Apple Wins Last-Gasp Reprieve From Brazil App Store Changes

[MacRumors]

A Brazilian federal court has overturned an antitrust ruling that would have required Apple to allow third-party payment systems in the App Store within 20 days.

The initial ruling, issued on November 26, came in response to a 2022 complaint from Latin American e-commerce platform MercadoLibre. The regulator had ordered Apple to remove restrictions on alternative payment systems and allow developers to market different payment options for in-app purchases, threatening daily fines of $43,000 for non-compliance.

But Judge Eduardo Santos da Rocha Penteado of the 14th Federal Civil Court on Thursday called the original decision by Brazil's competition regulator (Cade) "disproportionate and unnecessary."

In his decision, Penteado acknowledged that the measures demanded by Cade would "change, in a sensitive and structural way" Apple's business operations. He said that the technical complexity of the required changes and the global regulatory landscape, particularly similar decisions in the European Union, warranted a more thorough discussion.

The decision came hours after reports emerged of Apple appealing the original order, with the company arguing that the required changes were too complex to implement within the given time frame.

While the injunction has been overturned, the broader antitrust investigation into Apple's App Store practices will continue. Cade is expected to appeal the court's decision, and Apple could still eventually be required to implement changes to its App Store policies in Brazil.

The case follows similar regulatory challenges Apple faces globally, including a recent €1.8 billion fine from the European Commission over music streaming app restrictions. Apple has maintained throughout that the Brazilian regulator's demands would threaten user privacy and security.

(Via 9to5Mac.)

Article Link: Apple Wins Last-Gasp Reprieve From Brazil App Store Changes

 

[Kashifnawaz85]

Yeah, it's easy for Apple to just buy the currpt Brazilian judge instead of complying with county's regulations.

 

[oofio2461]

I believe it's your device, your choice. Once you buy it, it's your hardware, which you can modify as much as you like.

 

[wbeasley]

Yeah, it's easy for Apple to just buy the currpt Brazilian judge instead of complying with county's regulations.

and your proof that Apple bought off a judge?

just because the outcome doesnt align with your opinion...

there's a legal term for spreading misinformation.
And even social media posts need to adhere to laws. Or risk legal action...
And media hosts can also face legal issues by allowing posts like that to remain online.

By all means have your opinions, offline.

 

[HobeSoundDarryl]

This "win" is only some added time, not a complete dismissal. Basically, parts of the world are demanding a more open Apple now that Apple has achieved "king" status ("richest company in the world" on any given day). Apple can fight & delay how this will go but it will eventually go there... because GOVs have endless resources and endless funding to outlast even the richest companies in the world.

When Apple was small, such practices were overlooked because they affected small numbers. However, when ANY company gets too big... too influential... GOVs always come. Such "kings" must evolve their approach towards benevolent king striving to raise all boats instead of fueling the very same fires to keep lifting their own. They NEVER do that voluntarily. Instead, they all have to be forced there. Who does the forcing? The only powers big enough to actually succeed: GOVs.

Like all Kings before them, Apple should learn from the EU outcome and proactively evolve such practices. If they do it, they can do it in a way that is most beneficial to Apple and avoid country-by-country GOVs somewhat deciding for them and/or over-demanding changes not really necessary. But, also like all Kings before them, it's probably a "kicking & screaming" contest to get them to ultimately do what they will eventually have to do anyway.

Much of the world loves capitalism as long as players are "in the middle" among robust competition. When any companies become King of a space and start flexing their position as King to further enrich themselves, GOVs always step in and force change. Proactively evolve or else. No past king has ever won this contest.

Evolve or GOVs will evolve you though a mish-mash or regulations and laws written by people with much less knowledge of what actually makes the most sense to best serve customers- their voters. Proactively evolve and GOVs will pursue other, lower hanging fruit in other "Kings" who are not being proactive about evolving. Else, they relentlessly cometh... even for the favorite corp.

 

[Plutonius]

I always wonder if money changes hands when this happens.

 

[ThailandToo]

I always wonder if money changes hands when this happens.

It has to. And the weird thing is there’s no law against it (from US perspective) in a foreign country and can even be written off as tax deductible!

 

[neuropsychguy]

Yeah, it's easy for Apple to just buy the currpt Brazilian judge instead of complying with county's regulations.

You know Apple bought the judge how? Where's your evidence?

 

[neuropsychguy]

I always wonder if money changes hands when this happens.

Yes, Apple continues to pay developers. Apple pays employees. Apple pays taxes. Developers pay taxes with the money they made. People buy stuff. Some people buy Apple's stuff. The earth continues to turn.

 

[subjonas]

I believe it's your device, your choice. Once you buy it, it's your hardware, which you can modify as much as you like.

Why does this principle not apply to a calculator then? Or a car? Or a robot vacuum? Why is it not a violation of basic rights for those to not offer easy ways to modify the software out of the box? It’s because there is no fundamental human right that says a company cannot make a closed-system product, even a computer.

The truth is you do indeed have the choice to do what you want with it after you’ve bought it—as in, just like with a calculator/car/vacuum, you are free to try to hack it and you won’t go to jail. Apple is also free to not continue offering support for your hardware if you violate the terms under which you chose to buy it. Freedom goes both ways.

 

[scorpio vega]

I believe it's your device, your choice. Once you buy it, it's your hardware, which you can modify as much as you like.

Get an android then.

 

[scorpio vega]

I forgot ppl were still complaining about this.

Good for apple.

 

[spazzcat]

I believe it's your device, your choice. Once you buy it, it's your hardware, which you can modify as much as you like.

you don't own the software.

 

[wbeasley]

you don't own the software.

the fact people still argue over this shows they dont read the Software Agreement they click through when setting up their devices.

You click Next and I Agree and you have made an informed decision based on what was written on the screen. That includes a whole raft of things like not modifying their code. Their code, not yours.

We all agree you own the hardware.
If you are that desperate to have an open Apple device, feel free to boot your own code that doesnt use any of Apple's code on your shiny new hardware.

I still believe Apples real answer to their EU issues would be to let the user decide during setup do they want iOS or Android. They then get all the openness their little hearts desire on hardware theyve paid Apple a premium for.

Of course this also increases Android market share and the EU claimed it was to create more competition.

Anyone got data on the EU alt app stores and how successful (or not) that's been?
Has the world lit up because the EU forced Apple to do this and become a better world?

 

[AppliedMicro]

the fact people still argue over this shows they dont read the Software Agreement they click through when setting up their devices.

Software licensing agreements that are presented after the fact (sale of a device) aren’t enforceable in jurisdictions with proper consumer protection laws.

You click Next and I Agree and you have made an informed decision based on what was written on the screen

It’s not. Having to click on certain buttons in order to be able use a product that you already spent hundreds of Reaís on isn’t an informed decision. It’s attempted blackmail, when it otherwise turns your purchase into a paperweight.

I still believe Apples real answer to their EU issues would be to let the user decide during setup do they want iOS or Android

You believe wrong. Because installability or choice of operating system isn’t regulated by the DMA.
Core platform services are are subject to the DMA - not the hardware device. To spell that out: If I - and enough millions of other users - choose iOS during setup, it’s subject to the DMA - whether Apple offers Android as an alternative or not.

Back to topic:

“now Judge Pablo Zuniga has ordered that Apple will have to implement the required changes in Brazil within the next three months”

Brazilian court gives Apple 90 days to allow sideloading on iOS

After the EU forced Apple to implement major changes to how iOS and the App Store work for European users,...

9to5mac.com