’s platform, billing systems, and intellectual property. Epic’s Tim Sweeney, the perpetual sore loser who can’t compete fairly, continues his crusade to freeload off Apple’s hard work while crying “monopoly.”

This case has always been about one thing: Epic wants to undermine the very model that makes the iPhone secure, private, and reliable — all so they can rake in more profits without contributing fairly.

Here’s hoping the Supreme Court reins in this nonsense, limits the scope of overbroad injunctions, and affirms Apple’s right to run its own store on its own devices. The App Store isn’t a public utility, it’s Apple’s intellectual property. – MacDailyNews, June 30, 2026


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Telegram CEO accuses ‘takedown extortionist’ of manipulating Apple into brief App Store removal

5 August 2026 at 19:00

Apple App Store

Apple briefly removed Telegram from its App Store late on Monday after detecting child sexual abuse material (CSAM) in a public group. The messaging app was restored within about 40 minutes once Telegram deleted the content and banned the responsible user. Telegram CEO Pavel Durov later described the incident as the work of a “takedown extortionist” who deliberately planted AI-modified illegal content to trigger the removal and pressure online communities.

According to Durov’s statement on X (see below), the attacker edited an old message in an active public group chat to insert the prohibited material. Because the edit was backdated, the content remained effectively invisible to ordinary group members, limiting their ability to report it through normal channels and helping it evade some of Telegram’s automated moderation tools. The perpetrator then reportedly flagged the material directly to Apple.

Durov characterized the actor as a takedown extortionist—someone who demands payment from group owners in exchange for not targeting their communities. These operators, he said, rely on automated accounts to seed illegal material in public groups and then report it to platform gatekeepers such as Apple in an effort to force the removal of legitimate communities whose administrators refuse to pay.

“From a practical standpoint, illegal pornographic content in Telegram’s public groups is not a systemic problem,” Durov wrote. “Our moderation is effective. The fact that attackers must resort to backdated, effectively invisible content and other technical tricks proves this.” He emphasized that Telegram routinely removes illegal material from public groups using a range of moderation tools.

Apple confirmed that a content review had identified CSAM that violated App Store guidelines. The company stated that Telegram “promptly removed the content and banned the user,” after which the app was returned to the store. Apple has not publicly addressed Durov’s claim that an extortionist manipulated the process. Durov noted that Apple pulled Telegram before contacting the company.

Durov framed the episode as a warning for other developers. “Extortionists have found a way to manipulate Apple into overreacting,” he said. “This creates a potential systemic risk for every mobile app that hosts user-generated content. If an app used by more than a billion people can be removed from the App Store without prior warning, any app can be.” He also cautioned that the tactics used by such coordinated reporting groups are evolving and that other platforms may be less prepared to identify and counter them.

The incident underscores ongoing tensions between large platforms that host user-generated content, the moderation challenges they face, and the policies of mobile app marketplaces that can unilaterally restrict distribution. Telegram continues to operate normally on iOS following the short-lived removal.

Pavel Durov via X:
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Last night Apple briefly removed Telegram from the AppStore because a user had planted illegal porn in a public chat.

Telegram was restored within hours. But I want to explain what happened — to warn other app developers and help protect online communities from similar attacks.

Because Telegram quickly removes illegal content from public groups using all kinds of moderation tools, the attacker had to resort to a technical trick. He inserted AI-modified illegal content by editing an old message in an active group chat. As a result the content was effectively hidden from the group’s members, preventing them from seeing/reporting it.

The attacker was a takedown extortionist: someone who demands ransom from group owners in exchange for not targeting their communities. These extortionists use automated accounts to plant illegal content in public groups and then report it directly to Apple, attempting to trigger the removal of legitimate communities whose owners refused to pay them.

From a practical standpoint, illegal pornographic content in Telegram’s public groups is not a systemic problem. Our moderation is effective. The fact that attackers must resort to backdated, effectively invisible content and other technical tricks proves this.

⚠ However, there are two important lessons here for app developers and online communities:

— Extortionists have found a way to manipulate Apple into overreacting. Apple removed Telegram from the App Store before contacting us. This creates a potential systemic risk for every mobile app that hosts user-generated content. If an app used by more than a billion people can be removed from the App Store without prior warning, any app can be.

— The tactics used by takedown extortionists are evolving, putting communities across social platforms at risk. Telegram has extensive experience identifying the tricks used by coordinated reporting gangs and protecting legitimate communities (even when doing so risks our own app being temporarily removed from the App Store). Other platforms may not be equally prepared.

Stay vigilant! ☝

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MacDailyNews Take: Apple’s App Store really is one of history’s most profitable cans of worms.

It’s an astonishing money machine: the broader App Store ecosystem facilitated over $1.4 trillion in developer billings and sales in 2025 alone. Physical goods and services (retail, food delivery, travel, etc.) made up the bulk (~$1.1 trillion), where Apple takes no commission. Digital goods and services accounted for about $149 billion, and in-app advertising another $151 billion. On the digital slice Apple typically charges 15–30%, generating many billions in high-margin revenue that helps power its Services business.

Yet the same walld garden that produces those results is a perpetual source of headaches. Apple’s near-total control over iOS distribution and payments has fueled years of antitrust battles — Epic Games, the U.S. DOJ, EU Digital Markets Act enforcement, court findings of non-compliance, and ongoing developer lawsuits. Critics call the commission the “Apple Tax,” complain about arbitrary review decisions, limited sideloading or alternative stores (outside certain regulated markets), and the risk that a single content flag can yank a major app offline without warning.

The recent Telegram episode fits the pattern perfectly. A brief App Store removal triggered by planted illegal content (which Telegram says was the work of a takedown extortionist) showed how Apple’s gatekeeper power can be gamed or lead to rapid, high-stakes reactions.


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The post Telegram CEO accuses ‘takedown extortionist’ of manipulating Apple into brief App Store removal appeared first on MacDailyNews.

Telegram briefly pulled from Apple’s App Store over single user’s prohibited content, then quickly restored

4 August 2026 at 17:00

App Store

Telegram was temporarily removed from Apple’s App Store worldwide after the iPhone maker identified content from one user that violated its rules against child sexual abuse material, the messaging service said on Tuesday.

According to a report from Reuters, the episode mirrors a similar brief suspension in 2018, when Apple pulled the app over what Telegram founder Pavel Durov at the time described as “inappropriate content.” The app was restored then after Telegram strengthened its safeguards.

An Apple spokesperson confirmed the recent short-lived removal, stating that its review found content violating guidelines that prohibit child sexual abuse material. “The app was subsequently restored after the developer promptly removed the content and banned the user who posted it,” the spokesperson added. The removal and restoration occurred on the same day once Telegram acted.

Telegram, which counts more than a billion monthly active users, maintains a zero-tolerance policy on such material. It said it has blocked nearly 338,000 groups and channels for related content this year.

Epic Games CEO Tim Sweeney, whose company has long clashed with Apple, also weighed in on X. “Apple has stated they removed the app from availability to a billion users because a Telegram user posted something horrible and illegal,” Sweeney wrote, according to Reuters. He continued: “They did not elaborate on how, if that is the standard for app removal, any communications app could operate at scale, including iMessage.”

An Apple spokesperson did not respond to further questions about the guideline violation, Reuters reported.

MacDailyNews Note: The incident comes amid ongoing regulatory attention on Telegram’s handling of illegal content. Britain’s Ofcom opened an investigation in April over concerns about the sharing of child sex abuse material; Telegram has categorically denied the accusations and said it has virtually eliminated the public spread of such material since 2018 through detection algorithms. In February, Australia’s online safety regulator also fined the company for delays in responding to queries about measures against child abuse material and violent extremism.


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Russia opens antitrust case against Apple over failure to pre-install domestic apps

3 August 2026 at 20:00

Russia in July orders state-backed MAX messenger app to be pre-installed on all smartphones and tablets

Russia’s anti-monopoly watchdog has opened a formal case against Apple after the U.S. technology company failed to comply with an earlier warning requiring the pre-installation of Russian applications on its devices, state news agency RIA reported on Monday.

All mobile phones and tablets in Russia must have the state-backed MAX messenger app pre-installed, the Russian government announced in August 2025.

The case centers on Apple’s alleged non-compliance regarding the mandatory pre-installation of Russia’s MAX messaging app and a domestic Russian app store. The move follows a warning issued by the regulator that the company did not fully address.

The development marks the latest escalation in Moscow’s efforts to enforce rules aimed at promoting local digital services on foreign devices sold in the country. No further details on potential penalties or next steps were immediately available.

Reuters
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MacDailyNews Take: MAX is criticized for potentially enabling user tracking which aligns with Moscow’s push for tighter internet control amid tensions with the West over Ukraine.

As Glenn Greenwald said, “The way things are supposed to work is that we’re supposed to know virtually everything about what [government officials] do: that’s why they’re called public servants. They’re supposed to know virtually nothing about what we do: that’s why we’re called private individuals.”

But, the Russian government obviously fears its population, hence its diktats.


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Apple purges AI ‘nudify’ apps from App Store after San Francisco demands crackdown on non-consensual deepfakes

20 July 2026 at 22:00

'nudify' apps

Apple has begun removing AI-powered “nudify” apps from its App Store after San Francisco City Attorney David Chiu issued cease-and-desist letters to both Apple and Google, accusing the platforms of facilitating harmful non-consensual intimate imagery.

The letters targeted approximately 13 face-swapping and image-altering apps that use artificial intelligence to digitally remove clothing from photos, creating fake nude or explicit images without the subject’s consent. Chiu argued that the apps violate consumer-protection laws and enable the spread of deepfake pornography, often targeting women and minors.

In response, Apple in a statement reiterated its longstanding policy prohibiting apps that generate or promote explicit non-consensual content. “Nudification apps are against our App Review Guidelines and we have proactively rejected many of these apps and removed many others,” the company said. It confirmed the removal of three apps identified in the letter, the termination of their developers’ accounts, and ongoing outreach to four additional developers who must address violations or face removal.

This action follows earlier reports highlighting the persistence of such apps despite Apple’s rules. In 2024 and earlier in 2026, investigations revealed that “nudify” tools continued to appear or be advertised in the App Store, prompting criticism over enforcement gaps. Apple has since taken down batches of violating apps after external reports and user flags.

The San Francisco order gives Apple and Google 28 days to respond and fully address the issue, with potential civil penalties for non-compliance. Advocates have praised the move as a step toward curbing AI-enabled abuse, while noting that similar tools can still proliferate on the open web or through sideloaded software.

Apple’s latest enforcement underscores growing pressure on tech platforms to prevent their stores from becoming distribution channels for tools that weaponize AI against privacy and consent.
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MacDailyNews Take: Users are encouraged to report suspected violating apps directly through the App Store via Apple’s “Report a Problem” page: https://reportaproblem.apple.com


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$11 billion reasons Apple’s App Store tax is worth paying

28 May 2026 at 14:13

Apple publishes its App Store fraud prevention report every year,. And when it does, the company presses the point that its curated system brings much value to developers and customers, including highly effective protection against fraud. It says it prevented more than $2.2 billion in potentially fraudulent transactions in 2025 alone.

A tax worth paying

The company said it has prevented $11.2 billion in such fraud in the last six years. That’s a lot of value for the 15% or lower commission that all but the biggest-selling developers are required to pay on their store sales.

Don’t believe the hype, as most developers are not generating the $1 million a year required before the 30% payment kicks in.

You might reflect that if there is an Apple Tax, it’s a progressive tax in which those with the broadest shoulders help support the wider developer community, which is probably why some tech billionaires don’t like it. 

But I’m not here to write about taxation; I’m here to highlight the value the App Store brings. Apple diligently works to protect customers and developers against the ever-growing threat of cybercrime at a scale few other companies could hope to match. That matters in an environment dominated by ever more sophisticated attacks, including scenarios in which a developer submits a benign app for review and then modifies it once the app is online to commit financial fraud.

More than fraud prevention

It’s not just fraud Apple protects App Store customers from. It also attempts to protect privacy. Look, we know that tech firms now exist for whom privacy is a roadblock to profit; they want to take all your information for free to sell it for money, or worse. Apple stands against this and has done so for years, which is why it is under steady attack by entities that want privacy destroyed to boost their bottom line. Nation states and nation-state-adjacent attacks don’t help in the battle for your private digital life, throwing huge resources at undermining personal protections.

Apple’s report gives you a solid glimpse at the anti-privacy environment. App Store rejected 443,000 app submissions for privacy violations; it also rejected 22,000 apps for holding undocumented anti-privacy features. 

The upshot is that while Apple’s protections aren’t 100% perfect, they’re still industry leading. Where incidents do take place, they are resolved swiftly, and the bait-and-switch approach (in which an app pretends to be benign but carries malware) remains the biggest threat. That’s why customers should always verify they trust a developer before downloading apps.

The threats coming over the hill

The thing is, all of these threats are evolving, and Apple is equipped to evolve in parallel with them. In part, that’s because it has scale, in part because it has that huge 2.2-billion-device ecosystem, in part because the company entered the app store race with deep understanding of how online transactions were evolving in the first place. It didn’t run iTunes for years only to learn nothing.

Coming up over the hill we can see new-breed quantum-based threats. Along with artificial intelligence, that combination will likely spawn a mass attack of AI-generated, malware-infested apps being built and submitted at a record pace. 

We will also likely see increased attacks made against developers in order to extract their Developer ID to help in the submission of such apps. And we will see increasingly sophisticated algorithmic hacks to attack security, identity, and even app ownership. Protecting against those consequential evolutions will be neither easy nor cheap. Doing so will require near state-level protection, a degree of security no small entity can meet. We have no idea if smaller app stores can even visualize such protection — and the EU doesn’t know, either.

In time, hopefully, new businesses will emerge offering quantum-safe security to protect online purchases. But for now, we’ll mostly need to look to large entities such as Apple, or payment services providers, to make the grade. 

Near state-level protection

Will Apple put protection at scale in place to protect against these incoming threats against its App Store? It seems likely, given it is already investing in OS-level mitigations to protect encryption on its services, including around encrypted communications. 

It is also in Apple’s interest to future-proof protection around payment services, ergo also the App Store. At the same time, as Apple’s latest fraud report confirms, the threat landscape remains highly volatile. Time will show that the store’s degree of protection is well worth the cost of Apple’s progressive App Store tax. 

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