Apple challenges Europe’s interoperability demands
Facing huge fines, Apple on Monday began a legal challenge to the European Commission’s “unreasonable” demand that it open up its platforms to rivals, arguing any such move threatens the foundations of its platforms with a costly process that also undercuts its ability to serve customers.
The company is, in a word, furious. It argued that it has cooperated with the Commission’s demands under the Digital Markets Act and points to the investments it has already made in complying with that act.
What Apple said
“At Apple, we design our technology to work seamlessly together, so it can deliver the unique experience our users love and expect from our products,” the company said in a statement. “The EU’s interoperability requirements threaten that foundation, while creating a process that is unreasonable, costly, and stifles innovation. These requirements will also hand data-hungry companies’ sensitive information, which poses massive privacy and security risks to our EU users.”
The company also noted that there is a real risk that people’s most sensitive information could be accessed, partially because it becomes so much harder to defend. These attempts are already taking place, Apple said.
“Companies have already requested our users’ most sensitive data — from the content of their notifications to a full history of every stored Wi-Fi network on their device — giving them the ability to access personal information that even Apple doesn’t see. In the end, these deeply flawed rules that only target Apple — and no other company will severely limit our ability to deliver innovative products and features to Europe, leading to an inferior user experience for our European customers. We are appealing these decisions on their behalf, and in order to preserve the high-quality experience our European customers expect.”
A one-sided approach
What seems to really upset Apple is that some aspects of the demands mean the company will effectively be forced to hand its innovations out to businesses with which it is in direct competition — at no charge. That means Apple does not get to draw the full benefits of its work and makes it far more difficult to introduce products in Europe.
What makes matters worse is that while Apple is being forced to open up in ways that advantage competitors, quite literally at its expense, it is not being given the opportunity to do the same back. Apple is the only company that these demands have been made of, meaning it is being forced to give its intellectual property away to others who do not need to play by the same rules.
Some data hungry companies are already attempting to exploit the DMA to gain unfettered access to sensitive customer data. All the while, Apple is left alone and isolated in its quest to ensure user privacy consistent with GDPR regulation. It’s attempts to protect privacy are about protecting customers.
Compliance? We are compliant
While critics will continue to sneer and jeer at the company in their quest to rid the world of the “Apple Tax” only the world’s largest developers actually pay, Apple would argue that it has been making serious efforts to comply with the DMA. The company has opened up a portal developers can use to request additional interoperability with hardware and software features inside iPhones and iPads. Apple consistently opens up API access to iPhone, including opening up SMS messaging to RCS, HomeKit features and messaging services support.
It has also put in place numerous other enhancements in response to the DMA, and while the warning messages it places when using third-party stores may be stark, this makes them no less true. Europe seems to want customers to use third-party stores with no warning at all that this is what is going on, which seems weird.
Malicious regulatory compliance
There is a degree to which much of the situation seems to reflect political, rather than economic or moral pressures. The fact that Europe is using Apple as a high profile example, while also refusing to be totally transparent about what it wants before levying any fines, suggests that the Commission is not so much deciding on facts as implementing a political decision using a set of laws that seem designed almost solely to punish one company.
That’s the kind of malicious regulatory compliance Apple is furious about — a compliance regime that will now be tested in the courts.
Will it make a difference?
Who knows? But the existential battle will decide the future of technology in Europe, and if the market is worth doing business in when compared to the cost of doing so. It will also determine the future of Apple, which will use its considerable resources to find some way to change the nature of the game.
One group it seems unlikely to help will be those of Apple’s European customers who are happy and accustomed to the Apple ecosystem, and don’t particularly want to use third-party services, as Apple’s right to offer that “pure Apple” experience seems a likely sacrifice to Europe’s politically-driven zeal. That is, unless cooler heads do curtail the Commission’s attacks.
You can follow me on social media! Join me on BlueSky, LinkedIn, and Mastodon.
#apple #challenges #europes #interoperability #demandsApple challenges Europe’s interoperability demands
Facing huge fines, Apple on Monday began a legal challenge to the European Commission’s “unreasonable” demand that it open up its platforms to rivals, arguing any such move threatens the foundations of its platforms with a costly process that also undercuts its ability to serve customers.
The company is, in a word, furious. It argued that it has cooperated with the Commission’s demands under the Digital Markets Act and points to the investments it has already made in complying with that act.
What Apple said
“At Apple, we design our technology to work seamlessly together, so it can deliver the unique experience our users love and expect from our products,” the company said in a statement. “The EU’s interoperability requirements threaten that foundation, while creating a process that is unreasonable, costly, and stifles innovation. These requirements will also hand data-hungry companies’ sensitive information, which poses massive privacy and security risks to our EU users.”
The company also noted that there is a real risk that people’s most sensitive information could be accessed, partially because it becomes so much harder to defend. These attempts are already taking place, Apple said.
“Companies have already requested our users’ most sensitive data — from the content of their notifications to a full history of every stored Wi-Fi network on their device — giving them the ability to access personal information that even Apple doesn’t see. In the end, these deeply flawed rules that only target Apple — and no other company will severely limit our ability to deliver innovative products and features to Europe, leading to an inferior user experience for our European customers. We are appealing these decisions on their behalf, and in order to preserve the high-quality experience our European customers expect.”
A one-sided approach
What seems to really upset Apple is that some aspects of the demands mean the company will effectively be forced to hand its innovations out to businesses with which it is in direct competition — at no charge. That means Apple does not get to draw the full benefits of its work and makes it far more difficult to introduce products in Europe.
What makes matters worse is that while Apple is being forced to open up in ways that advantage competitors, quite literally at its expense, it is not being given the opportunity to do the same back. Apple is the only company that these demands have been made of, meaning it is being forced to give its intellectual property away to others who do not need to play by the same rules.
Some data hungry companies are already attempting to exploit the DMA to gain unfettered access to sensitive customer data. All the while, Apple is left alone and isolated in its quest to ensure user privacy consistent with GDPR regulation. It’s attempts to protect privacy are about protecting customers.
Compliance? We are compliant
While critics will continue to sneer and jeer at the company in their quest to rid the world of the “Apple Tax” only the world’s largest developers actually pay, Apple would argue that it has been making serious efforts to comply with the DMA. The company has opened up a portal developers can use to request additional interoperability with hardware and software features inside iPhones and iPads. Apple consistently opens up API access to iPhone, including opening up SMS messaging to RCS, HomeKit features and messaging services support.
It has also put in place numerous other enhancements in response to the DMA, and while the warning messages it places when using third-party stores may be stark, this makes them no less true. Europe seems to want customers to use third-party stores with no warning at all that this is what is going on, which seems weird.
Malicious regulatory compliance
There is a degree to which much of the situation seems to reflect political, rather than economic or moral pressures. The fact that Europe is using Apple as a high profile example, while also refusing to be totally transparent about what it wants before levying any fines, suggests that the Commission is not so much deciding on facts as implementing a political decision using a set of laws that seem designed almost solely to punish one company.
That’s the kind of malicious regulatory compliance Apple is furious about — a compliance regime that will now be tested in the courts.
Will it make a difference?
Who knows? But the existential battle will decide the future of technology in Europe, and if the market is worth doing business in when compared to the cost of doing so. It will also determine the future of Apple, which will use its considerable resources to find some way to change the nature of the game.
One group it seems unlikely to help will be those of Apple’s European customers who are happy and accustomed to the Apple ecosystem, and don’t particularly want to use third-party services, as Apple’s right to offer that “pure Apple” experience seems a likely sacrifice to Europe’s politically-driven zeal. That is, unless cooler heads do curtail the Commission’s attacks.
You can follow me on social media! Join me on BlueSky, LinkedIn, and Mastodon.
#apple #challenges #europes #interoperability #demands
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