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It's not about the minibar. Minibar usage is optional. Having a roof over your head isn't. And if you're the only one (or two) landlords controlling the entire housing stock in the market or country, prepare for government rent controls and non-discrimination regulation faster than you can say "c®ook".


It's not "use" of property, really - since the "use" of functionality in Apple's iOS devices costs Apple ...nothing. Zero. Once the hardware device has been purchased by the consumer.

And if you believe they have "every right": no, they shouldn't have it. Apple's rights should be curtailed and/or stripped of them, if they the operate in a duopoly of operating systems and are not providing "use" or access to their platform on reasonable terms.
All I see is if, if and if. Apple does not operate in a duopoly. The cell phone market is healthy and rife with competition. Anyone can enter the market. All it takes are brains, muscle and financing.

In the meantime apple does have every right and you have every right to not buy their products.
 
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Apple does not operate in a duopoly.
They do. There's a duopoly for cell phone operating systems.
And Apple themselves has (in the EU: used to have) a monopoly on digital sales to consumers, once customers have committed to their platform (iOS).
The cell phone market is healthy and rife with competition
...and the ones for their operating systems and application stores are not.

We can have as many rounds more of that as you like.
 
I think a closed system (iOS) and an open system (android) should compete to see which system is the one that people generally prefer. Clearly, a closed system hasn't lost so it absolutely has value in the market.

Converting a closed system to an open system is quite effectively reducing choice in the market. How is that a good idea for consumers?

What we need isn't regulation on existing platforms but generous incentives to new platforms to compete against current closed and open source platforms.
the openness of a system, the ability of anyone being able to make for it if they wish, the ability for any dev or manufacturer to compete, the ability to use your own device as you see fit without the company you got it from insisting you do what they want you to do with it, isn’t a choice for people to make. It should be a given. Note: nobody is saying Apple can’t keep doing what they do - it’s just they must let others have the same abilities as they do.

if competition is what you're looking for, regulating the only 2 platforms in existence is hardly the solution.
It’s the only solution, and I can’t believe that that’s not obvious to you.
 
They do. There's a duopoly for cell phone operating systems.
They don’t. Please cite relevant case law.
And Apple themselves has (in the EU: used to have) a monopoly on digital sales to consumers, once customers have committed to their platform (iOS).
This is true. Apple controls their platform. Been saying it for years now.
...and the ones for their operating systems and application stores are not.
It is.
We can have as many rounds more of that as you like.
:rolleyes:
 
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They can easily lower their profit margins instead.

That's not how capitalism works lol
You may as ban publicly traded companies from operating in your country. The whole point of targeting profit margins is to primarily satisfy shareholders.

It's more about competition for related products and services (e.g. sales and distribution of apps and in-app functionality, streaming services etc.) than competition in the primary market (operating systems).

having more phones with competing operating systems would solve that actually.
 
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the openness of a system isn’t a choice for people to make.

wrong. plenty of people DONT want an open system. example: my mom wants the simplest phone possible. it's a valid assumption that millions of people want the same. and a closed system is infinitely easier than an open system.

It’s the only solution, and I can’t believe that that’s not obvious to you.

Except it's not. Obviously you're wrong.
 
It's not "use" of property, really - since the "use" of functionality in Apple's iOS devices costs Apple ...nothing. Zero. Once the hardware device has been purchased by the consumer.
Just because it isn't physical property doesn't mean it's not owned by Apple. If Apple took away the APIs they created and maintained apps wouldn’t work. Just because you wish that wasn't the case doesn't mean it isn't the case.

And if you believe they have "every right": no, they shouldn't have it. Apple's rights should be curtailed and/or stripped of them, if they the operate in a duopoly of operating systems and are not providing "use" or access to their platform on reasonable terms.
Enough with the duopoly red herring. That's not what the DMA says. If Apple had the same marketshare in the EU and Android was instead three different mobile operating systems each with a vibrant app ecosystem and with 25% marketshare, the DMA would still apply to Apple. Because market share isn't a category for being designated a gatekeeper. (Because, you're not dominant in your market in the EU unless your marketshare is over 40% and again, the E.U. pre-determined Apple was guilty and then wrote the law to ensure Apple was impacted). It's revenue and number of users (or in the case of iPadOS - because the EU says so even if they don’t meet the conditions written into the law).
 
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wrong. plenty of people DONT want an open system. example: my mom wants the simplest phone possible. it's a valid assumption that millions of people want the same. and a closed system is infinitely easier than an open system.
What? Nonsense. It makes no difference. If Apple allowed other manufacturers to make a watch that could access the same level of functionality as their own brand - what on earth does it have to do with your mom? She can buy an Apple Watch. Or a wide variety of other choices. Or none at all.

She could open the phone and operate it as she does now - there is no need to use any other stores or use any other method of installing apps.

Being open isn’t just about what you seem to think it’s about.
 
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What? Nonsense. It makes no difference. If Apple allowed other manufacturers to make a watch that could access the same level of functionality as their own brand - what on earth does it have to do with your mom?
I literally explained, she wants the simplest experience. If you want a watch, get an Apple Watch. Simple.

In this world today, me and my brother agree that Apple Watch is the best watch for her because she has an iPhone.

In your world, my brother would recommend the Samsung Watch because he's a Samsung fanboy and supposedly a Samsung watch would adopt a lot of what Apple Watch can do (maybe Samsung doesn't want to adopt HealthKit and rolls out their own Samsung HealthyKit). Meanwhile I would recommend the Apple Watch to her because Apple Watch will support all the functions that Apple dictated on the platform. Complicated. Which son should she believe?

Closed system = simple. It's not nonsense, and it makes a ton of difference.
 
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In this world today, me and my brother agree that Apple Watch is the best watch for her because she has an iPhone.
Maybe it would remain the best. But as it stands now it’s the best because Apple limit what anyone can do with a similar product. It’s the best by default. It’s the best because it’s the only one even allowed to be. I’m sorry for your mom, obviously, but it’s not right a company can wield that much power over the competition.
 
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Neither is it singularly focused (as a laser) on Apple, nor is it focused on reducing profit.
They could reduce profits much simpler by introducing a digital tax or something.

It‘s about enabling and safeguarding competition in digital markets (that are not competitive).
Now you’re starting to see it! :) I agree, they could have the reduced profits of those companies by introducing a digital tax, but that would have sent a chilling effect across the ENTIRE EU market. “We can, at any time, punish you if you’re successful selling goods/services to EU citizens,” is not a message they wanted to send… that kind of regulation was successful in driving European companies out of the EU, it would have certainly had the same effect on non-EU companies. Not to mention, taxes would have been fair, indiscriminate, and affected far more companies than just American companies (lots of EU companies deal in digital goods, like Spotify). So, the regulators instead just created the term “gatekeeper” and tried to define punishments that they HOPED would cause a loss of profits. That hoping part is where it fell apart. Perhaps if they’d had more time, they would have done a better job, but with the end of Vestager’s term looming, they had to throw out their poorly written legislation. And, because they didn’t take into account the myriad ways companies can, within already existing regulations, profit from their R&D, they didn’t foresee that Apple would take advantage of those other regulations in meeting the expectations of the DMA with a minimal loss of profits.

The clock has almost run out on Vestager. As they can’t even update the DMA to actually define HOW the iPad is a “gatekeeper”, they certainly don’t have enough time to make any more substantive changes. The DMA, riddled with loopholes, had not had the expected goal and, as a result of how poorly defined it is, it’s had the effect of forcing companies to delay the release of new features until they can get a definition of how those features should be implemented in the region to avoid punishing regulations.
 
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Maybe it would remain the best. But as it stands now it’s the best because Apple limit what anyone can do with a similar product.
again, what's best for my mom is the simplest solution. the moment you have to compare Samsung against Apple Watch, you've already lost her (along with millions of other customers).
 
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Who said it didn’t matter? When you purchase a Honda civic did you know ahead of time it couldn’t tow a 10,000 lb load? You have two weeks to return the iPhone. (Maybe more in the eu)

Laws and rulings say it doesn't matter. Agreements between Google and various browser companies, agreements between Microsoft and various computer OEMs and consumers, etc. didn't matter in the decision to rule Google and Microsoft as monopolies and engaging in anticompetitive behavior.


Sure if they are deemed illegal. It has happened but like I said, OJ was cleared of criminal charges and the DOJ lost the time warner lawsuit.

The fact that cases may be lost (even if the "not guilty" party actually committed the crime) is irrelevant to my point that suggestions that "agreements" between parties and/or the existence of alternatives somehow make Apple (or anyone else) automatically immune to antitrust/competition laws are inaccurate.


Units sold and each competitor has some type of an App Store.

What "units sold" data showed that there is no App Store/Play Store app store duopoly and no iOS/Android mobile OS duopoly? Based on your reply, it sounds like you don't know what a duopoly is or how duopolies can be determined.


If the eu wants to ring up the competition they should make horizontal integration illegal.

The EU wants to "ring up" more app access/store competition and a way to do that is lift restrictions on alternative app stores.
 
I literally explained, she wants the simplest experience. If you want a watch, get an Apple Watch. Simple.

In this world today, me and my brother agree that Apple Watch is the best watch for her because she has an iPhone.

In your world, my brother would recommend the Samsung Watch because he's a Samsung fanboy and supposedly a Samsung watch would adopt a lot of what Apple Watch can do (maybe Samsung doesn't want to adopt HealthKit and rolls out their own Samsung HealthyKit). Meanwhile I would recommend the Apple Watch to her because Apple Watch will support all the functions that Apple dictated on the platform. Complicated. Which son should she believe

What if your brother recommends AT&T and you recommend Verizon? Does that mean you think every phone maker should be required to build/make its own cell network infrastructure because choice is just too complicated and family members may disagree on which is "better"?

Choice is too complicated and/or family disagreements are truly your rationale for closed systems???
 
They don’t. Please cite relevant case law.
I don't need to cite case law to conclude that smartphones available in the market are split between only two operating systems (Android and iOS).

If Apple had the same marketshare in the EU and Android was instead three different mobile operating systems each with a vibrant app ecosystem and with 25% marketshare, the DMA would still apply to Apple. Because market share isn't a category for being designated a gatekeeper.
...but Apple's position wouldn't be as entrenched as it is, due to the market being more competitive.

But fair enough - let's not call it duopoly then. Let's call it large (in terms of revenue, end users and business users) platform services "with a significant impact in the internal market and an entrenched and durable position".

“We can, at any time, punish you if you’re successful selling goods/services to EU citizens,” is not a message they wanted to send
Of course not. It's not about punishment - it's about fair competition for other businesses.

So, the regulators instead just created the term “gatekeeper” and tried to define punishments that they HOPED would cause a loss of profits
Absolute hogwash. It's about fair competition between other businesses. It's not intended to cause loss of profit - though for monopolists or duopolists, it obviously might. More competition tends to reduce rent and supracompetitive margins and profits.

As they can’t even update the DMA to actually define HOW the iPad is a “gatekeeper”,
Not true. The DMA provides for an official mechanism to update the definition and design gatekeepers - as well as update requirements for their conduct.

The commission is "empowered to adopt delegated acts to amend this Regulation by updating the methodology and the list of indicators used to determine the number of active end users and active business users." and "to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether an undertaking providing core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation;"
 
Why and how did Apple grow to become as popular as it is today?
By creating a great end user experience that users are willing to pay a premium for. Obviously.

The regulation just prevents them from forcing (end and business) to pay a premium for their services.
 
What if your brother recommends AT&T and you recommend Verizon?
my mom retired from Verizon and gets lifetime employee discount. it's an easy choice. :)

Does that mean you think every phone maker should be required to build/make its own cell network infrastructure

Nope. Not required. But if they did (and if it was possible, hint: it's not due to the limit of the available spectrum), it would be an infinitely simpler decision if iPhone required an Apple Cellular plan. No need to compare between AT&T and Verizon and T-Mobile. All my mom needs to worry about is if she can afford Apple XYZ products. If she can't, she can take a look at the open platform and carrier selection and go through the pain of researching which products and services is best for her. See where I'm getting at?
 
Laws and rulings say it doesn't matter.
That’s not entirely true. It may not matter some places and some places it does matter.
Agreements between Google and various browser companies, agreements between Microsoft and various computer OEMs and consumers, etc. didn't matter in the decision to rule Google and Microsoft as monopolies and engaging in anticompetitive behavior.
About the only curable thing is the recent google ruling. Other than that Microsoft what year? Apple. What year?
The fact that cases may be lost (even if the "not guilty" party actually committed the crime) is irrelevant to my point that suggestions that "agreements" between parties and/or the existence of alternatives somehow make Apple (or anyone else) automatically immune to antitrust/competition laws are inaccurate.
The fact that cases are lost are very relevant. It shows that one persons definition of anticompetitive is not another’s.
What "units sold" data showed that there is no App Store/Play Store app store duopoly and no iOS/Android mobile OS duopoly? Based on your reply, it sounds like you don't know what a duopoly is or how duopolies can be determined.
I know that there are hundreds of cell phone manufacturers. Most of them have an App Store. That horizontal integration isn’t regulated only vertical regulation.
The EU wants to "ring up" more app access/store competition and a way to do that is lift restrictions on alternative app stores.
The eu wants to deprive apple of its revenue by craftily ratifying laws based on profits and not units.
 
They are different. Just because you and the EU want them to be the same so they can be mined for supposed DMA violations doesn't make it so. One os is designed specifically for tablets while the other is designed for phones.
  • they have the same technological foundation
  • they used to be marketed as the same
  • they use the same versioning scheme
  • they run the same apps, many of which are cross-purchaseable
  • they released the iOS and iPadOS 18 on the same day
  • ...with their "all new features" PDFs being verbatim copies of each others (with few exceptions)
Not much more to say.
 
Maybe it would remain the best. But as it stands now it’s the best because Apple limit what anyone can do with a similar product. It’s the best by default. It’s the best because it’s the only one even allowed to be. I’m sorry for your mom, obviously, but it’s not right a company can wield that much power over the competition.
How does apple wield power when they have a 27% market share in the eu?
 
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How does apple wield power when they have a 27% market share in the eu?
Acting as an intermediary connecting thousands of business users (developers) to millions of users.

Oh, and also, they command about half of mobile app spending in Europe.
Seems iOS users spend more than the average Android user.
 
Acting as an intermediary connecting thousands of business users (developers) to millions of users.
You mean people who elect to opt in to apples ecosystem as apples customers? That not wielding power as you say that’s good business. That’s apple serving the needs of its customers.
Oh, and also, they command about half of mobile app spending in Europe.
Oh so profit is important not the number of handsets which it’s important everywhere in the world except for the eu who uses profits.
Seems iOS users spend more than the average Android user.
And that has to do with anything how?
 
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You mean people who elect to opt in to apples ecosystem as apples customers?
Exactly. Cause they commit to an ecosystem and it's not as easy to switch as between McDonald's and Burger King.

Oh so profit is important not the number of handsets which it’s important everywhere in the world except for the eu who uses profits.
For paid apps (or paid services, such as streaming services), the "profit" or sales volume is important.
Developers of paid apps follow "the money". Non-paying users aren't very important.

That's not a European thing.
Also, the DMA does also look into number of users.

And that has to do with anything how?
Saying Apple only has a 27% (minority) market share - based on the number of users or active devices alone - is a misrepresentation by omitting major relevant facts, when those users spend more per capita.

PS: Neither am I saying that we should only look at market share as percentage € sales. I'm merely presenting a counterpoint to yours. Both (share of users/devices and sales) should be taken into account.
 
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