#TheWeeklyRoundUp - 07.07.23

Epic says there are no grounds for further delaying US injunction against Apple's anti-steering provision (Complete Music Update)

Epic Games has urged the US Ninth Circuit Appeals Court to reject a request by Apple to further postpone an injunction that bans the tech giant's often controversial anti-steering provision. Epic claims that Apple, in its recent arguments in favour of such further postponement, "scraped the very bottom of the barrel and came up empty".

Fortnite maker Epic has been pursuing legal action against Apple, of course, in relation to the latter's App Store rules. In particular the rule that says in-app payments on iOS devices must use Apple's commission-charging transactions system. And the accompanying anti-steering provision, which bans app makers from sign-posting alternative payment options online, for example via a web page.

In litigation pursued through the Californian courts, Epic claimed that those rules violate competition law, presenting arguments in relation to both US-wide federal and Californian state law. In the main those arguments proved unsuccessful, but the district court judge hearing the case did agree that the anti-steering provision violated Californian unfair competition law.

And to that end she issued an injunction ordering that that particular rule no longer be enforced. However, both Epic and Apple then decided to take the dispute to the Ninth Circuit Appeals Court, so the injunction was paused while those appeals went through the motions.

In the end, the Ninth Circuit pretty much upheld the lower court's ruling, including the injunction against the anti-steering provision. And last week judges in the appeals court declined a request from both parties to reconsider that judgement.

Earlier this week Apple went back to the Ninth Circuit confirming that it now intends to take the decision regarding its anti-steering provision to the US Supreme Court. And with that in mind, it believes the injunction regarding that provision should remain paused while it goes through that process.

Responding to that, Epic says in a new court filing that - to justify further postponing the injunction - there must be "reasonable probability" that the Supreme Court will consider the case; "significant possibility" that Supreme Court judges could reverse the lower court's decision; and "likelihood that irreparable harm will result if is not stayed".

Epic then argues that there is "no realistic prospect" that the Supreme Court will hear the case, "much less reverse" the rulings made by the lower courts. Therefore there are no grounds for further delaying "an injunction that should have taken effect more than a year ago".

Elsewhere, Epic again disputes Apple's claim that without the anti-steering provision it will not be able to "protect users from fraud, scams, malware, spyware and objectionable content". The content that apps will link to is already accessible via an iOS device - for example via a web browser. So, "Apple is not protecting users; it is protecting its bottom line".

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Iconic Kwaito record label Kalawa Jazmee's story to be told in docu-series (channel 24) The story of iconic Kwaito record label Kalawa Kazmee will be told in an upcoming four-part documentary series scheduled to air on Mzansi Magic (DStv 161) in August. "After a fierce rivalry in South African music history, how did two warring sworn enemies become one label? The story of Kalawa Jazmee will explore the rivalry between two of South Africa's most iconic music labels: Kalawa and Jazmee," a press statement reads. Kalawa (formed by Christor, Don Laka, Sebitlo and Oskido) merged with Jazmee (formed by Trompies members Jakarumba and Eugene along with Mojalefa, Sibiki and Mofokeng) in 1994 to form Kalawa Jazmee Records, which took the country into its golden era of music. Since its inception, the record label has been home to prolific artists and groups such as Boom Shaka, Mafikizolo, B.O.P, Bongo Maffin, Profesor, Uhuru, Zonke, DJ Zinhle, Black Motion, Busiswa, Vigro Deep and more. Per the statement, the docu-series, using reenactments from their younger days, will follow the story of how the two labels fought over ownership of hit 90s song Sigiya Ngengoma and its impact on the music industry and culture. It will also take viewers behind the scenes of South African music and transform what they think about the music genre. "Throughout its almost three-decade-rich history, Kalawa Jazmee Records has been a major contributor to the South African music industry, pushing the boundaries of sound and culture and producing some of the most iconic songs that have become part of the South African soundscape," M-Net's local entertainment channels director Shirley Adonisi said. "We are excited about the upcoming show and look forward to sharing the story of this iconic label with viewers."