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EU are a bunch of clowns. "Don't follow the law as written .... but you must use the Spirit!!!"
Hello I'm a Law student, one of my classes this year is Compared legal systems, and I am French and very conscious of the "spirit" of the 1804 Code civil and its influence on European societies as well as on former colonies.

The way you depict Civil Law systems is not how the judiciary works in either mixed systems like continental law (European Union Law) OR Civil law at national level. Judicial discretion, interpretation, and equity don't supersede the letter of the law like you've implied, but there is also no reliance on precedent for issuing rulings, even though precedent will be cited : it is always done implicitly by the judges in their rulings, but it cannot be invoked by the parties during the procedure.

When positive law is broken, there is no question that the specific wording of said legislation is the basis on which a suit is formed, and the basis for the judges' ruling.

I will refrain from further comment because it's a politically charged topic, but I can guarantee you Apple has no beef with EU Law and EU justice, au contraire.

There is merit to a system that doesn't require its legislation to be amended every time a new case presents itself, and can prove flexible when customs and societies evolves. That's why we still have the same civil Law since 1804 in France, and that's why judges don't just do whatever they want, like you've implied.

Common Law courts may also judge in equity, mind you.

Don't call people clowns while wearing that much make up.
 
Why are they targeting Apple when the EU does not even have 50% of iPhones as market share…
They should be targeting Microsoft mainly and Google for their dominance in the space.

Watch Apple add “delete the App Store”, and a button inside of Settings is the way to bring it back, and that is “anti-competitive”… not having that button will make iPhones not user friendly at all, and we will have a huge mess.
 
Referees generally don't force teams to share their playbooks with the other teams because it would be "unfair" for one team to have a better strategy that gives them an advantage.

No, but they ensure both teams play by the same rules as established by whatever game is being played. The teams don't get to tell the ref "oh, we play [insert sport] differently"
 
You can’t sell products and then force buyers to use them a certain way.

That is how most companies operate in the US, which is why we are so confused by the EU’s actions here. My GE refrigerator can only use GE water filters. We don’t force GE to advertise LG products and allow me to ou
No, but they ensure both teams play by the same rules as established by whatever game is being played. The teams don't get to tell the ref "oh, we play [insert sport] differently"

The rules are about fair competition, which already exists. If an EU consumer wants features that Apple doesn’t offer, then the EU consumer can buy something else. Other options besides Apple exist in the EU, and Apple is not even the majority market in the EU, so clearly Apple is not harming competition and consumer choice.

Instead, the EU wants every company to offer the exact same product with the exact same features so that iPhone and Android are only distinguishable by the logo on the back.
 
No, but they ensure both teams play by the same rules as established by whatever game is being played. The teams don't get to tell the ref "oh, we play [insert sport] differently"
And what happens when the rules get changed so teams do have to share their playbook with everyone? Is that a good rule? I don't think so.
 
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I wonder if this would now mean that European energy companies will have to allow other smaller companies to sell power in their own power lines or Cellular companies to share their communication trunks with independent companies and Even TV/Cable companies will now have to offer commercials from competing stations and channels.

better yet does that mean that now I can watch sporting events like football, soccer or the olympics on other stations instead of the companies that "monopolize" the content?
 
Why are they targeting Apple when the EU does not even have 50% of iPhones as market share…
They should be targeting Microsoft mainly and Google for their dominance in the space.

Watch Apple add “delete the App Store”, and a button inside of Settings is the way to bring it back, and that is “anti-competitive”… not having that button will make iPhones not user friendly at all, and we will have a huge mess.

Marketshare has never been a calculation with the DMA, is quantity of users. If you have 100% of the market, but you only have 1 million users, you're fine. If you have 45 million users, but 1% market share, you have to follow the DMA. This is not antitrust law, which everyone wants to compare it to.

NOTE: Yes I know the numbers don't add up to the EU population.
 
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Apple should've realised it's impossible to deal with the eu and just said 'no' to their demands. Let them ban Apple.

Not going to happen.

Shareholders sweating right now.

Nah, Apple ill comet fine once the dust settles.

We should all support that. There are few organisations as unambiguously on our side.

They are presenting one POV that supports their constituents; much like any lobbying organization they have their own biases.

Unfortunately for them, there’s no way to significantly reduce the profits of the Gatekeeper companies without defining that as the intent in the rules.

I suspect Apple will not lose any revenue and may actually wind up with more.
 
These things are not really important. I mean, third-party app stores are fine and I have installed Fortnite on my iPhone (but never played it), but there is no way there will be enough apps to replace the sacred App Store. Look at Android, it has always been open to third-party app stores, but they are still niche.

There’s a reason why all those android app stores are niche and why forcing Apple to give its users tons of choices will actually make the system less desirable. I’ve said this before. The science-denying DMA lovers like to deride it, but here goes again…

It’s often called The Paradox of Choice (the title of a book about the subject). People actually don’t want lots of choice. It leads to decision fatigue, indecision, avoidance, and dissatisfaction. People prefer a small number of choices and they prefer to make their choice and stick with it (e.g. brand loyalty) unless some major event forces them to rethink it. These results come out of several fields: behavioral psychology, behavioral economics, and behavioral marketing.

People who’ve studied the science or have an MBA from a half-way decent program know this. People who rely on their gut and their “common sense” (read, uninformed prejudice) think more choice is always better.
 
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Why is everyone complaining about Apple? Most of you are users from day one and are/were happy with it. Now the EU has DMA in place and everyone is siding with them against Apple. Bit hypocritical. But there's a choice. Ditch Apple and side with Google/Android or whatever. Happy life.
 
I admit to not really understanding all of this.

Imagine going into a car dealer. Pick one - Toyota/Nissan/Subaru/VW/Chevrolet/Ford/Maserati. You tell the sales person "I want your Toyota/Nissan/Subaru/VW/Chevrolet/Ford/Maserati but I want a Toyota/Nissan/Subaru/VW/Chevrolet/Ford/Maserati engine that's not what you make. I demand that the installation be easy and I demand that you warranty the car to work exactly as I wish it to with this different engine."

Or, go into a restaurant. Let's assume a pizza parlor. "I want your pepperoni pizza, but I want it with the crust from the place across the street. In fact, I am entitled to this and demand it!" Or, worse, "I want chateaubriand for two. Make it snappy!"

Is that what this is? Please correct me.

When I read that Apple does not make it easy to change default settings, I had to scratch my head.

I have to wonder what the real foundational reasoning for all this is, on both the part of the consumer and the EU.

(Full disclaimer: I really am not a fan of a lot of what Apple does. And, I have told them as much. Didn't help.)
 
I've had two family members who went to the EU this July for vacation. Ever since their phones have been messed up due to geo-detection and the changes Apple installed on their phones to comply with the EU. It rendered their phones almost useless when they got back to the States. I even had to get one of their phones traded in at the Apple Store. So, taking phones back and forth between the US and the EU is becoming a real issue, and it's definitely affecting Americans too.
That’s very very weird. And if true only illustrates Apple is phoning it in by releasing crappy software with needless limitations. It does not illustrate the DMA is unworkable.
 
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I admit to not really understanding all of this.

Imagine going into a car dealer. Pick one - Toyota/Nissan/Subaru/VW/Chevrolet/Ford/Maserati. You tell the sales person "I want your Toyota/Nissan/Subaru/VW/Chevrolet/Ford/Maserati but I want a Toyota/Nissan/Subaru/VW/Chevrolet/Ford/Maserati engine that's not what you make. I demand that the installation be easy and I demand that you warranty the car to work exactly as I wish it to with this different engine."

Or, go into a restaurant. Let's assume a pizza parlor. "I want your pepperoni pizza, but I want it with the crust from the place across the street. In fact, I am entitled to this and demand it!" Or, worse, "I want chateaubriand for two. Make it snappy!"

Is that what this is? Please correct me.

When I read that Apple does not make it easy to change default settings, I had to scratch my head.

I have to wonder what the real foundational reasoning for all this is, on both the part of the consumer and the EU.

(Full disclaimer: I really am not a fan of a lot of what Apple does. And, I have told them as much. Didn't help.)
That’s not what this is. At all.
The correct analogy would be “Here is the shopping street where you can buy third party apps. But it has only one store. Ours. And for a lot of stuff, we don’t even allow you to buy third party alternatives.”
 
The rules are about fair competition, which already exists. If an EU consumer wants features that Apple doesn’t offer, then the EU consumer can buy something else. Other options besides Apple exist in the EU, and Apple is not even the majority market in the EU, so clearly Apple is not harming competition and consumer choice.

You're conflating two markets. Smartphones and their operating systems are one market, software and digital goods for those smartphones are another. You'll notice that the EU's complaints are about pricing policies, fees, and Apple's control over software distribution - they do not complain that iOS is missing features that Android has. The alternative physical goods are irrelevant - an iOS user is not buying Android software.

Instead, the EU wants every company to offer the exact same product with the exact same features so that iPhone and Android are only distinguishable by the logo on the back.

Apple will just need to make software that is competitive with that of their contemporaries. If they can't set themselves apart in the face of fair competition then that's their failure as a business.
 
Or… it shows that making software more complicated with more variables makes it much harder to get right.
But no one forced Apple to make it this cumbersome. Nowhere did it say to mess with US phones when they enter the EU. That’s their own choice.
 
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A bit of a side-question, but I am still curious to know why Apple Intelligence, as it is now, is not compatible with the DMA?
 
A bit of a side-question, but I am still curious to know why Apple Intelligence, as it is now, is not compatible with the DMA?
I’m not sure it’s a DMA issue, but I assume it has something to do with not giving third party AIs access to the same data as Apple Intelligence.
 
Why are they targeting Apple when the EU does not even have 50% of iPhones as market share…
They should be targeting Microsoft mainly and Google for their dominance in the space.

Watch Apple add “delete the App Store”, and a button inside of Settings is the way to bring it back, and that is “anti-competitive”… not having that button will make iPhones not user friendly at all, and we will have a huge mess.
I don't see how PCs being able to run distinct operating systems make the offering of a device with accompanying software "user-unfriendly". Giving people a choice doesn't ruin the experience for those who are happy to stick with the business model.

I'm happy to hunt for 3DS games in garage sales, in retail and online.
I could have just download them off the Eshop instead.
Or, I could have bought keys from alternate stores like Amazon.
Or, I could have bought Eshop credit from third parties at a competitive price.
Or waited for agressive sales that mirror former traditional store clearances.
Or bought the games on another platform.
Or I could buy physical copies used.
Choice.

Now, I can either do the first one or, flash my 3DS and download everything I want illegally since Nintendo closed the Eshop.

How was Nintendo's or in this case, Apple's business model busted by choice, again ?
 
Well, Microsoft has had a reputation for being "evil" for a long time. They took DOS from IBM and parts of OS/2, which I remember being pretty upset about when I was a kid. Now, looking back with some perspective, I just accept that Microsoft was what it was when I was 8, and it'll likely continue to be that way long after I'm gone.

Yes, Microsoft has had that reputation. But your facts are a bit off. Rather than repeat here what has had mountains written about it, I urge you to go check the story of how Microsoft got DOS and then supplied it to IBM. The way they wrote the contract with IBM is widely responsible for Bill Gates’ early reputation as a business genius. In essence, Microsoft out IBMed IBM.

As for OS/2, Microsoft took nothing from it. The story of Windows NT and IBM OS/2 is a long one. I don’t know if it has been told in its entirety anywhere. In it, Microsoft doesn’t come off looking evil. IBM comes off looking stumbling and out maneuvered. [Caveat: I worked for IBM in the Personal Software Products division at the time. So I may be soft peddling IBM’s bumbling.]
 
I’m not sure it’s a DMA issue, but I assume it has something to do with not giving third party AIs access to the same data as Apple Intelligence.

Ok, but is not this AI data supposed to be anonyme, similar to what they have done with Apple Maps?
 
Ok, but is not this AI data supposed to be anonyme, similar to what they have done with Apple Maps?
No. Apple Intelligence currently focuses on on-device processing of personal data. Your own data and relationships.
 
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