all i here is you don't understand that nothing is free
I
already stated that I'm not saying Apple won't try - or even succeed in - other ways of monetising their platform.
But it likely won't with most of the rather "naive" suggestions I've read on this and previous threads.
and no reasonable court is going to argue with the business either.
Yes - courts don't argue with businesses.
They're making judgments (influenced by others' arguments).
Pay a MUCH bigger developer fee and more stricter user privacy agreement
Apple has to allow sideloading and independent distribution (and use) of third-party apps. Period.
Your idea Apple of penalising such developer by "much bigger" fees and onerous requirements is undermining
"effective compliance with the obligations of Articles 5, 6 and 7 regardless of whether that behaviour is of a contractual, commercial or technical nature, or of any other nature, or consists in the use of behavioural techniques or interface design."
It also violates the legal requirement to provide fair and non-discriminatory conditions for access to the App Store.
Can I imagine Apple hiking prices of their developer subscriptions in Europe? Yes.
Can I imagine them hiking prices of their iPhones (well... not as if they just didn't already)? Yes.
Can I imagine them finding other ways of monetising their platform and services? Yes.
Would I be surprised if the EU and Apple disagree on implementation and compliance? No.
Would I be surprised if it takes a couple of years for the EU to force Apple to comply? No.
But one thing I'm pretty sure of: The blatant attempts at penalising and
discriminating against developers wanting to distribute outside of Apple's service and store won't be tolerated.
If they were one and the same, the EU wouldn’t have bothered making such a distinction in the first place.
They aren't the same.
But I still fail to see your point:
If I can download applications from a third party and Apple shall
"allow and technically enable the installation and effective use of third-party software application", what's preventing Epic from creating a software download store application?
Sideloaded applications enable the creation of a download store in the form of an application.