Do you have any evidence directly from EU on this.
"The gatekeeper shall not be prevented from taking, to the extent that they are strictly necessary and proportionate, measures to ensure that third-party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, provided that such measures are duly justified by the gatekeeper.
[...]
The gatekeeper shall not be prevented from taking strictly necessary and proportionate measures to ensure that interoperability does not compromise the integrity of the operating system, virtual assistant, hardware or software features provided by the gatekeeper, provided that such measures are duly justified by the gatekeeper." -DMA
I believe this allows for app notarisations as long as it's not content based.
The key is in three parts,
1: they must justify it, and as it seems they haven’t been able to justify a blanket notarization requirement that is payed with a commission.
2: And the fact it’s a requirement going against point 43 and 44.
3: it treats their notarizing service favorably over potential competitors as again they post it as the only thing for other to use.
5. The gatekeeper shall not treat more favourably, in ranking and related indexing and crawling, services and products offered by the gatekeeper itself than similar services or products of a third party. The gatekeeper shall apply transparent, fair and non-discriminatory conditions to such ranking.
As a side note The fact Apple also say the CTF is to pay for the functionality of the Os also directly contradicts article 5 clause 7 and 8, as well with article 6 clause 7
(43) | Certain services provided together with, or in support of, relevant core platform services of the gatekeeper, such as identification services, web browser engines, payment services or technical services that support the provision of payment services, such as payment systems for in-app purchases, are crucial for business users to conduct their business and allow them to optimise services.…Gatekeepers should therefore not use their position to require their dependent business users to use any of the services provided together with, or in support of, core platform services by the gatekeeper itself as part of the provision of services or products by those business users.
In order to avoid a situation in which gatekeepers indirectly impose on business users their own services provided together with, or in support of, core platform services, gatekeepers should also be prohibited from requiring end users to use such services, when that requirement would be imposed in the context of the service provided to end users by the business user using the core platform service of the gatekeeper.
That prohibition aims to protect the freedom of the business user to choose alternative services to the ones of the gatekeeper, but should not be construed as obliging the business user to offer such alternatives to its end users. |
(44) | The conduct of requiring business users or end users to subscribe to, or register with, any other core platform services of gatekeepers listed in the designation decision or which meet the thresholds of active end users and business users set out in this Regulation, as a condition for using, accessing, signing up for or registering with a core platform service gives the gatekeepers a means of capturing and locking-in new business users and end users for their core platform services by ensuring that business users cannot access one core platform service without also at least registering or creating an account for the purposes of receiving a second core platform service. That conduct also gives gatekeepers a potential advantage in terms of accumulation of data. As such, this conduct is liable to raise barriers to entry and should be prohibited. |
So you agree that one store is better than multiple stores?
It's something I have been arguing all the time.
Indeed I do agree with that, the difference is I want the competition to provide the best store to use. As long as Apple prevents alternative stores we will never get steam or or better options.
Before the DMA steam couldn’t replace the AppStore, after the DMA steam might offer iOS games and that is what I would want to use instead of the terrible iOS AppStore
now imagine someone holding a gun to your head and forcing you to switch to Android despite the consequences of leaving iOS
this is what many will feel when they are forced to install iOS apps outside of the App Store because the apps they used to use left the App Store, there are no alternatives, and now they must jump through the hoops of the third party app system, which essentially moved them into Android land against their will.
see where we are getting at?
So you will want to hold a gun to the developers head and force them to stay within the AppStore instead?
Don’t you see the irony of that? Because a developer chose to leave what they think is an unprofitable or even bad platform, but because somehow consumers could be forced to use alternative stores against their will if they want to continue using said app we must shackle them to the AppStore…
Agreed. I've said it many times before, and I'll say it again...the fact that the EU is threatening to fine based on WORLDWIDE revenue is unacceptable and clearly overstepping boundaries. The EU isn't the government of the world. Their power ends where their territory ends and therefore they should have absolutely ZERO claim to ANY revenue that doesn't come from their economic area.
The EU clearly has too much power if they think they're entitled to collect fines based on revenue that doesn't even come from their territory. Absolutely ridiculous abuse of power. But it does showcase one thing though...they aren't looking out for the interests of anyone...consumer OR developer. It's a money grab for the EU, plain and simple. It wouldn't look like such a money grab if the fines were based on revenue from within the EU only.
What is the purpose of a fine to you? A slap on the wrist and just the cost of doing businesses? Would it make it better for you if the fine was max 150% of EU revenue instead? The end result is the same anyway.
If Apple doesn’t want to be fined they should not break the law. That’s the point of high fines as they are to discourage. The fine being 10-20% of global revenue is just to prevent a fine from being too high.