Apple Argued Safari Is Three Different Browsers to Avoid Regulation

[MacRumors]

Apple recently claimed that Safari is three different browsers in effort to avoid regulation in the European Union (via The Register).

The claim came as part of a response to the European Union in August, just before the European Commission designated many of Apple's iOS, App Store, and Safari as gatekeeper platforms. This classification means that Apple now has to ensure that these platforms fall in line with the Digital Markets Act's requirements, such as allowing browser engines other than WebKit and the installation of third-party app stores.

It has now emerged that after being informed that Safari was likely to fall under the DMA's regulations, Apple filed formal a response to the European Union claiming that Safari is, in fact, "three distinct web browsers." The company's claim is based on the argument that Safari for iOS, iPadOS, and macOS are entirely different and serve different purposes.

On example cited by Apple is Safari's sidebar feature on iPadOS and macOS, allowing users to see opened tabs, tab groups, bookmarks, and browsing history. Since this feature is unavailable in the version of Safari for iOS, Apple claimed that it is a distinctly different browser. The company added that each version of Safari serves different purposes for users depending on the device upon which it is accessed.

The European Commission went on to point out that Safari's functionality and underlying technologies are near-identical across platforms. The Commission even highlights Apple's own marketing materials for its Continuity feature, which appear to contradict the company's claims, touting the tag line "Same Safari. Different device." As a result, the Commission rejected Apple's claim and insists that "Safari qualifies as a single web browser, irrespective of the device through which that service is accessed."

Apple is now obliged to ensure that Safari adheres to the DMA's requirements, such as by allowing non-WebKit-based browsers on iOS and iPadOS. Companies that do not adhere to the new regulations risk facing EU investigations, substantial fines, and the imposition of "behavioral or structural remedies." The fines can amount to 10 percent of a company's global turnover, with a 20 percent penalty for repeat violations. Questions remain about whether Apple's argument about Safari being three different browsers violates the DMA's Anti-Circumvention provision that forbids subdividing a platform's market share to avoid regulation.

Article Link: Apple Argued Safari Is Three Different Browsers to Avoid Regulation

 

[erikkfi]

If people want to install non-WebKit browsers on your non-Mac platforms, let them, Apple. Quit dragging your feet.

 

[MrMacintoshIII]

Childish even by apple’s standards.

 

[WiiDSmoker]

I'm also three different people.

 

[gpat]

Absurd response for an absurd lawsuit. It's pure comedy from both parts at this point.

 

[TVreporter]

Next up: The iMac is 7 different computers… each colour produces a different effect on its users!

 

[MrMacintoshIII]

I'm also three different people.

Me too, depending on the side of the bed I woke up on.

 

[eropko]

Other engines = security issues on the platform + tracking.

 

[Hastings101]

Thank you EU for doing what the rest of the world can't be bothered to do.

 

[Fuzzball84]

This is just typical corporate company lawyer thinking and work.

It’s hilarious, the arguments put forward by various corporate entities regarding situations like this. But it usually works… it’s all technicalities and intricacies… usually with a nice big topping of corporate BS. So it becomes hilarious when the smart and sensible see it for what it is, and absolutely demolish it.

Pay a lawyer enough, and they can argue anything for you.

 

[eropko]

Just ditch EU market, oversaturate neighbour countries and watch how they quickly take all their demands back after europeans had to gray import Apple for couple years.

 

[surfzen21]

I've been arguing to my girlfriend that I am really three separate people and therefore should have two additional girlfriends.

Maybe I need Apple's lawyers to draft a memo to her on my behalf.

 

[TheToolGuide]

I honestly don’t really care. A majority of people use Chrome on all of their platforms. They aren’t blocked just not the default browser. Back in the 90s this was a big deal with explorer and Netscape Navigator as it was seen as a monopoly. The argument is still valid but the affects are way diminished. Explorer would’ve totally dominated the data collection if it had won. Now chrome has a huge dominance in the market.

I don’t care if they give us options at setup for which browser. I would only require that if there is going to be a choice that the browser that is chosen is 100% not taking any data from the user or sharing it. Apple, IMO, does a much better job of doing this than any other browser.

If there’s regulation that should support this it should also indicate that the browser can not collect any data what so ever.

 

[mdnz]

Just give us sideloading Apple, stop delaying the inevitable.

 

[eropko]

Just give us sideloading Apple, stop delaying the inevitable.

Why do you need it

 

[nikusak]

Google’s stranglehold of web browser technology will be complete once EU forces Apple to allow third party engines on iPhone. At the moment, Safari is the only real world alternative for Google’s technology.

Google will release native Chromium, and Chrome and Edge will start using it.

Well done, EU, especially when they are doing this to “foster innovation and competition” 😂

EU is delusional if they think that new web browser engines will emerge because of this. They do not emerge even now; not for Windows, not for Mac, not for Android. Even Microsoft gave up the development of their own because it’s insanely complex.

I find it amusing that MacRumours forum members are actually rooting for this.

 

[Fuzzball84]

Just ditch EU market, oversaturate neighbour countries and watch how they quickly take all their demands back after europeans had to gray import Apple for couple years.

Have you seen what’s happening to neighboring counties around the EU at the moment?

In any case the EU is one of the most advanced and richest trading blocs… cutting off your arm and leg isn’t going to do any good.

 

[Phantom iCloud tabs]

I honestly don’t really care. A majority of people use Chrome on all of their platforms. They aren’t blocked just not the default browser. Back in the 90s this was a big deal with explorer and Netscape Navigator as it was seen as a monopoly. The argument is still valid but the affects are way diminished. Explorer would’ve totally dominated the data collection if it had won. Now chrome has a huge dominance in the market.

I don’t care if they give us options at setup for which browser. I would only require that if there is going to be a choice that the browser that is chosen is 100% not taking any data from the user or sharing it. Apple, IMO, does a much better job of doing this than any other browser.

If there’s regulation that should support this it should also indicate that the browser can not collect any data what so ever.

The issue is that Chrome is not really available on iOS. Sure you can download a Google-coded app called "Chrome" in the App Store, but the underlying technology is entirely different: it uses webkit and is basically a skinned version of Safari. The issues being contested by the EU and Apple are about whether Apple will have to allow the full, real (chrome-based) browser on iOS. There are arguments on both sides as to whether opening up iOS in this way would be a good or a bad thing. But if Apple does end up allowing it, it will likely be just for the European market.

 

[nikusak]

Why do you need it

To spread harmful apps and pirated games.

99,9% of people don’t need it. But it seems EU is hell bent on turning iOS into Android like cesspool if garbage and there is no stopping them.

 

[eropko]

Have you seen what’s happening to neighboring counties around the EU at the moment?

In any case the EU is one of the most advanced and richest trading blocs… cutting off your arm and leg isn’t going to do any good.

And they will still be buying, but on gray market for x1.5 price. This will quickly make them push their authorities to retract demands. Demand for Apple tech isn't dropping when Apple pulls out.

 

[Fuzzball84]

And they will still be buying, but on gray market for x1.5 price. This will quickly make them push their authorities to retract demands. Demand for Apple tech isn't dropping when Apple pulls out.

Most of these demands are actually mostly reasonable.

 

[eropko]

Most of these demands are actually mostly reasonable.

Some being reasonable doesn't give EU right to force the unreasonable ones.

Good job on USB-C, but this one is bs.

 

[Bustycat]

Apple reinvented the three browsers.

 

[DFZD]

Apple’s focus on user control on iOS reminds me of that Shyamalan flick - The Village. It scares the shots out of its users and doesn’t realise that a good chunk of them also use their Desktop OS.

 

[nvmls]

Other engines = security issues on the platform + tracking.

And yet people prefer them over Safari, Apple must be doing a great job.