The Software and Information Industry Association (SIIA) has filed an amicus brief in Epic Games v. Apple, now before the Ninth Circuit, arguing that the district court’s new injunction against Apple’s App Store violates the U.S. Constitution. The brief warns that prohibiting Apple from charging commissions on “linked-out” purchases amounts to an uncompensated taking of property interests protected by the Fifth Amendment. SIIA stresses that this approach threatens fundamental rights relied upon by software and digital sales platforms, including contracts, patents, and proprietary systems.

The brief also argues the injunction raises serious First Amendment concerns. By forcing Apple to carry third-party promotional links it wishes to exclude while blocking Apple’s own truthful messaging about external purchases, the order imposes unconstitutional speech mandates and restrictions. SIIA urges the Court to recognize these constitutional flaws, warning that upholding the injunction would undermine legal protections critical to the software industry.