Apple readying for legal battle against European Union's App Store regulations

Posted:
in iOS

Apple is drafting an appeal against the EU's Digital Market Act, arguing that it should not be required to allow alternative app marketplaces on its devices.

European Union flags
European Union flags



The Digital Markets Act (DMA) of the European Union is a series of regulations aimed at tech giants like Amazon, Apple, Google, and others. These laws aim to ensure fair competition by restricting the amount of priority a company can give to its own first-party services.

Apple will also argue that iMessage, its on-device messaging service exclusive to Apple users, shouldn't be scrutinized by regulators.

According to Bloomberg, Apple's legal team is preparing an assault against the provisions of the law. Apple's appeal is reportedly still in draft form and could change before the Nov. 16 deadline to file challenges at the EU's General Court.

Primarily, Apple is said to be focusing on iMessage not being large enough to count as a gatekeeper, in accordance with the law. It will also include a discussion about specifically what about the App Store needs to be regulated, and how.

In March 2022, the European Union published the Digital Markets Act. It went into effect May 2023.

In September, European Commissioner Thierry Breton said the Digital Markets Act is just the beginning, and Apple would need to open its whole ecosystem to competitors.

However, in the same month, Apple's iMessage and Microsoft's Bing were removed from compliance with the EU's Digital Markets. Apple argued that its iMessage service is too small in Europe to come under the law's conditions.

Read on AppleInsider

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Comments

  • Reply 1 of 26
    gatorguygatorguy Posts: 24,088member
    Worth mentioning is an appeal by Apple won't have any effect on the compliance date. The Digital Markets Act requires Apple to meet the requirements by March 2024.
    nubusdarkvaderchasmctt_zhFileMakerFeller
  • Reply 2 of 26
    darkvaderdarkvader Posts: 1,146member
    Apple needs to give up this one.

    It's insane that I can't load whatever software I want on MY iPhone from whatever source I choose.

    Hopefully once they're forced to do the right thing in Europe they'll go ahead for the rest of the world too.
    williamlondonctt_zh
  • Reply 3 of 26
    darkvader said:
    Apple needs to give up this one.

    It's insane that I can't load whatever software I want on MY iPhone from whatever source I choose.

    Hopefully once they're forced to do the right thing in Europe they'll go ahead for the rest of the world too.
    /s
    What’s insane is that
    1) Apple hid the fact that all the apps must be downloaded from their App Store
    2) Never allowed side loading or jailbreaking
    3) Forced users to purchase their gear
    4) Prohibited other platforms 
    /s

    It’s a shame more thought wasn’t given into what you’re getting when you bought your iPhone 
    edited November 2023 JaiOh81williamlondonwatto_cobranapoleon_phoneapartpurplepearFileMakerFeller
  • Reply 4 of 26
    chasmchasm Posts: 3,227member
    Broadly speaking more interoperability would benefit users, but in some areas the EU is likely going o far, and specifically I think the iMessage squabble is one of those areas. Once the telecom and computer industries AS A GROUP have decided on a replacement for SMS/MMS, then that should be implemented across platforms as Apple DID do with SMS/MMS.

    Android users have NO barrier to communicating with iPhones, and iPhones have NO barrier to communicating with the myriad world of Android phones. SMS/MMS may or may not need replacing, but the legislation is an imposed solution in search of an at present nonexistent problem.
    badmonkforegoneconclusionwilliamlondonwatto_cobraFileMakerFeller
  • Reply 5 of 26
    gatorguygatorguy Posts: 24,088member
    chasm said:

    Android users have NO barrier to communicating with iPhones, and iPhones have NO barrier to communicating with the myriad world of Android phones. 

    If you or the Android users are happy with the cross-platform lack of privacy, security, and continuity, then sure, they can talk to each other.

    Wouldn't it be nice though if Android users could maintain the E2EE that Google gives them, even when an iPhone Apple Messages user enters the conversation and vice-versa? As it is both sides give up their security and privacy when the two sides try to message each other. and it all reverts to SMS. 

    That cross-platform encryption problem gets solved with the pending standard Messaging Layer Security which is already being adopted and ready to integrate by the March deadline.
    https://datatracker.ietf.org/doc/html/rfc9420

     But if the worlds richest and most powerful technology company, a company that pushes the industry where it wants it to go, is allowed to go its own independent way things will remain as they are: A leaky sieve using decades-old insecure messaging standards. And worse it's just because of the money Apple can make with lock-in. It does not make the users more secure or their conversations more private. 
    edited November 2023 ctt_zhFileMakerFeller
  • Reply 6 of 26
    I don’t understand this. People buy iPhones for the security. The App Store is so popular and successful because people know they can trust it. Yes, scam apps do slip though but it’s insanely simple to get a refund. If people want to side load or use alternative app stores but a phone from any one of the dozens of companies that make smart phones. If you don’t want to live inside the walled garden then don’t buy an iPhone. Nobody is forced to buy apple products. 
    foregoneconclusionwilliamlondonwatto_cobraFileMakerFeller
  • Reply 7 of 26
    avon b7avon b7 Posts: 7,511member
    JaiOh81 said:
    I don’t understand this. People buy iPhones for the security. The App Store is so popular and successful because people know they can trust it. Yes, scam apps do slip though but it’s insanely simple to get a refund. If people want to side load or use alternative app stores but a phone from any one of the dozens of companies that make smart phones. If you don’t want to live inside the walled garden then don’t buy an iPhone. Nobody is forced to buy apple products. 
    If that is why people buy iPhones then there is nothing for them to worry about because they would not even dream of installing a third party app store. 

    You are wrong though because people will install third party app stores. Maybe not all people but there are definitely those who will and there is the real possibility that some app stores may be safer than Apple's.

    WHY should Apple choose for you what you can install or not? 


    muthuk_vanalingam
  • Reply 8 of 26
    avon b7 said: WHY should Apple choose for you what you can install or not? 
    The determining factor for EU regulation is SIZE only. You can do all the things that the EU calls "anticompetitive" with Apple and others long as you're slightly smaller than what the EU chooses as the dividing line. So ultimately it has nothing to do with an EU opposition to companies choosing what customers can install etc. There's no actual change to what the EU considers to be acceptable behavior beyond SIZE. 
    edited November 2023 watto_cobradanoxbeowulfschmidt
  • Reply 9 of 26
    JaiOh81 said:
    The App Store is so popular and successful because people know they can trust it. 
    Plus, the vast majority of apps that are financially successful in the App Store will be available on other non-Apple platforms as well. Cross platform development is the norm for companies that want to maximize their revenue. 
    williamlondonwatto_cobra
  • Reply 10 of 26
    iMessage I can understand; WhatsApp is super popular in the EU and perhaps iMessage doesn’t hit that threshold.

    But regardless, Apple should give up and comply. It’s an EU law.
  • Reply 11 of 26
    Ridiculous.

    Allowing side loading of Apps will reduce the privacy/security of ALL iOS users, even if they never install Apps from 3rd party stores.

    Google are looking for another antitrust suit if they think Apple should use RCS while refusing to let WhatsApp use their APIs so they could also integrate RCS. All while also having a special deal with Samsung.

    Google doesn’t care about consumers. They want Apple to help them succeed in the messaging space after 15 years and a dozen attempts at trying to make a successful messaging platform.

    Apple should announce they’ll support RCS as soon as Google open their APIs to 3rd party Apps. Then watch them squirm.
    tmay
  • Reply 12 of 26
    avon b7avon b7 Posts: 7,511member
    avon b7 said: WHY should Apple choose for you what you can install or not? 
    The determining factor for EU regulation is SIZE only. You can do all the things that the EU calls "anticompetitive" with Apple and others long as you're slightly smaller than what the EU chooses as the dividing line. So ultimately it has nothing to do with an EU opposition to companies choosing what customers can install etc. There's no actual change to what the EU considers to be acceptable behavior beyond SIZE. 
    Size is an important factor. There is no getting away from that. It is what allows gatekeepers to harm competition. 

    It is worth noting that Apple actually benefitted from not being so important for many years, effectively allowing it to fall under the radar. 

    As is to be expected, once you hit a certain size, that will be one of the factors puts you into a position of scrutiny. 
    ctt_zhmuthuk_vanalingamFileMakerFeller
  • Reply 13 of 26
    jimh2jimh2 Posts: 585member
    When I don’t like the rules or limitations set forth by a company when considering purchasing their products I don’t buy then complain, litigate, or get the government involved. 
  • Reply 14 of 26
    By forcing the opening of the eco system the EU is restricting my ability to choose a platform free of these outside encumbrances 
  • Reply 15 of 26
    Apple may be big, but the EU is bigger.  The perpetual bully will have a taste of its own medicine…again.  And unlike American politics, Apple can’t bribe their way out of it with lobbyists and corporate donations.  The EU simply isn’t the same kind of corporate cesspool that America is.
    edited November 2023 Skeptical
  • Reply 16 of 26
    darkvader said:
    Apple needs to give up this one.

    It's insane that I can't load whatever software I want on MY iPhone from whatever source I choose.

    Hopefully once they're forced to do the right thing in Europe they'll go ahead for the rest of the world too.

    You can’t download whatever software you want on your Xbox or car either. 
    edited November 2023 FileMakerFeller
  • Reply 17 of 26
    s.metcalf said:
    Apple may be big, but the EU is bigger.  The perpetual bully will have a taste of its own medicine…again.  And unlike American politics, Apple can’t bribe their way out of it with lobbyists and corporate donations.  The EU simply isn’t the same kind of corporate cesspool that America is.
    The EU isn’t really that big of a market for Apple. 
  • Reply 18 of 26
    gatorguy said:
    Worth mentioning is an appeal by Apple won't have any effect on the compliance date. The Digital Markets Act requires Apple to meet the requirements by March 2024.
    That maybe so, but it will be tough getting investment for an alternative store for the Apple platform while Apple is appealing the legality of it.  Imagine opening a new store on the Apple platform and Apple wins its appeal?
    ericthehalfbee
  • Reply 19 of 26
    Apple = Google = Evil. 
  • Reply 20 of 26
    s.metcalf said:
    Apple may be big, but the EU is bigger.  The perpetual bully will have a taste of its own medicine…again.  And unlike American politics, Apple can’t bribe their way out of it with lobbyists and corporate donations.  The EU simply isn’t the same kind of corporate cesspool that America is.
    That is just delusional, The EU is being bribed and lobbied by the likes of Epic, Spotify and greedy devs that would likely not have had successful businesses at all without the App Store and iPhone eco system in the first place.

    And they certainly would not be taking home 70-85% of sales made in the previous business models. 
    beowulfschmidt
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