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Back on Planet Reality I see such a bill failing - because it has failed at the state level when it actually got to a vote. If it was this bipartisan support thing it would not have

1). Failed in North Dakota 36-11, when it came out that the supporters, Coalition for App Fairness which Apple would later claim was little more than a front for Epic-Spotify-Tile which is why the Ninth Circuit denied their brief

2) Arizona's House Bill 2005 would have not just disappeared right before to a scheduled vote that could have sent it straight to the governor’s desk to be signed into law. - "It seems committed members weren’t sure the bill could stand the trial of votes." ie we didn't want a repeat of the North Dakota fiasco.

3) Minnesota House Bill HF 1184, New York Senate Bill S4822, and Illinois SB2311 would have actually gotten a vote as they have been around since Feb 2021.

4) The US government is less than thrilled with the EU's Digital Markets Act as the Parliament wants to include virtual assistants, web browsers and connected TVs.
1-3) Politics at the statehouse level is not the same as politics at the Congressional level. Not to mention I'm sure these states realize the massive power disparity between them and Apple. One that does not exist between the federal government and Apple.

4) It's not that the federal government wants no changes, it simply wants any changes to be fair and well thought out. Some quotes from your own source.

"We have also been clear that we oppose efforts specifically designed to target only U.S. companies where similarly situated non-U.S. companies would not be covered."

"The United States is concerned that substantially only U.S companies will be in scope if the Parliament’s proposal to raise the threshold to 8 billion euros in annual turnover and a market capitalization of 80 billion euros is adopted in the final DMA."

"The EP’s proposed scope would exclusively target U.S. companies, not just when the law is implemented, but for years to follow. The United States continues to note that it will be important that the EU implement the law in a non-discriminatory fashion and ensure appropriate coverage for all appropriate firms."

"Elsewhere, Washington also hits out at the Parliament for raising the maximum fines that can be leveled for breach of the rules, supporting the Commission's proposal to limit the fines to 10 percent of worldwide annual turnover."

"And while the DMA negotiations themselves have moved along at a breakneck speed, the U.S. wants the EU to avoid a rushed timeline — providing at least 12 months for implementation and three months for notification requirements, when gatekeepers will be responsible for notifying the Commission that their business falls within the rules' scope."

"Washington does, however, believe that the Commission should be the sole enforcer of the new measures and says that there should also be effective harmonization between EU and national rules."

Don't confuse not liking the EU's DMA precisely as it exists at this moment, with the feds being against any and all change in the EU or elsewhere.
 
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As Jim Sterling said it is the Brixit bus feeding the people on a happy little fairy tale so they do something that is actually not in their best interest to do. A certain German did that in the 1930s and an American politician did the same thing in the 1950s and their "popular" actions have cast a long shadow into the 21st century. Those who don't learn from history are condemned to repeat it - often with horrid results.
Which American politician is comparable to Hitler?!

EDIT: I’m really curious who you are referring to. Joe McCarthy?
 
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Which American politician is comparable to Hitler?!

EDIT: I’m really curious who you are referring to. Joe McCarthy?
Yes. When Senator Joe McCarthy Defended Nazis shows something even darker than his well known anti-Communism.

"Relegated to the status of a backbencher after Democrats took control of the Senate in 1949, McCarthy was thirsting for a cause that would let him claim the spotlight. The cause that this ex-Marine and uber-patriot picked—as an apologist for the Nazi perpetrators of the bloodiest slaughter of American soldiers during World War II—would, more than anything he had done previously, define him for his fellow senators and anybody else paying close attention."

Make Mine Freedom (1948) warned against "ism" - The worker is obviously Communism and perhaps the Farmer as well. The politician (State concentration Camp #5) and factory owner seem to be more along the lines of Fascism. The irony is the cartoon ignored the abuses of Capitalism (as depicted in The Jungle and Midnight is a Place)
 
upheld the right of first sale on softwareWell, jailbreaking typically involves exploiting a loophole or security flaw in the OS, so Apple is well within their right to close this loophole in the name of security.
I’m referring to legal ways such as Lawsuits or by making it illegal as they tried for a while. Or not honor their warranty etc.
And under the terms of the EULA, the OS does belong to Apple. Perhaps it won’t hold up in court, but that’s also for the courts to decide.
As contract laws are written you must be able to read it, be written in an understandable and clear way and be precented for a consumer to read BEFORE a purchase is made. It’s the equivalent of buying a house and then need to sign a contract of an EULA. It has no legal reason to Be expected to be binding for consumers. Otherwise it’s just A standard transfer of ownership and not a license.
At the end of the day, Apple allowing a few select means of sideloading apps because it doesn’t pose a serious problem for them (yet) is very different from them offering an “official” way of letting users install apps outside of the App Store.
Absolutely agree, hence why I would rather different payments systems could be allowed to be used for In app purchases.

I suppose you’re referring to this:
The Software Incubator Ltd v Computer Associates
More a referense to this judging of software to be equal to goods irrespective of how it’s provided

And your lunk refers to upheld the right of first sale on software
Meaning you have a righ to resell a license as any goods and transfer the same rights

What I’m referring to is the need for the terms and conditions must be precented before the conclusion of the contract over klick wrap
The Court said that this method is sufficient where it "makes it possible to print and save the text of those terms and conditions before the conclusion of the contract”.
This apple doesn’t fulfill as its displayed after the purchase contract is concluded
but how does that work when it comes to api services?
OS software is no longer static. Modifications / usage of OS external api’s that do not conform to the license agreement can safely not be honoured by apple.
It’s still obligated to fulfill the contract irrespective if it’s sold to someone else as it need to work as advertised so apple is still stuck.
The EU has a habit of not thinking things through unfortunately. Also, epic has brought there case to USA and apple are still an American company. So I’m not sure EU rulings mean as much as you think they do. The EU are still trying to get apple to use micro usb I believe!
Eu ruling have extremely much influence irrespective where apple is located. If apple wants to sell to EU consumers it must follow the local laws.
Eu isn’t trying to make Apple do anything but follow the agreements they and everyone else signed to have a universal industry standard
My issue with the whole thing about limiting its platform simply comes down to this:

if I make a product should I not be able to define how that product works? So if I made a new phone with a new OS to operate the phone but didn’t want apps on it should I be allowed to stop third party apps being on that OS? (Just like the original iPhone did and how most phones didn’t).
You are free to do so as long as it’s done fairly. If apple didn’t want any apps to run on it but their own it would be completely fine. The problem is when you allow others to enter and doesn’t treat them equally
If I in turn strike up a deal with a friends company to allow them to make apps for the OS and device I made, should I be not allowed to do this? why should I be legally forced to allow anyone to upload apps to the device I made? It makes no sense.
This is also fine, the problem is still you have a store for anyone to sign up and clearly stated rules of conduct, this forces you to treat them equally
If it’s not a safety issue or your not a monopoly for a product the whole world generally needs I see no reason why a capitalist country should force and entrepreneur to provide business opportunities for other businesses!
it’s that simple with me. Apple is not a charity or an ngo. It’s a for profit business.
It’s a question of regulating the market and interest of consumers. EU and European nations are not very interested in corporations “freedom” but the health of the market, competition and consumer protections. Companies don’t have rights like in America.
using its dominance is the whole point of making a successful business. You think Microsoft are not “using their dominance” to spend 75b on activision in order to weaken Sony? Of course they are. But MS are taking advantage of the power they created over 40ys. That is business.
Why do you think EU ordered Microsoft to stop including internet explorer and provide consumers with a choice of competing web browsers.
so the things that EU, Spotify, Epic are doing create a whole new narrative in terms of what capitalism actually means. I don’t understand it.
Because we aren’t interested in American style capitalism and have different laws with different intentions. Nobody is redefining anything
They keep saying it’s to help consumers but consumers arent The ones bringing these lawsuits. It’s other billion dollar companies. It’s million dollar lobbyists. It feels like the basic rules of capitalism are Being redrawn to enrich other rich entities in my opinion. And the public are being used as pawns to achieve this.
It’s just a misunderstanding, when billion dollar companies bring forth lawsuits it’s always interpreted in consumers interest
For example to right of first sale was between two companies, but the results made it so consumers have the right to sell their software license irrespective if the EULA forbids it
Shrink wrap EULAs even under US law have been a gambling house of enforceable. IMHO all this will result to is a greater move server based DRM which if handled poorly (SimCity) can been a boondoggled but if handled properly (City of Heroes) no olefin except a few diehard give a flying fig about. Why do you think MS was pushing 360 so hard?
Perhaps. StilL we will se how the market will react to not owning their things.
 
1-3) Politics at the statehouse level is not the same as politics at the Congressional level. Not to mention I'm sure these states realize the massive power disparity between them and Apple. One that does not exist between the federal government and Apple.
The Federal government has let companies far smaller than Apple do whatever they darn well please. Can you say Comcast and local monopoly, neighbor? /s. How many people have been yelling for something to be done about local cable monopolies and the federal government does jack.

Look at the money being wasted on corn ethanol when it has been shown hemp ethanol is far more cost effective (and you can't get high off hemp so don't waste our time with that BS) Heck, sage grass is even better. But thanks to the Big AG lobby (which is slightly smaller than Apple) our tax dollars go to this nonsense.
 
The Federal government has let companies far smaller than Apple do whatever they darn well please. Can you say Comcast and local monopoly, neighbor? /s. How many people have been yelling for something to be done about local cable monopolies and the federal government does jack.

Look at the money being wasted on corn ethanol when it has been shown hemp ethanol is far more cost effective (and you can't get high off hemp so don't waste our time with that BS) Heck, sage grass is even better. But thanks to the Big AG lobby (which is slightly smaller than Apple) our tax dollars go to this nonsense.
And while all of those are certainly valid concerns, many of which I share in fact, that doesn't magically mean Apple is not.
 
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It’s still obligated to fulfill the contract irrespective if it’s sold to someone else as
Because we aren’t interested in American style capitalism and have different laws with different intentions. Nobody is redefining anything
What the EU is primarily interested in is tearing down American tech companies. If the EU has its own tech giants they would be showered with advantages, unfair subsidies etc (cough*Airbus*cough). This is why Apple has to be really careful about antitrust in the EU. In the US, Congress is completely inept and the California delegation doesn’t really want to regulate them. Meanwhile the EU is just itching to knock Apple down a few notches, especially when Spotify, one of the largest European tech companies, is one Apple’s loudest critics.
 
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What the EU is primarily interested in is tearing down American tech companies. If the EU has its own tech giants they would be showered with advantages, unfair subsidies etc (cough*Airbus*cough). This is why Apple has to be really careful about antitrust in the EU. In the US, Congress is completely inept and the California delegation doesn’t really want to regulate them. Meanwhile the EU is just itching to knock Apple down a few notches, especially when Spotify, one of the largest European tech companies, is one Apple’s loudest critics.
Actually Spotify has both Morgan Stanley (7.3%) and Tencent (9.1%) as part owners so it isn't entirely an EU company.
 
Apple will keep investing. But this is effectively a constraint on a core part of Apple’s business model- tying together software and hardware to create a better experience than what anyone else can make.
It being a core part is not an argument to abuse their position.
Why should developers be mandated access to APIs that Apple wrote, or hardware features that Apple paid for?
You can make the argument that for the App Store, Apple has already created a market when they allowed third party apps at all, and because of that they can’t monopolize it. But for private APIs, Apple has never opened anything- they only ever used it for themselves. Why should they not be allowed to keep their IP for themselves to benefit from, just as others can?
They can keep their APIs to themselves, but it would be questionable if they didn’t allow third party developers use the same thing as apples own apps.
Example if only Apple Music could play in the background but pandora, YouTube or Spotify etc wouldn’t be allowed to use it would definitely be seen as anti competitive
So now Apple should be forced to let them into the store? And how can Apple develop better API with regard to sandboxing if they just have to let devs use them all?
If apples apps can use it then other competing apps should as well.
If every developer is supposed to have equal access to Apple‘s own platforms as Apple, of course that’s a liability! Just about anything Apple does as the OS developer can be construed as favoring themselves. Things like Universal Clipboard involve access to things Apple doesn’t let devs use- should they be required to?
It will completely depend. OS level is not equivalent to application level
Now every new feature, Apple will have to dedicate engineering hours to publicly documenting private APIs and making sure they are completely ready ( Apple often keeps APIs to itself initially, and then makes them public), which could slow new features. And Apple will have to balance new features with the security risks that come with all devs being given access to them.
As I said before, if apple is ready to use them in their public apps then there’s no reason for developers not to be allowed to use them
Apple already develops many public APIs for iOS. That wouldn‘t change.
Agee, especially if apple cares for their market to grow and customers to be happy.
What the EU is primarily interested in is tearing down American tech companies. If the EU has its own tech giants they would be showered with advantages, unfair subsidies etc (cough*Airbus*cough). This is why Apple has to be really careful about antitrust in the EU. In the US, Congress is completely inept and the California delegation doesn’t really want to regulate them. Meanwhile the EU is just itching to knock Apple down a few notches, especially when Spotify, one of the largest European tech companies, is one Apple’s loudest critics.
EU isn’t interested in tearing down American companies, they are free to exit the market at anytime. But EU is tired of American companies thinking they can do whatever they want, not care about regulations, consumer rights etc and not pay taxes as every other eu company does. Eu generally just allow companies to go bankrupt and almost never save them irrespective of their importance contrary to the USA.

If USA think EU treats any company with unfair subsidies they are free to bring it to the WTO as both still fighting about Airbus and Boing
 
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It being a core part is not an argument to abuse their position.
Abusing their position? Apple got to their position by doing this! Consumers like it.
They can keep their APIs to themselves, but it would be questionable if they didn’t allow third party developers use the same thing as apples own apps.
Example if only Apple Music could play in the background but pandora, YouTube or Spotify etc wouldn’t be allowed to use it would definitely be seen as anti competitive
Where I agree is that paid apps should not have privileged APIs. So yes Apple Music and TV+ should not have advantages over Spotify and Netflix. This sort of privileging on Apple's part adversely affects those who use competing services. But when Apple takes a paid feature (like Astropad) and integrates it into the OS for free that helps consumers.
If apples apps can use it then other competing apps should as well.

It will completely depend. OS level is not equivalent to application level
Apple is a vertically integrated firm. There is no difference to them between the OS or its bundled apps (again, exception is paid apps like Music which are available on other platforms and clearly are not OS-dependent).
Apple would argue that WebKit is an integral part of iOS so they should be able to block other web engines. Competitors would argue Safari is an app and they should have the same access. There is no clear place to draw the line, but when you're talking about Apple, it's the wrong question. Apple makes unified products. Asking them to divide up their OS and features across arbitrary lines in the sand to allow other parties greater access to the platform (a platform that, need I remind you, Apple built) is an attack on Apple products' unique value preposition.
As I said before, if apple is ready to use them in their public apps then there’s no reason for developers not to be allowed to use them
Even if it's a security risk? Apple needs to have certain privileges as the OS maker. Why should any app developer be able to demand the same?
Agee, especially if apple cares for their market to grow and customers to be happy.
Apple's customers appreciate its ability to leverage its vertical integration.
EU isn’t interested in tearing down American companies, they are free to exit the market at anytime. But EU is tired of American companies thinking they can do whatever they want, not care about regulations, consumer rights etc and not pay taxes as every other eu company does. Eu generally just allow companies to go bankrupt and almost never save them irrespective of their importance contrary to the USA.

If USA think EU treats any company with unfair subsidies they are free to bring it to the WTO as both still fighting about Airbus and Boing
American tech companies absolutely pay taxes to Europe. And EU is huge on subsidizing and "picking winners and losers"- literally how they built Airbus up over the years. Then they accuse the US of subsidizing Boeing for paying Boeing for government contracts, which is not all equivalent. Of course, EU is free to do what they want in their territory. As am I free to point out that they are massive hypocrites. And the US government is free to (and should be much more aggressive when they) push back against Europe's blatant attempts to hurt and stifle successful US companies, whether through discriminatory, targeted legislation or unfair subsidies.
 
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American tech companies absolutely pay taxes to Europe. And EU is huge on subsidizing and "picking winners and losers"- literally how they built Airbus up over the years. Then they accuse the US of subsidizing Boeing for paying Boeing for government contracts, which is not all equivalent. Of course, EU is free to do what they want in their territory. As am I free to point out that they are massive hypocrites. And the US government is free to (and should be much more aggressive when they) push back against Europe's blatant attempts to hurt and stifle successful US companies, whether through discriminatory, targeted legislation or unfair subsidies.
Just for giggles I looked online to see what people in Europe thought about the EU holding itself together. "In France, Germany, Italy, the Netherlands, Austria, Slovakia, Romania, Greece, the Czech Republic and Poland, a majority of people surveyed thought EU disintegration was a “realistic possibility” in the next 10 to 20 years."

Such wonderful optimism. /s. Seriously most times the EU comes off as less dysfunctional than the US with its regional squabbling so I wonder why the people in the EU have such a dim view of its future.
 
I may be wrong here, but the3 EU reminds me kind of what would happen if we became 50 Countries instead of being 50 States.
Well the EU is kind of like what the US was before the Civil War when "The United Starts are..." was correct grammar and a state threatening to succeed from the Union every so often because there was some Federal law they didn't like was normal. At least the EU isn't the dysfunction mess the US was under the Articles of Confederation.
 
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Where I agree is that paid apps should not have privileged APIs. So yes Apple Music and TV+ should not have advantages over Spotify and Netflix. This sort of privileging on Apple's part adversely affects those who use competing services. But when Apple takes a paid feature (like Astropad) and integrates it into the OS for free that helps consumers.
I understand the logic behind this "fairness", but I feel it's also an extreme position to take. We know that Apple uses private APIs all the time, and the reason for this may be less due to them wanting an edge over the competition, and simply Apple not being able to make these APIs robust enough for public use, with documentation and everything.

That said, I do wish that Apple would enforce the use of their public APIs more robustly. Looking at how Google dragged their feet on incorporating split-screen with their google drive apps, or how PIP is only now coming to YouTube, or how many video streaming apps don't yet support these basic features. In the same vein, Spotify has been complaining for the longest time about how they are being treated unfairly by Apple, but they don't bother supporting the iOS features that are available (like airplay 2, or native ATV support).

HBO's native player is a laggy mess. Prime is atrocious. Instagram still doesn't have an iPad app, and they screwed over the third party apps that did by withholding their own API. In general, I can't help but notice it's often the largest companies who make the most noise, while also sporting apps with possibly the worst UI imaginable and the slowest support, compared to third party apps like Apollo, Fantastical and Tweetbot (who are fast to incorporate these new features). Heck, there are a plethora of third party Apple Music apps like Soor and Marvis if you are not a fan of the stock design, and Apple is totally fine with that.

I think that if these companies really want to complain, they should at least demonstrate that they are in the very least making an effort to create the best apps (and by extension, the best experience) possible on iOS (starting with supporting all the iOS features available) before pointing an accusing finger at Apple and going "I have done everything possible on iOS, and want to do more, and Apple is in the way".

Instead, I see them do the bare minimum on iOS, and I am like "Are you even trying?"
 
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Apple:
Use the API's we say you have to use. We have custom APIs and development tools that you can't have.

Ran into this when my team (work) was wondering what we could do with WatchOS for work apps.
Had some cool thoughts but .... Can understand the concern Apple has however if we could get access to the same tools ...
 
I understand the logic behind this "fairness", but I feel it's also an extreme position to take. We know that Apple uses private APIs all the time, and the reason for this may be less due to them wanting an edge over the competition, and simply Apple not being able to make these APIs robust enough for public use, with documentation and everything.
The way I see it is, once Apple has brought something over to another platform they have confirmed is a separate product from their OS. At that point, using private APIs is basically a form of anticompetitive (although not currently illegal) tying. Spotify should have all the same access that Apple Music does, even if they don't take advantage of it.

Unlike other things devs have complained about, this actually harms consumers. Apple is incentivized to make using Spotify a worse experience for its own users. Personally I would like to see Apple banned from bundling any paid services into their devices. It's anticompetitive but unlike "sherlocking" it doesn't help consumers.
 
Unlike other things devs have complained about, this actually harms consumers. Apple is incentivized to make using Spotify a worse experience for its own users. Personally I would like to see Apple banned from bundling any paid services into their devices. It's anticompetitive but unlike "sherlocking" it doesn't help consumers.

What do you mean by bundling? I pay for Apple’s services the same way I would have paid for Spotify or Netflix.
 
Apple Music should not be integrated into Music App. Should need to be downloaded separately and compete on merits.

Wouldn’t keeping it a separate app make it a worse experience for users? I get your concern about Apple having an edge because of all the default, preinstalled apps, but I feel it’s their right as the platform owner.

And well, too many people toss around the term “unfair” too liberally when what they really mean is “not to my benefit”.
 
Apple Music should not be integrated into Music App. Should need to be downloaded separately and compete on merits.

Spotify has roughly 3 times as many paying subscribers as Apple Music... and infinitely more free listeners (since Apple Music doesn't have a free tier at all)

And I would bet a lot of Spotify customers use iPhones.

So obviously downloading an app isn't the big barrier of entry that you think it is... ;)

Even if you had to download the Apple Music app separately... you'd be downloading it from the same store that you download the Spotify app from.

And again... it's not a difficult task.

I hear what you're saying... that it might be "unfair" that Apple's music service comes pre-installed on every iPhone.

But like I said... downloading an app is pretty easy. It's common and it happens a lot... billions of times a year.

:p
 
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Wouldn’t keeping it a separate app make it a worse experience for users? I get your concern about Apple having an edge because of all the default, preinstalled apps, but I feel it’s their right as the platform owner.
My concern is that with Apple Music too closely integrated into the platform, Apple will make things a worse experience for those who don’t use it- and they have. Can’t make Spotify default music player. Music app focuses on streaming and still no easy way to add music you own to it. Etc.

US antitrust law has traditionally focused on whether harm is being caused to consumers.
When Apple “sherlocks” they add free new features to users, with extra functionality only they as hardware OS maker can do. Even though this can hurt third parties, I fully support Apple’s right to this and oppose bills that limit this.

It‘s very different when Apple favors its own paid services, though. This creates perverse incentives for them where they want to make their service better at the expense of others. As a consumer, I would be better off if there was a degree of separation between Apple the device maker and Apple the digital services maker, so that Apple is inclined to create the best experience for all users, not just their subscribers. I really wish Apple would get out of the services business entirely. It’s just a huge conflict of interest between that and the best user experience. I hate buying an expensive new device and getting periodic reminders in settings to “active my three free months of AppleTV+ and Apple Arcade.“ If the government wants to pass laws that limit Apple’s ability to do this, I’m all for it. It would improve competition and the user experience, as opposed to other proposals that sacrifice consumer interests for that of developers.
And well, too many people toss around the term “unfair” too liberally when what they really mean is “not to my benefit”.
Well, I don’t think Apple connecting subscription services to their OS is to my benefit at all. Apple tax=no OEM crapware. That’s the deal.
 
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