Apple loses bid to dismiss Cydia lawsuit over alleged App Store monopoly

Cydia (Image credit: iMore)

What you need to know

  • A court says Apple will have to face a lawsuit filed by the creator of the jailbreak tool Cydia.
  • Apple had argued that the claims of antitrust violations and anticompetitive behavior were time-barred.
  • A judge dismissed the old complaint but allowed a new one to be submitted which Apple will have 21 days to answer.

A lawsuit against Apple filed by the creator of jailbreak tool Cydia will be allowed to proceed with a new amended complaint, a judge has ruled.

In an order handed down Friday, Judge Yvonne Gonzalez Rogers (who also oversaw the Epic Games trial) denied Apple's motion to have the case against it dismissed on the ground's the claims were time-barred.

The ruling states that a new amended complaint filed must be addressed by Apple within 21 days. SaurikIT, the developer behind jailbreak tool Cydia, is suing Apple for violations of federal antitrust laws and competition laws based on the App Store and in-app purchases that Apple uses in iOS 15 and beyond on all of its best iPhones to distribute apps and facilitate payments. The grievances largely fall in line with those of Tim Sweeney and Epic Games. SaurikIT claims that Apple "has created a system where its App Store is the only app store that is available for downloading and purchasing apps on the iPhone, and its in-app purchasing system is the only system for payment processing," claiming a new injury occurs every time a developer agrees to do business with Apple, every time someone buys an iPhone, and with every software update.

The first complaint against Apple was dismissed because it concerned conduct from 2008 and 2009, and the plaintiff has now amended their complaint to allege that Apple is instead complicit in ongoing violations of these laws through "millions" of overt acts that are not time-barred, because they are happening all the time. The Cydia developer claims that between 2008 and 2018 Apple has implemented various software updates that make it impossible to use Cydia on iPhone.

Apple now has three weeks to respond to this amended complaint.

Stephen Warwick
News Editor

Stephen Warwick has written about Apple for five years at iMore and previously elsewhere. He covers all of iMore's latest breaking news regarding all of Apple's products and services, both hardware and software. Stephen has interviewed industry experts in a range of fields including finance, litigation, security, and more. He also specializes in curating and reviewing audio hardware and has experience beyond journalism in sound engineering, production, and design.

Before becoming a writer Stephen studied Ancient History at University and also worked at Apple for more than two years. Stephen is also a host on the iMore show, a weekly podcast recorded live that discusses the latest in breaking Apple news, as well as featuring fun trivia about all things Apple. Follow him on Twitter @stephenwarwick9

  • Not only has Apple gone out of their way to be the only app store, but Apple has even gone out of their way to not allow other browsers to run game streaming platforms. Even though Apple created that problem by not allowing other game platforms on iOS. Yet Apple created their Apple Arcade after Epic approached Apple looking to create their own gaming platform on iOS. This is truly some evil crap on Apple's part. Then many other gaming platforms wanted to create an app on iOS that would allow their game streaming platforms on iOS, but Apple naturally created their own new app policies to really stop game streaming platforms. Those game streaming platforms got together and were going to go after Apple. Apple knew they didn't have a leg to stand on, and were going to lose in court. So then Apple decided to allow web apps to run game streaming platforms, even though Apple only allows their Safari browser to run those game streaming platforms. No other browser is allowed to run those web apps. Apple has gone out of their way to hinder and stop web apps from running as the web standards were laid out back in 2014. Since Apple only allows their Safari browser to run these game streaming platforms to run under their browser. Then that is truly some evil manipulation on Apple's part.
  • It’s not about having a leg to stand on. It’s about a user’s privacy and security, and not allowing a malicious game website to hijack a person’s iPhone. You must work for Epic.