The App Store logo is seen next to the Epic Games Store logo on two screens. Epic, maker of the popular game “Fortnite,” wants to sell digital items in its apps without giving a cut of the purchase price to Apple.
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Apple was dealt a blow in the U.S. Court of Appeals for the Ninth Circuit on Wednesday, as a panel of judges denied the company’s emergency application to halt changes to its App Store that resulted from the company’s legal battle with Epic Games.
Apple “bears the burden of showing that the circumstances justify an exercise of [our] discretion,” according to the order. “After reviewing the relevant factors, we are not persuaded that a stay is appropriate.”
Last month, the iPhone maker asked the appeals court to pause an order from U.S. District Judge Yvonne Gonzalez Rogers that said that Apple could no longer charge a commission on payment links inside its apps nor tell developers how the links should look.
Apple said the ruling from the judge could cost the company “substantial sums.”
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The ruling has already shifted the economics of app development in the U.S. Developers including Amazon and Spotify have been able to update their apps to avoid Apple’s 15% to 30% commission and direct customers to their own websites for payment.
Amazon’s iPhone Kindle app now shows an orange “Get Book” button that links to Amazon.com.
The rejection of Apple’s stay signals that recent changes under the order can stay in place. Apple CEO Tim Cook has said that Apple would appeal Rogers’ ruling.
In April, Rogers found that Apple had violated her original court order from the Epic Games trial, which was originally decided in 2021, that forced Apple to make limited changes to its link-out policy. She issued a new, more expansive ruling, that told Apple to immediately stop imposing its commissions.
The judge also alleged that Apple had misled the court.
“We are disappointed with the decision not to stay the district court’s order, and we’ll continue to argue our case during the appeals process,” an Apple spokesperson said in a statement. “As we’ve said before, we strongly disagree with the district court’s opinion. Our goal is to ensure the App Store remains an incredible opportunity for developers and a safe and trusted experience for our users.”
“The long national nightmare of the Apple tax is ended,” Epic Games CEO Tim Sweeney posted on social media.
OpenAI CEO Sam Altman speaks to members of the media as he arrives at a lodge for the Allen & Co. Sun Valley Conference on July 8, 2025 in Sun Valley, Idaho.
The reach for additional capacity aligns with OpenAI’s desire for more computing power to meet heavy demand after initially relying exclusively on Microsoft for cloud capacity. The two companies’ relations have evolved since then, with Microsoft naming OpenAI as a competitor last year.
Both companies sell AI tools for developers and offer subscriptions to companies.
OpenAI has added Google to a list of suppliers, specifying that ChatGPT and its application programming interface will use the Google Cloud Platform, as well as Microsoft, CoreWeave and Oracle.
The announcement amounts to a win for Google, whose cloud unit is younger and smaller than Amazon‘s and Microsoft‘s. Google also has cloud business with Anthropic, which was established by former OpenAI executives.
The Google infrastructure will run in the U.S., Japan, the Netherlands, Norway and the United Kingdom.
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Last year, Oracleannounced that it was partnering with Microsoft and OpenAl “to extend the Microsoft Azure Al platform to Oracle Cloud Infrastructure” to give OpenAI additional computing power. In March, OpenAI committed to a cloud agreement with CoreWeave in a five-year deal worth nearly $12 billion.
Microsoft said in January that it had agreed to move to a model of providing the right of first refusal anytime OpenAI needs more computing resources, rather than being its exclusive vendor across the board. Microsoft continues to hold the exclusive on OpenAI’s programming interfaces.
Sam Altman, OpenAI’s co-founder and CEO, said in April that the startup, which draws on Nvidia graphics processing units to power its large language models, was facing capacity constraints.
“if anyone has GPU capacity in 100k chunks we can get asap please call!” he wrote in an X post at the time.
Reuters reported in June that OpenAI was planning to bring on cloud capacity from Google.
Elon Musk interviews on CNBC from the Tesla Headquarters in Texas.
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In May, Tesla changed its corporate bylaws in a way that would require investors to own 3% of the stock, today worth about $30 billion, in order to file a derivative lawsuit against the company for breach of fiduciary duties. Authorities in New York State are now asking Tesla to delete the bylaw entirely.
Overseers of the New York State Common Retirement Fund, which owns about 0.1% of Tesla’s shares, submitted a formal proxy proposal and letter to the company on July 11, and shared it with CNBC on Wednesday. They say that Elon Musk’s automaker engaged in a “bait-and-switch” to convince shareholders to approve an incorporation move from Delaware to Texas in June 2024.
Musk made the move after a judge in Delaware voided the $56 billion pay package that the CEO, also the world’s richest person, was granted by Tesla in 2018, the largest compensation plan in public company history. In getting shareholders to approve the change in its state of incorporation, Tesla said that stakeholders’ rights “are substantially equivalent” under the laws of Delaware and Texas.
On May 14, almost a year after Tesla’s move, Texas changed its law to allow corporations in the state to require 3% ownership before being able to carry forth a shareholder derivative suit.
“The very next day, Tesla’s board amended the Company’s bylaws to the maximum allowable 3% ownership threshold, effectively insulating the Company’s directors and officers from accountability to shareholders,” the New York letter says. The letter was signed by Gianna McCarthy, a director of corporate governance with the retirement fund, on behalf of the fund and New York State Comptroller Thomas DiNapoli.
Only three institutions currently own at least 3% of Tesla’s outstanding shares.
Tesla didn’t immediately respond to a request for comment.
The New York fund overseers wrote that derivative actions are “the last resort for shareholders to enforce their rights” when company directors or officers violate their fiduciary obligations, and called Tesla’s decision on the matter “egregious.”
In an email to CNBC, DiNapoli said Tesla “deceived shareholders” in assuring them that their rights would remain the same in Texas.
“These actions violate basic tenets of good corporate governance and must be reversed,” he wrote.
Peter Thiel, president and founder of Clarium Capital Management LLC, holds hundred dollars bills as he speaks during the Bitcoin 2022 conference in Miami, Florida, U.S., on Thursday, April 7, 2022.
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The current wave of interest in Ethereum and related assets follows an announcement by Robinhood that it will enable trading of tokenized U.S. stocks and ETFs across Europe, and a groundswell of interest in stablecoins throughout June following Circle’s wildly successful IPO and ongoing progress in Congress on the Senate’s proposed stablecoin bill, the GENIUS Act.
The price of ether itself also continued its rally, up more than 4% Wednesday. The coin has doubled in price in the past three months.
Thiel is a venture capitalist and hedge fund manager best known as a cofounder of both PayPal and Palantir and an early investor in Facebook. Founders Fund was an investor in Tagomi, the crypto brokerage acquired by Coinbase in 2020, and Polymarket, the prediction market built on Ethereum.
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