[HN Gopher] Apple and Meta fined millions for breaching EU law
       ___________________________________________________________________
        
       Apple and Meta fined millions for breaching EU law
        
       Author : Aldipower
       Score  : 301 points
       Date   : 2025-04-23 10:01 UTC (12 hours ago)
        
 (HTM) web link (ca.finance.yahoo.com)
 (TXT) w3m dump (ca.finance.yahoo.com)
        
       | pjc50 wrote:
       | Ah, they said the T-word, presumably to invoke some political
       | fire support from across the Atlantic. I wonder how that will go.
       | Of course, this is not a tariff, for two reasons: firstly, it
       | does not involve money (the UK's digital services tax does, but
       | that's not this), and secondly, the same rules would apply to EU
       | native competitors .. if there were any. It's what's knows as a
       | "non tariff trade barrier". Of course those are all over the
       | place, and many of them are there to protect consumer and public
       | interests.
       | 
       | > The EU regulator also dropped Meta's Marketplace's designation
       | as a DMA gatekeeper because the number of users fell below the
       | threshold.
       | 
       | Now that's interesting. I think the threshold is 45 million?
       | Falling EU userbase?
        
         | rsynnott wrote:
         | I'm a bit surprised usage was ever that high; that would imply
         | that almost 10% of the population was using _Facebook
         | Marketplace_!
         | 
         | I think I've looked at it maybe twice since it launched, to
         | admire all the weird scams. Maybe it's gotten better since? It
         | used to be sub-ebay levels of complete nonsense.
        
           | Aurornis wrote:
           | Facebook Marketplace is extremely popular depending on the
           | city you're in.
           | 
           | It has taken the place of Craigslist for younger generations.
        
             | xnorswap wrote:
             | What surprises me is how much people on this site
             | underestimate facebook.
             | 
             | Facebook literally _is the internet_ for millions of
             | people.
             | 
             | Facebook marketplace is far larger than craigslist and ebay
             | combined, even if you take both of those at their
             | respective peaks.
             | 
             | The open web might seem huge, but it's actually dwarfed in
             | size by Facebook.
        
               | aaronbaugher wrote:
               | Yeah, I often see claims online that Facebook is dead,
               | Facebook is just Boomers posting pictures of their
               | grandkids, etc. Maybe it's a regional thing, because
               | where I live, everyone's on Facebook. Most small
               | businesses, organizations, and communities here use it as
               | their primary (or only) online presence for promoting
               | themselves and staying in contact with their
               | customers/members. Marketplace has completely replaced
               | the old newspaper classified ads. That's unfortunate
               | since the search in Marketplace sucks, but it's happened.
               | 
               | My family uses its messenger for organizing things
               | because everyone has it, even if some of us rarely use it
               | except for that. If I wanted to draw attention to
               | something locally, whether it was promoting a service or
               | running for office, I'd be a fool not to use Facebook.
        
               | MyPasswordSucks wrote:
               | Part of the disconnect is that these days, a lot of the
               | Facebook use is concentrated in places you don't
               | necessarily see from the outside.
               | 
               | Like, fifteen years ago, if you happened upon the
               | Facebook page of a random person, you'd usually see a
               | handful of vacation pictures, a meme or three, some
               | updates from their latest Clash of Cookie Farm Kitchen
               | Dash session, and whatnot.
               | 
               | These days, all that stuff - if it's even still being
               | posted - is likely siloed away to Friends-only posts.
               | That random person might still be there, might still be
               | logging in every day, but you don't see the Messenger
               | group chats and the Marketplace offers/haggles.
               | 
               | Likewise for small businesses - a lot of the "look at
               | this thing we're selling now, come check it out" posts
               | now go to Instagram. They might still be auto-logging in,
               | still responding to PMs on Facebook, still clicking a few
               | news posts here and there, but that's just not visible on
               | the outside, and creates the perception of Facebook the
               | Ghost Town.
        
               | Aurornis wrote:
               | > What surprises me is how much people on this site
               | underestimate facebook.
               | 
               | It's the classic disconnect between engineering and
               | product management: When engineers don't want a product
               | and therefore conclude that nobody wants the product.
               | 
               | When I've brought up Facebook active user stats here in
               | the past I got flooded with responses suggested Facebook
               | was lying or manipulating their user counts to pump up
               | the stock.
        
             | Sloowms wrote:
             | *US city. I think people in my country would be able to
             | name Craigslist (not in use) over fb marketplace.
        
           | disgruntledphd2 wrote:
           | Remember that you're probably in a bubble. Marketplace was
           | _incredibly_ popular back in the days when I was at FB, and I
           | 'd have expected it to get more popular based on the people I
           | see around me (kids stuff is all over it).
           | 
           | Maybe the gatekeeper thing is a reflection of less people in
           | the EU using FB at all, rather than specifically Marketplace.
        
             | Sloowms wrote:
             | That bubble is the EU, which this law is about. I know a
             | bunch of European countries have their own Ebay/Craigslist
             | websites. Marketplace has never been even somewhat popular
             | in my country.
        
               | disgruntledphd2 wrote:
               | Yeah fair. I guess I forget that Ireland is now the
               | largest English speaking country in the EU, so I guess
               | I'm in a bubble. I am still really surprised that
               | Marketplace is no longer big enough to count as a
               | gatekeeper.
        
         | pyrale wrote:
         | > the same rules would apply to EU native competitors .. if
         | there were any.
         | 
         | By this same logic, I guess we can say that the EU isn't trying
         | to build a trade barrier favoring local competitors. So, while,
         | as you say,
         | 
         | > It's what's knows as a "non tariff trade barrier".
         | 
         | ...It's also not that, since the goal isn't prevent them from
         | competing equally in the market, where they have no
         | competition.
        
         | Mindwipe wrote:
         | I wonder if eBay's free listings is taking marketshare back?
        
         | reissbaker wrote:
         | "the same rules would apply to EU maybe competitors... if there
         | were any."
         | 
         | That can actually be an example of a tariff, though. Basically
         | every country specializes in something, and imports things
         | they're not good at making. For example: cheese, or luxury
         | watches, or GPUs. If you have a special law that charges
         | companies money _only for the categories you import_ and you
         | carve out exceptions for  "small" (aka domestic) markets, a la
         | the DMA, you have effectively created a tariff.
        
       | drooopy wrote:
       | I don't understand meta's statement that this handicaps american
       | businesses while allows European and Chinese companies to operate
       | under different standards.
        
         | pjc50 wrote:
         | The measures apply by size, not by country of origin. It
         | happens that the companies over the threshold are American. So
         | their statement is basically untrue, but that's politics these
         | days.
        
           | robin_reala wrote:
           | There are a couple of companies in the list[1] (of seven)
           | that aren't US-based. ByteDance are Chinese and Booking are
           | EU (NL).
           | 
           | [1] https://digital-markets-act.ec.europa.eu/gatekeepers_en
        
             | phatfish wrote:
             | Booking Holdings which Wikipedia has as the parent of
             | booking.com seems to be US owned.
        
               | andsoitis wrote:
               | Yes. Booking Holdings Inc. is incorporated in Delaware,
               | listed on the Nasdaq with principal executive offices in
               | Connecticut. See SEC filing: https://d18rn0p25nwr6d.cloud
               | front.net/CIK-0001075531/87dc4e5...
        
               | xeromal wrote:
               | Had no idea booking.com was american. I always assumed it
               | was euro-based.
        
               | dagw wrote:
               | Booking.com was founded in the Netherlands and is still
               | headquartered there, but was bought by a US company
               | (Priceline) well over a decade ago.
        
               | xeromal wrote:
               | That makes sense. It just didn't have the energy of an
               | American company and I say that as one. I love
               | booking.com
        
             | c0n5pir4cy wrote:
             | Probably also important to note, is that ByteDance and
             | TikTok are also currently being investigated by the
             | European Commission. Although for different reasons under
             | the Digital Services Act - so it's not like they are
             | targeting US companies specifically with the law.
             | 
             | Also the commission is known to fine European entities all
             | the time for various reasons, one of the recent ones I can
             | think of is Pierre Cardin and it's partners for restricting
             | cross border European sales.
        
           | xvector wrote:
           | Spotify conveniently falls outside of the scope of this law
           | when any artist would tell you it should absolutely be
           | covered.
           | 
           | The DMA is gerrymandered to exclude domestic businesses.
           | Whenever the EU faces budget shortfalls, they know they can
           | just make up some bullshit law and fine US tech.
           | 
           | > EU are basically enforcing market capitalism by disallowing
           | monopolistic practices.
           | 
           | Users are free to just not buy iOS devices. Users are free to
           | just not use Meta services.
           | 
           | There is no monopoly here. This is all much ado about
           | nothing.
           | 
           | No real-world user is meaningfully harmed by the current
           | state of Apple App Store/Meta Ads, but plenty will be harmed
           | once spyware/piracy sideloading becomes common. Many small
           | businesses will collapse due to ineffective advertisement
           | (large businesses will love it though - it becomes a winner-
           | take-all market).
        
             | pbhjpbhj wrote:
             | I'm curious, what is your preferred financial regime? EU
             | are basically enforcing market capitalism by disallowing
             | monopolistic practices. Do you find that wrong in general?
             | 
             | Perhaps you prefer an industro-fascist regime where
             | businesses are not bound by any tailored laws? Pretty sure
             | there would already be alternative iOS app stores under
             | such a regime - government controls (IPR system, computer
             | security laws) seem necessary to enable these sorts of tech
             | monopolies.
        
             | mhitza wrote:
             | > Whenever the EU faces budget shortfalls, they know they
             | can just make up some bullshit law and fine US tech.
             | 
             | If that would be the case, the EU could be drowning in
             | money by being more aggressive with GDPR enforcement and
             | follow-through.
        
               | Yeul wrote:
               | 500 million sounds like a lot but that is just a drop in
               | the ocean for first world nation states. The Netherlands
               | has a yearly budget of 300 billion for example.
        
             | piva00 wrote:
             | > Whenever the EU faces budget shortfalls, they know they
             | can just make up some bullshit law and fine US tech.
             | 
             | The EU's budget is massive, no shortfall is covered by
             | these fines since to collect them it takes another massive
             | legal battle, that's just bullshit being regurgitated on
             | the internet (especially on this forum). If that was the
             | case the EU would be issuing GDPR fines all over the place
             | to cover shortfalls, it doesn't happen in reality.
             | 
             | > Spotify conveniently falls outside of the scope of this
             | law when any artist would tell you it should absolutely be
             | covered.
             | 
             | Spotify does not behave like the most similar category
             | covered by the DMA: video sharing like YouTube. Spotify
             | does not hold exclusive access to the content and the
             | audience, YouTube Music, Apple Music, and other players
             | have almost the same catalogue as Spotify has so users are
             | free to move between those services without penalty. Now
             | try moving from YouTube to a competitor, a completely
             | different beast.
             | 
             | The DMA exists to counter an imbalance in the power these
             | massive tech companies have in detriment to competition,
             | it's quite a simple prerogative, Spotify doesn't hold at
             | all the same power as YouTube has, or Google Search, or any
             | other platform under the DMA.
        
             | rsynnott wrote:
             | Spotify feels like a slightly marginal case, and it
             | wouldn't be surprising to see it added to the list. It
             | clearly wasn't big enough a few years back when all this
             | was being defined, but it's gotten quite a lot bigger
             | since.
        
             | sensanaty wrote:
             | > The DMA is gerrymandered to exclude domestic businesses.
             | 
             | Except Booking (~EU, based in NL~* _) falls under the DMA,
             | and ByteDance (China? I think) does as well. All the same
             | restrictions fall on them too.
             | 
             | > Users are free to just not use Meta services.
             | 
             | True in theory, not so much in practice. I work for a
             | company that deals directly with WhatsApp in NL, and I
             | guarantee you for businesses it's a death knell to not have
             | a WA Business presence. Even the local gemeente (aka city
             | council) and other gov't establishments are on WhatsApp
             | too. Recently more people are moving onto Signal and
             | Telegram, but that remains a minority.
             | 
             | Don't even get me started on Asia, especially
             | India/Indonesia, where even despite the existence of Line
             | and similar apps everything is _still* almost exclusively
             | on WA. A bit different in East Asia where Line and other
             | apps are more predominant (hardly relevant for the EU
             | though).
             | 
             | Spotify doesn't fall under the DMA because it's not
             | gatekeeping anything and it _does_ have plenty of
             | competition, many of which pay artists better and have
             | basically equal selections. YT Music, Apple Music, Deezer,
             | Tidal, Bandcamp and I 'm sure dozens and dozens of others
             | all exist and are used.
             | 
             | > ... but plenty will be harmed once spyware/piracy
             | sideloading becomes common
             | 
             | Interesting how this evil sideloading boogeyman hasn't
             | happened on Android.
             | 
             | > ... Many small businesses will collapse due to
             | ineffective advertisement
             | 
             | The same small businesses that are forced into paying 30%
             | to Apple/Google for simply existing on their app store?
             | 
             | > (large businesses will love it though - it becomes a
             | winner-take-all market).
             | 
             | So, the gatekeepers as listed under the DMA? Y'know, the
             | giants that literally hold all the keys and can dictate how
             | the entire market should work based on their rules? The
             | very same ones that have opaque ad-bidding systems that
             | they control inside-and-out and can do anything they want
             | to with?
             | 
             | [**] Seems I'm wrong there (See andsoitis' reply to my
             | comment), but didn't want to edit out my original comment.
             | 
             | Regardless, calling it gerrymandering of local businesses
             | is simply incorrect, and I can speak for at least myself
             | that if we even had any tech companies that big (and I hope
             | we never do), we'd expect them be subject to the exact same
             | rules and laws.
        
               | andsoitis wrote:
               | > Booking (EU, based in NL)
               | 
               | Booking Holdings Inc. is incorporated in Delaware, listed
               | on the Nasdaq with principal executive offices in
               | Connecticut. See SEC filing: https://d18rn0p25nwr6d.cloud
               | front.net/CIK-0001075531/87dc4e5...
        
               | sensanaty wrote:
               | Thanks, edited my comment to reflect I was wrong there.
        
         | onli wrote:
         | It's not completely unwarranted. According to the article,
         | Facebook was fined for their model of asking for pay or accept
         | tracking. Which is exactly what almost all publishers do, e.g.
         | all big German newspapers. It's absolutely clear that this is
         | against the law - they could show ads, but can't invade the
         | users privacy for that, so no tracking ads - but they do it
         | anyway and got away with it in various decisions. And now
         | Facebook gets a huge fine for the same behaviour.
         | 
         | Which is good in a way, maybe it will lead to a behaviour
         | correction also for the smaller publishers. But it's of course
         | not an equal treatment.
         | 
         | Apple on the other hand completely deserves its fine, without a
         | question. They got clear rules and did everything to circumvent
         | them. The Apple's Core Technology Fee was obviously illegal.
         | Don't know why they expected to get away with that, there
         | wasn't even a minimal chance of that working. Idiots.
        
           | tossandthrow wrote:
           | Big German newspapers do not need to comply under DMA.
           | 
           | The EU focusses, rightfully, on EU macro dynamics with these
           | laws, not how smaller outlets work.
           | 
           | This is very much reasonable. When a platform is big, it has
           | bigger impact, but also bigger budgets to hire legal help and
           | bigger budgets to stay compliant.
           | 
           | This is well established in accounting where there exists
           | different rules depending on size (in many jurisdictions)
        
             | fp64 wrote:
             | What's another example of different rules depending on
             | size? "Content Moderation" I think? Anything outside the
             | DMA? I think small companies get some exceptions for
             | documentation requirements?
        
               | agos wrote:
               | in my part of Europe there are tons: companies over a
               | certain size might have different rules for layoffs, have
               | to have union representatives, must pay for safety
               | courses for the employees, must employ a certain
               | percentage of people with disabilities...
        
               | tossandthrow wrote:
               | It is a derivative of what is called the "Risk Based
               | Approach" in compliance, and is widely adopted.
               | 
               | As for companies and accounting you can look into the
               | directive 2013/34/EU that established micro, small, and
               | medium sized companies based on their size. These types
               | of companies have different reporting requirements.
        
               | eesmith wrote:
               | In the US, some laws specifically exclude small
               | companies. For example, the Equal Employment Opportunity
               | Act of 1972 requires 15 employees, and the Immigration
               | Reform and Control Act of 1986 requires 4 employees.
        
               | intrasight wrote:
               | You could try to find some analogies but you probably
               | won't succeed since this is clearly just targeting
               | American big Tech
        
               | dktp wrote:
               | G-SIB banks for example
        
             | BurningFrog wrote:
             | In practice it means that only American companies end up
             | paying large fees to the EU.
        
               | alextingle wrote:
               | There are no fees.
        
               | pyrale wrote:
               | It also means that not all US companies have to comply,
               | and that the ones that do are the most competitive
               | companies in the market, making their claim that they
               | have trouble competing moot.
        
           | Arkanum wrote:
           | I agree, except the DMA specifically only applies to
           | companies over a specific size. I think if the German
           | newspapers were at FB/Apple scale, in terms of number of
           | users, then the DMA would apply (i.e. they would be
           | designated gatekeepers or similar) and they could also be
           | fined. Although I think pay for no ads is also a violation of
           | GDPR maybe?
        
             | onli wrote:
             | Exactly. While DMA does not apply, GDPR does. But it gets
             | ignored and weakened by decision against the letter and the
             | spirit of the law - which does not surprise if you realize
             | how much power those legacy publishers hold. Not so FB, not
             | here at least.
             | 
             | So it's not exactly the same regulation but pretty much the
             | same situation. I'd also be pissed.
        
               | tzs wrote:
               | GDPR does not purport to outlaw targeted advertising. It
               | just purports to require that the target consent.
               | 
               | In pretty much every other area of law in most of the
               | world (including Europe) consent can be bought--the party
               | requesting consent gives the consenter something in
               | exchange for consent, and will not give that thing unless
               | consent is given.
               | 
               | But under the rulings from some regulators that doesn't
               | work for GDPR. Consent is apparently only considered to
               | be freely given if withholding it would not result in any
               | detriment such as not getting the same level of service
               | or having to pay money for service.
               | 
               | If regulators want to outlaw targeted advertising it
               | would be a lot better if they just did that, instead of
               | making consent in GDPR work differently from how it has
               | worked for pretty much everything else pretty much
               | everywhere for centuries.
        
               | fc417fc802 wrote:
               | That's not entirely fair. The concept of duress exists
               | and is always at odds with consent in a transactional
               | setting. The issue is where to draw the boundary between
               | "you freely chose to do business" and "you were coerced
               | into accepting unfavorable terms".
               | 
               | I'm inclined to think that "pay or be tracked" is usually
               | the former. The issue was never that I shouldn't have to
               | pay but rather that I wasn't given the choice in the
               | first place.
        
               | poizan42 wrote:
               | GDPR Art. 7 section 4:
               | 
               | > When assessing whether consent is freely given, utmost
               | account shall be taken of whether, inter alia, the
               | performance of a contract, including the provision of a
               | service, is conditional on consent to the processing of
               | personal data that is not necessary for the performance
               | of that contract.
               | 
               | Don't blame the regulators, it's pretty clear that
               | "paying" with consent is a no-go from the text itself.
        
               | orangecat wrote:
               | _If regulators want to outlaw targeted advertising it
               | would be a lot better if they just did that_
               | 
               | Exactly. As it is now they're practically encouraging
               | publishers to use dark patterns to trick users into
               | "agreeing" to tracking.
        
             | etiennebausson wrote:
             | Pay for no tracking / Personal Information trade is
             | illegal. Pay for no advertising is legal. That's what
             | Youtube is doing.
             | 
             | It's meta's "pay or allow us to sell your personal
             | informations that is the issue, not advertising by itself.
        
       | tossandthrow wrote:
       | This is a result of the severe neglect to enforce anti trust in
       | the US. Now other countries need to kick in with diplomatic
       | adverse effects... sigh.
        
       | ENGNR wrote:
       | Would looove to distribute an app without it having to be in the
       | App Store, and not paying the App Store fee (direct download of
       | signed binary). Happy to pay a yearly fee or fee per update to
       | cover code review if it's crucial. But 30% of revenue for doing
       | bugger all... cmon, they're squeezing the lemon a bit too hard.
        
         | intrasight wrote:
         | From what I hear, users are tired of installing apps. You can
         | make a website and not face any gatekeepers or restrictions.
        
           | popol12 wrote:
           | What if your app needs to send notifications and/or use
           | bluetooth, for instance ?
        
             | intrasight wrote:
             | From what I hear, most users disable notifications.
             | 
             | You can do like Airbnb and send text messages.
             | 
             | You can do Bluetooth in JavaScript through the Web
             | Bluetooth API.
        
               | Sayrus wrote:
               | A little caveat of Web Bluetooth API is that it's like
               | WebUSB and mostly available on Chrome. I don't think
               | Chrome for iOS is using blink yet so you'll probably not
               | have access to this API on iOS.
        
               | madeofpalk wrote:
               | Both WebUSB and WebBluetooth is still a draft spec, and
               | is doubtful to progress any further with both Mozilla and
               | Webkit objecting to it
               | 
               | https://mozilla.github.io/standards-positions/#web-
               | bluetooth
               | 
               | https://webkit.org/tracking-prevention/#anti-
               | fingerprinting
               | 
               | Essentially, these are proprietary that are a part of an
               | embrace, extend, and extinguish strategy by Google
               | Chrome.
        
               | thoroughburro wrote:
               | > From what I hear, most users disable notifications.
               | 
               | Where'd you hear that? Surely _most_ users don't change
               | defaults.
        
               | acdha wrote:
               | There isn't a default on iOS, you're prompted for each
               | new app when it requests notification permissions. People
               | have found that users hit no a lot more when the app
               | prompts with no explanation than when it clearly explains
               | what benefit it has to the user.
        
               | rini17 wrote:
               | Then the flood of notifications gets ignored, with
               | practically the same result.
        
             | darekkay wrote:
             | There are web APIs for both.
        
               | echoangle wrote:
               | Not on iOS. There's no Bluetooth support in safari.
        
               | JimDabell wrote:
               | "Web Bluetooth" is a Blink-only API that both Mozilla and
               | Apple rejected on security grounds.
        
               | mdhb wrote:
               | What a weird thing to put in scare quotes.
        
             | acdha wrote:
             | All modern browsers support notifications:
             | 
             | https://caniuse.com/notifications
             | 
             | Bluetooth is limited to Chrome because Apple and Mozilla
             | were concerned about privacy and security:
             | 
             | https://caniuse.com/web-bluetooth
        
             | merek wrote:
             | PWAs offer support for push notifications [1], but
             | apparently they are not as seamless as in native apps,
             | especially on iOS.
             | 
             | If you've never heard of PWAs [2], they allow you to add
             | native mobile app functionality to a mobile website,
             | including the ability to install your website as though it
             | were an app, and ability to cache resources for offline
             | use. I haven't worked on app development for a while, but
             | when I did several years ago, all that was required to turn
             | a mobile website in to a PWA was a service worker file (a
             | JS file to define resource caching rules), and a
             | manifest.json file (essentially metadata used by the home
             | screen icon, including title and icon image).
             | 
             | Apparently PWAs still aren't on par with native apps in
             | terms of capability and UX. Nonetheless I hope PWAs become
             | popular for their simplicity, and for being decoupled from
             | platforms. It's a bit insane to me that native app
             | development usually requires heavy platform specific IDEs
             | (Android Studio, Xcode), both of which have steep learning
             | curves, and after all that development effort, you only
             | have an app that works on 1 platform. Building a basic
             | mobile app shouldn't require anything more than HTML, JS
             | and CSS, and it shouldn't be tied to any specific platform.
             | 
             | 1. https://developer.mozilla.org/en-
             | US/docs/Web/Progressive_web...
             | 
             | 2. https://developer.mozilla.org/en-
             | US/docs/Web/Progressive_web...
        
               | Arkanum wrote:
               | AIUI Apple has deliberately kneecapped PWAs on iOS to
               | stop them competing with their App Store.
        
             | arrowsmith wrote:
             | Most apps that "need" to send notifications don't, in fact,
             | need to.
        
               | popol12 wrote:
               | Yeah but, what about apps that actually do ?
        
           | layer8 wrote:
           | Web apps offer a subpar experience.
        
           | immibis wrote:
           | Meanwhile on Hacker News: "Web apps suck. Native apps are so
           | much better. Why can't everything be a native app?"
        
         | Hamuko wrote:
         | The barrier of entry for me is having to pay $99/year just to
         | notarize and sign my macOS applications that me and maybe three
         | other people use. Just a lot easier to link to instructions on
         | how to bypass Gatekeeper or make them compile it themselves
         | from source.
         | 
         | Although I think my go-to instructions at https://disable-
         | gatekeeper.github.io/ are not being kept up to date?
        
           | eastbound wrote:
           | No, the barrier is to pay above 1m downloads. $99/yr is a
           | o(everything your have to do to publish a safe app online and
           | maintain it safe).
        
         | irusensei wrote:
         | Personally I wouldn't install software unless it were from a
         | really trusted person doing something extremely unique and
         | useful that doesn't have an alternative on the Apple Store
         | (think UTM with JIT for iPad).
         | 
         | Please don't take that as a negative comment but I suspect most
         | people source their software from conveniently centralized
         | repos whether it be App Store, Steam or even the main package
         | manager on a Linux distribution.
        
           | nottorp wrote:
           | Most and mostly.
           | 
           | But I'd still like to be able to install whatever the fuck I
           | want on my iPhone, should I decide to based on my own
           | criteria, without going through Apple or even a fucking
           | "alternative app store" that is still Apple censored.
        
           | Silhouette wrote:
           | The point is that it becomes your choice. For example some
           | people might choose to use a different web browser instead of
           | Safari on their Apple device so they can use some web apps
           | fully and not have to install similar local apps at all.
        
           | mpweiher wrote:
           | Great, and you are free to do so and will continue to be free
           | to do so.
           | 
           | The point is that the OP is not free to do so.
        
             | tonyedgecombe wrote:
             | >Great, and you are free to do so and will continue to be
             | free to do so.
             | 
             | Not necessarily, once other channels are available
             | developers could choose to force their clients down that
             | road.
        
           | thrance wrote:
           | You mentioned linux package managers, these existing are
           | proof enough that a 30% cut isn't required for ensuring the
           | safety of what you install. In fact, I'd wager there is that
           | much more dangerous garbage in the app store than in pacman's
           | database.
        
             | charlie-83 wrote:
             | As much as I think Apple's cut is unreasonable, I think all
             | this shows is that people are making a lot more dangerous
             | software for apple's larger less tech savvy userbase than
             | for arch's.
        
             | immibis wrote:
             | The Linux package repositories take a 30% cut of zero. If
             | the software wasn't free, it would be entirely reasonable
             | for them to demand a cut
        
               | lukeschlather wrote:
               | On Android there's a repository called F-Droid which
               | offers free software. Apple won't let anyone create a
               | FOSS repo like that for iOS.
        
               | TheDong wrote:
               | I can install Jetbrains via most linux package managers,
               | launch it, and pay money. I can install steam and pay for
               | games. I can install sublime text and give em cash.
               | 
               | Arch linux doesn't try to take 30% of all the games I buy
               | on steam, nor does it prevent steam from asking me for my
               | credit card.
               | 
               | Apple reviews all apps to make sure they don't ask for
               | your credit card, don't tell you where you can buy the
               | same good online, and make sure that if you do sell
               | anything, apple gets its 30% cut, even if it's a virtual
               | store like steam. That's the reason you can't buy kindle
               | books on iOS (even though you can buy apple books? Weird?
               | Isn't that illegal anti-competitive behavior?)
               | 
               | It would absolutely not be reasonable for linux package
               | managers to demand that I pay 30% more for all games on
               | steam if I did "pacman -Sy steam" vs downloading steam
               | from valve's website and figuring out how to get it
               | working on arch-linux (taking the deb, extracting it with
               | 'ar', and installing some dependencies)
        
         | blitzar wrote:
         | > cmon, they're squeezing the lemon a bit too hard
         | 
         | They got hooked on the lemon juice. Nobody at Apple making
         | millions a year to write emails and sit in meetings wants to be
         | out on the street for putting up their hand and saying "hey
         | lets just take 10% and have a healthy ecosystem long term,
         | which will let us continue to sell phones to people every year
         | with a profit margin of $500".
        
           | Hamuko wrote:
           | Phil Schiller has actually made some comments about being
           | less greedy, like possibly ratcheting down the 30% cut once
           | the App Store started making serious revenue or not shaking
           | down developers if they use external payment methods. Not
           | that Schiller has actually made any changes at Apple to do
           | any of the less greedy things.
           | 
           | https://www.theverge.com/2021/5/4/22418828/apple-app-
           | store-c...
           | 
           | https://www.macrumors.com/2025/02/25/apples-phil-schiller-
           | co...
        
             | madeofpalk wrote:
             | That was a long time ago. Now,
             | 
             | > _"You download the app and it doesn't work, that's not
             | what we want on the store," says Schiller. This, he says,
             | is why Apple requires in-app purchases to offer the same
             | purchasing functionality as they would have elsewhere._
             | 
             | https://techcrunch.com/2020/06/18/interview-apples-
             | schiller-...
        
       | hadrien01 wrote:
       | Press release:
       | https://ec.europa.eu/commission/presscorner/detail/en/ip_25_...
        
         | sunaookami wrote:
         | Huh, so Facebook Marketplace is no longer designated as a
         | Gatekeeper because it has not enough business users.
         | 
         | --
         | 
         | Other related PR:
         | https://ec.europa.eu/commission/presscorner/detail/en/ip_25_...
         | 
         | This rules that the "Core Technology Fee" is de facto illegal.
        
       | izacus wrote:
       | The EU Comission press release:
       | https://ec.europa.eu/commission/presscorner/detail/en/ip_25_...
        
         | robinwohlers wrote:
         | It's funny to see a "share this page on Facebook" option at the
         | bottom of the press release.
        
           | qwertox wrote:
           | Which shows that they're not discriminating. TikTok is
           | missing, though.
        
           | diggan wrote:
           | At least they seem to have their own system in place for
           | displaying those share buttons, as there are no requests to
           | 3rd party domains on page load, everything loads from
           | *europa.eu. Could have been worse :)
        
           | owebmaster wrote:
           | It shouldn't be funny, social media isn't doing the world any
           | favor, they gotta behave
        
             | robinwohlers wrote:
             | "Not funny haha, funny weird"
        
           | miohtama wrote:
           | EU comission has been fined for breaching GDPR they designed
           | themselves
           | 
           | https://www.reuters.com/world/europe/first-eu-court-fines-
           | eu...
        
             | bootsmann wrote:
             | A government that is not above its own laws. Surprisingly
             | difficult for some people here to appreciate.
        
       | yupyupyups wrote:
       | Apple should remove privacy from their vocabolary.
        
         | lopis wrote:
         | They keep doing that to try to paint this as a loss for users.
         | Users have much to win with this, as it will give some real
         | competition to the Apple ecosystem, and potentially saving
         | users money. So it's only natural Apple will pull all the cards
         | like saying it threatens users privacy.
        
       | madeofpalk wrote:
       | > _Under the DMA, app developers distributing their apps via
       | Apple 's App Store should be able to inform customers, free of
       | charge, of alternative offers outside the App Store, steer them
       | to those offers and allow them to make purchases._
       | 
       | To me, this is the most easily agreeable part of what the EU has
       | been after. It is unfair that Apple restricts Netflix from
       | telling it's users that they can sign up and pay for Netlifx on
       | their own website. It's unfair that Netflix can't even tell its
       | users the rules that Apple enforces on them.
       | 
       | It's telling that Gruber is pretty staunchly against EU/DMA
       | interferance in Apple, and broadly thinks they're wrong. But this
       | is the one thing he agrees on
       | 
       | > _If Apple wants to insist on a cut of in-app purchased
       | subscription revenue, that's their prerogative. What gets me,
       | though, are the rules that prevent apps that eschew in-app
       | purchases from telling users in plain language how to actually
       | pay. Not only is Netflix not allowed to link to their website,
       | they can't even tell the user they need to go to netflix.com to
       | sign up_
       | 
       | https://daringfireball.net/2019/01/netflix_itunes_billing
       | 
       | https://daringfireball.net/2020/07/parsing_cooks_opening_sta...
       | 
       | (I _think_ Apple now has their  'reader app' carveout for apps
       | like Netflix, but it's still pretty obtuse and inconsistent)
        
         | madeofpalk wrote:
         | Also,
         | https://ec.europa.eu/commission/presscorner/detail/en/ip_25_...
         | 
         | > _The Commission takes the preliminary view that Apple failed
         | to comply with this obligation [to allow third party app
         | stores] in view of the conditions it imposes on app (and app
         | store) developers. Developers wanting to use alternative app
         | distribution channels on iOS are disincentivised from doing so
         | as this requires them to opt for business terms which include a
         | new fee (Apple 's Core Technology Fee). Apple also introduced
         | overly strict eligibility requirements, hampering developers'
         | ability to distribute their apps through alternative channels.
         | Finally, Apple makes it overly burdensome and confusing for end
         | users to install apps when using such alternative app
         | distribution channels._
         | 
         | This is great to hear. It sounds like they've just found Apple
         | non-compliant in making alternate app stores as discouraging
         | for both developers and user as possible. I guess it'll take
         | another 12 months for any fines or changes from Apple.
        
           | stavros wrote:
           | The two companies have two months to comply, or there will be
           | daily fines.
        
             | madeofpalk wrote:
             | I don't think so - they've only been fined for the in-app
             | anti-steering provisions.
             | 
             | For the second App Marketplace issue, I think that's just a
             | preliminary finding and is going to take longer to work out
             | 
             | > _Apple now has the possibility to exercise its rights of
             | defence by examining the documents in the Commission 's
             | investigation file and by responding to the preliminary
             | findings_
        
               | stavros wrote:
               | Hm, maybe, I'm just going by what the article says:
               | 
               | > The companies have two months to comply with the orders
               | or risk daily fines.
               | 
               | Maybe they got it wrong, though.
        
               | antasvara wrote:
               | I think you're both sort of right.
               | 
               | The orders in question here are 1 for Apple (the one that
               | made circumventing Apple payments super difficult) and 1
               | for Meta (their ad-free subscription service). Meta and
               | Apple have to comply with those within 2 months.
               | 
               | The preliminary finding on sideloading apps isn't subject
               | to that 2 month compliance deadline from what I can tell.
        
         | Yeul wrote:
         | Aren't Americans always going on about free speech?
        
           | mdhb wrote:
           | Just never in a logically consistent manner.
        
             | NilMostChill wrote:
             | and usually in a context where the concept they are
             | thinking of (the constitution) doesn't apply (anywhere that
             | isn't the government)
        
               | orangecat wrote:
               | Free speech isn't good because it's in the Constitution,
               | it's in the Constitution because it's good.
        
             | fc417fc802 wrote:
             | Sure it is. Lots of us also go on about private property
             | rights and freedom of association. Apple is restricting the
             | behavior of entities doing business through them on a
             | platform they own. The logic is that you remain free to
             | speak - elsewhere. Meanwhile Apple remains free not to do
             | business with you if you can't or won't accept their terms.
             | 
             | (Well really the _legal_ argument is that Apple isn 't the
             | government and so the first amendment doesn't bind their
             | policies but there's an ideological aspect in addition to
             | the legal one.)
             | 
             | The issue missed by such an analysis is the outsized impact
             | the megacorp has. Without strong competition (ie not a
             | duopoly or even an oligopoly) regulation is required to
             | protect consumers against practices that otherwise would be
             | financially discouraged.
             | 
             | There are also a few other blindspots people here tend to
             | have regarding regulation. In particular that sometimes
             | detrimental behaviors exist that are perversely
             | incentivized rather than discouraged by the market despite
             | being obviously worse for consumers. A lot of people here
             | seem to conveniently forget that such things are even
             | within the realm of possibility.
        
           | paxys wrote:
           | Every American is pro free speech for the kind of speech they
           | like.
        
           | LanceH wrote:
           | There is also the freedom to engage in a contact.
           | 
           | The freedom of speech isn't restricted, apple just isn't
           | providing a platform to speak on.
           | 
           | This is an anti trust issue balance against two parties
           | ability to be bound by contract.
        
           | madeofpalk wrote:
           | If you extend "speech" to "any kind of action an individual
           | or company can do", then no. There's plenty of laws
           | regulations that restrict what you can do in USA.
        
           | freedomben wrote:
           | As an American who thinks free speech is one of the most
           | important rights we have, I wish the answer to your question
           | would be a collective "yes" but unfortunately it is not.
        
             | baby wrote:
             | In America free speech is always limited to what "I find
             | acceptable". There's an infinite number of things that lots
             | of Americans will find unacceptable. Swearing is
             | beeped/censored everywhere (even on youtube), songs release
             | "explicit" and "clean" versions, nipples are blurred on TV,
             | some words you can't say even in an educational or karaoke
             | setting (N-word, R-word, etc.)
        
               | freedomben wrote:
               | I don't disagree with you, but I do think it's important
               | to distinguish between a censored swear word or nipple,
               | and taking down an entire video because it mentions the
               | Lab Leak Theory at a time when that was politically
               | unacceptable. The former may be suppressing a small
               | element of the "speech" but it's not (for the most part)
               | restricting the expression/transmission of ideas. It's
               | also a very firm and defined standard that is unambiguous
               | (i.e. here is a list of words you can't say, use
               | substitutes to convey meaning v. here is a list of
               | opinions you aren't allowed to express). The latter on
               | the other hand is absolutely the suppression of ideas,
               | which IMHO is what "free speech" is really about and why
               | it's so important.
        
             | rzwitserloot wrote:
             | I don't understand what you're on about. The only laws that
             | the USA has on the books that says anything about this are
             | either [A] recently written state laws written as vehicles
             | to virtue signal, particularly by DeSantis in Florida, or
             | [B] the exact opposite.
             | 
             | For example, the first amendment indicates that apple
             | doesn't just have the right to tell its users of its app
             | store to say nothing about alternate payment methods. It
             | goes further than that: The government must not tell Apple
             | anything else. That's stretching 1A a bit; more likely 1A
             | says nothing at all about what Apple is doing here.
             | 
             | "Free Speech" is a thing americans are fond of saying, but
             | unfortunately, considering that 1A is often called 'the
             | free speech amendment', what that _actually_ means is
             | usually unclear, and in this day and age, that means it
             | gets weaponized: Folks start harping on about free speech
             | and pick whatever of the many conflicting definitions so
             | happens to suit their needs at that exact moment.
             | 
             | Evelyn Beatrice Hall was british, not american. She's the
             | author of "I disapprove of what you say, but I will defend
             | to the death your right to say it".
             | 
             | The thing about 1A and free speech in general: Forcing
             | somebody to say something is just as bad as forcing
             | somebody not to say something. And, once you start talking
             | about non-governmental entities and 'free speech', those
             | two things are at odds. After all, if the government tells
             | some social network that they MUST NOT ban some user or
             | delete some posting, that is compelled speech, and that's
             | what I meant with '1A means the opposite of what you / this
             | case / most americans think it means'. 1A protects the
             | right of private companies to restrict your speech. It does
             | not protect your right to have your speech protected from
             | being suppressed, deleted, or otherwise restrained by
             | private actors.
        
           | bloppe wrote:
           | Technically, the first amendment applies only to state
           | actors, not private entities. See Manhattan Community Access
           | Corp. v. Halleck, Hudgens v. NLRB, and many other cases that
           | upheld this interpretation. Private companies like Apple can
           | restrict free speech on their platforms legally (at least as
           | far as the first amendment is concerned).
           | 
           | That said, I believe in the principle of free speech,
           | especially as envisioned by Tim Berners Lee for the Web. I
           | wish more Americans could adhere to those principles even
           | when the speech is not to their taste. Certainly feels like a
           | lot of cultural backsliding happening.
        
             | rzwitserloot wrote:
             | > Technically, the first amendment applies only to state
             | actors, not private entities.
             | 
             | That's probably not what the person you're responding to is
             | talking about.
             | 
             | Americans have this unfortunate tendency to harp on and on
             | about 'free speech' in contexts where the first amendment
             | obviously does not apply, or, even more
             | intriguingly/ironically, where the first amendment pretty
             | clearly states the exact opposite.
             | 
             | For example, if some non-government-owned platform (such as
             | a social network) bans a user, and that user says "My free
             | speech rights are being infringed".
             | 
             | Whereas what the 1A actually states is the exact opposite:
             | That platform has the right to ban that user, and the
             | government is constitutionally restrained: If the
             | government were to make a law that forces this social
             | network to unban this user, that'd be the 1A violation.
             | 
             | Then there are only 3 options:
             | 
             | 1. That user wildly misunderstands free speech. And given
             | how common this is, 'most americans' is perhaps [citation
             | needed] but the sentiment is understandable. It's not just
             | that "My free speech!" is so common, it's also that
             | articles about some incident pretty much never talk about
             | this. Lawyers, legal wonks, legal podcasts that sort of
             | thing - they talk about it, but, niche audience.
             | 
             | 2. The meaning of 'free speech' in the sentence 'this
             | social network has banned me; my free speech is being
             | infringed' is not referring to 1A but to the concept as a
             | general principle; a principle that is orthogonal, or even
             | mutually exclusive with, the definition of 'free speech'
             | the way 1A intends it.
             | 
             | 3. They know exactly what 1A means but they are lying
             | through their teeth in order to get some internet group
             | ragin' going on.
             | 
             | If we make a habit of assuming good intentions, the nicest
             | choice is option 2.
             | 
             | The somewhat famous "Section 230" covers part of this, and
             | explains some of the pragmatic reasoning behind MCAC v
             | Halleck: If you hold private companies responsible for
             | having infringed free speech rights, then private companies
             | are going to bend over backwards making clear they are not
             | going to moderate. Anything. For any reason. Legal reasons,
             | you see.
        
               | kube-system wrote:
               | It's a combination of 1 and 2 for the most part.
               | 
               | There's a lot of nuance lost when the Bill of Rights is
               | being taught in US grade schools. Most kids read each of
               | the amendments but then are given a simplified
               | interpretation. "The first amendment guarantees a right
               | to free speech" would have been correct enough for a test
               | answer when I was in school, although it loses enough
               | nuance to frequently be incorrect, because people often
               | presume that equates to "I can say what I want without
               | consequence and the government will protect my ability to
               | do it", when it more accurately should probably be taught
               | as "the government has a limited ability to meddle in
               | other's speech"
               | 
               | The net effect is both that people misunderstand the 1st
               | amendment, and they also believe that _what they thought
               | it meant_ is an important value.
        
               | freedomben wrote:
               | > _I don 't understand what you're on about._
               | 
               | Likewise, I think we have a miscommunication here because
               | I agree with everything you wrote.
               | 
               | I'm not making a legal argument about free speech at all.
               | I agree with your analysis on the legality there. Now
               | that said, I do think the Biden admin crossed the line of
               | legality with their collaboration (and a little implied
               | threatening) Twitter and Facebook, and their whole
               | establishing an office whose job it was to report
               | "disinformation" on social media to the tech giants.
               | 
               | I'm speaking culturally. To go back to the Lab Leak
               | Theory example when Youtube was taking down any videos
               | that even mentioned it (even if the mentioner was a well-
               | respected Evolutionary Biologist) wasn't illegal, but it
               | was a total abandonment of free speech principles. It
               | feels like it's abated quite a bit in the last year or
               | two, but for a while there, there were ideological rakes
               | all over the place that any mention of would get your
               | content taken down by big tech.
               | 
               | Now all that being said, I do think there's a point at
               | which the line between private corp and government starts
               | to blur, and I do think big tech is approaching that
               | line. For most of history, no corporation could even
               | approach the level of power over our lives as government,
               | but increasingly they are getting so powerful that we
               | can't even function in society without them. I think
               | we're approaching or past the point where regulation
               | and/or breaking them apart is necessary to reduce the
               | amount of power that they have over us.
        
               | kube-system wrote:
               | > To go back to the Lab Leak Theory example when Youtube
               | was taking down any videos that even mentioned it (even
               | if the mentioner was a well-respected Evolutionary
               | Biologist) wasn't illegal, but it was a total abandonment
               | of free speech principles.
               | 
               | Not really, this is a case where two cooperating parties,
               | who both have speech rights, have a dispute about which
               | speech they collectively want to espouse.
               | 
               | Unless you're saying that people should lose their speech
               | rights when they form a business?
        
               | freedomben wrote:
               | > _Unless you 're saying that people should lose their
               | speech rights when they form a business?_
               | 
               | I tried to make clear I wasn't making a legal argument,
               | but since you mentioned it I will address it, but first
               | I'll just say that no I'm not saying that people should
               | lose their free speech rights when they form a business.
               | I'm not sure how you got that from what I wrote, but no,
               | legally they don't and shouldn't (with maybe one
               | exception, mentioned next). What I have a problem with is
               | the lack of cultural appreciation for free speech.
               | Culturally, the powerful people at Youtube decided that
               | free speech was not important, at least not as important
               | as controlling the narrative and preventing the spread of
               | ideas they considered "dangerous" (or whatever
               | description they might provide). I think that's the
               | mainstream cultural attitude in the USA today, and I
               | think that's unfortunate. I wish that everyone would
               | believe as I do, that free speech as a cultural value is
               | important and should be honored and respected,
               | _especially_ when it 's speech you disagree with.
               | 
               | But to the legal argument: When that "business" gets to
               | be the size and scope of a company like Youtube, yes I do
               | think some regulations (i.e. restrictions) on what they
               | are allowed to impose on their users are reasonable. If
               | we had a dozen small providers then I don't think there's
               | any need for regulation there because the market
               | competition will provide a powerful check on potential
               | abuse, but Youtube is an entrenched behemoth with a giant
               | moat. At that scale, the amount of power they have over
               | the people is immense, and IMHO approaches that of the
               | government, and therefore there need to be some checks on
               | that power.
               | 
               | I do also think the "compelled speech" defense for
               | Youtube et al is a bit of a stretch. I agree that
               | compelled speech is not ok and is just as bad as
               | restricted speech. However, I do see a difference between
               | being a communication service and someone being compelled
               | to say certain speech. I would strongly oppose an attempt
               | to compel Youtube the company to say something, but I
               | don't think somebody having a channel that is clearly
               | attributed to themselves and _not_ to the parent company,
               | is the equivalent of forcing Youtube the company to say
               | something specific.
               | 
               | For example, imagine a world where the telephone system
               | operators got to decide which speech was permitted on
               | their phone lines. They had people listening in the
               | conversation and "moderating" by cutting off the live
               | feed if the topic veered into something they disagreed
               | with, and any voicemails/recordings made were also
               | deleted and scrubbed so the recipients wouldn't hear the
               | wrong think. In that scenario would you defend the rights
               | of the phone company not to host "compelled" speech that
               | they disagree with? Compelled speech would be forcing the
               | company themselves to say something. Them passing the
               | electricity on the wire (aka being a "dumb pipe") is not
               | the same thing.
               | 
               | I also think the argument falls apart when taken to it's
               | logical extent. Who decides what speech they are
               | "compelled" to host? If I make a Youtube video and say "I
               | support <presidential candidate not favored by the
               | company>" are they being compelled to say that? I don't
               | think so.
        
               | kube-system wrote:
               | > I tried to make clear I wasn't making a legal argument
               | 
               | I know which is why I used the word "should" to indicate
               | moral hypothetical and not existing law.
               | 
               | >I'm not sure how you got that from what I wrote
               | 
               | Because you said that a situation in which YouTube
               | exercised the right to moderate their own platform was a
               | "total abandonment of free speech principles".
               | 
               | But as you recognize, compelled speech is also a
               | violation of free speech principles, and that is, whether
               | either of us agree with it (I also don't entirely), it is
               | also factually a free speech principle that is in balance
               | here.
               | 
               | > For example, imagine a world where the telephone system
               | operators got to decide which speech was permitted on
               | their phone lines.
               | 
               | And we're back to the common carrier argument, which I
               | think is more relevant to this conversation than a vague
               | appeal to "free speech". Ultimately when the government
               | grants monopolies to businesses, they start to become an
               | effective arm of the government and should be regulated
               | more in line with the rules that apply to government. I
               | think we need to start classifying more of these
               | platforms as common carriers and require them to carry
               | all speech equally -- or break them up until the point
               | they don't hold effective monopolies and/or wrongfully
               | crush competitors.
        
               | freedomben wrote:
               | Indeed, sounds like we're largely in agreement then.
               | 
               | > _Because you said that a situation in which YouTube
               | exercised the right to moderate their own platform was a
               | "total abandonment of free speech principles"_
               | 
               | True I did say that, and I'll definitely walk that one
               | back a little bit. I didn't mean their moderation as a
               | whole was the abandonment, I mainly meant their
               | philosophical approach to it. (i.e. deciding that
               | anything that goes contrary to the CDC/WHO narrative may
               | not be discussed)
        
               | avar wrote:
               | > Whereas what the 1A actually          > states is the
               | exact opposite:         > That platform has the right to
               | > ban that user, and the         > government is
               | constitutionally         > restrained: If the government
               | > were to make a law that forces         > this social
               | network to unban         > this user, that'd be the 1A
               | > violation.
               | 
               | If I build a bridge and offer it for public use for a
               | toll, and I overhear you saying something I don't like as
               | you travel across in your car, you think the government
               | stepping in if I ban you from traversing the bridge
               | solely for that reason is a 1A violation?
               | 
               | This principle is obvious if I was running a newspaper
               | and printing user-submitted comments. I can have whatever
               | inclusion policy I deem fit, or my own speech would be
               | curtailed.
               | 
               | But this is now being applied by private companies in
               | cases wildly removed from that. Meta er whoever can ban
               | two users having a private conversation on their
               | platform.
               | 
               | It seems to me that the private bridge builder in the
               | example above has a stronger case than these companies in
               | such cases.
               | 
               | Perhaps I overhear that you dislike fast-food, and I only
               | sell billboard space to fast-food companies.
               | 
               | Or perhaps you think that would be just fine, and we just
               | need to close the technological gap of being able to
               | embed hypersensitive microphones into asphalt.
        
               | dataflow wrote:
               | > Then there are only 3 options
               | 
               | I can imagine at least one more:
               | 
               | 4. Americans believe companies too frequently do the
               | government's bidding, and by allowing corporations to
               | suppress speech, they're allowing the government to
               | exploit that and indirectly violate their direct 1A
               | rights.
        
           | chgs wrote:
           | Most people who go on about free speech are the ones who
           | clamp down the most on it and are massive snowflakes when
           | people decide not to buy their stuff because of their speech.
        
           | johnnyanmac wrote:
           | Sorry, Fox News changed its mind in January. Come back in 2
           | years and they'll be back to "pro free speech" (to mock
           | minorities).
        
         | mrtksn wrote:
         | >the most easily agreeable part of what the EU has been after
         | 
         | It's also probably the most dangerous for Apple. It creates a
         | cash incentive to push people outside of Apple's walled garden
         | and show them what's outside.
         | 
         | I really really hope Apple gets its act together, they are the
         | greatest "the user experience comes first" company and they
         | actually have great hard tech but they show signs of rent
         | seeking behavior which can destroy them.
         | 
         | If Apple just play nice with EU, open up and focus on bringing
         | the greatest experience possible they will keep winning. If
         | not, they will have blunders and they will lose Europe since
         | people are willing to look for alternatives as USA gets
         | increasingly unpopular among the Europeans due to politics.
         | 
         | The Apple's AI blunder is mostly a blunder only because they
         | insist to do it all by themselves so to have higher margins on
         | the services revenues. IMHO those blunders will be more
         | damaging as the Americans no longer have the higher moral
         | grounds than Koreans or Chinese.
         | 
         | I hope Apple is treading carefully.
        
           | Derbasti wrote:
           | > If not, they will have blunders and they will lose Europe
           | since people are willing to look for alternatives as USA gets
           | increasingly unpopular among the Europeans due to politics.
           | 
           | But what alternative? There is no European smartphone OS.
           | Windows and Steam OS and XBox are US-american, too.
           | 
           | I suppose Linux, Playstation, and Nintendo, then?
        
             | mrtksn wrote:
             | The alternatives are Samsung, Xiaomi, Oppo and others.
             | Already the dominant brands in Europe. It doesn't have to
             | be European, it has to be good and those are pretty good at
             | much cheaper prices. They also offer premium models that
             | Apple doesn't have a match.
             | 
             | People pay a lot extra for the feelings the brand invokes
             | in them. Tesla was like that when it was about the values
             | it used to represent, right after Musk dropped those values
             | they had to start pricing their vehicles based on the specs
             | to compete with similarly specced alternatives.
             | 
             | If Apple goes into fight with EU and becomes the "anti-
             | european tech giant" they will have to start selling 300
             | euro iPhones.
        
               | reissbaker wrote:
               | American brands should tread carefully: while _America_
               | is willing to ban their (cheaper, sometimes better)
               | competitors, Europe is much less willing to -- especially
               | now as America itself has taken a much more bullying tone
               | towards its allies.
        
             | xandrius wrote:
             | Wouldn't be sad about a Linux smartphone.
        
               | ireadmevs wrote:
               | My dream is to run NixOS in all my devices...
        
               | codethief wrote:
               | With all apps being sandboxed, though, please!
        
             | msh wrote:
             | There is android. Works pretty well in China without any
             | google services.
        
           | superzamp wrote:
           | I would imagine that getting the user out of the in-app
           | purchase payment screen and attempt to redirect them at the
           | website for payment, have them figure out how to enter credit
           | card details etc would result in a drastically decreased
           | conversion rate though.
        
             | madeofpalk wrote:
             | So it should! Then Apple's App Store and IAP could compete
             | on its own merits, rather than restricting competition from
             | existing at all.
        
               | mrangle wrote:
               | Apple does compete on its own merits. Its merits are that
               | it built and controls the operating system and hardware
               | that people choose to buy.
               | 
               | If other companies have an issue, then they can build
               | their own software, their own hardware, and compete.
        
               | withinboredom wrote:
               | Companies don't make laws (unless you live somewhere like
               | the US); people do. If the people say "stop fucking
               | around and rent-seeking" then companies should have to do
               | that. It's pretty simple, really. Just because you build
               | your own hardware and software doesn't give you the right
               | to do whatever you want.
        
               | chgs wrote:
               | Apple is free to leave the European market if it doesn't
               | like the rules.
        
             | mrtksn wrote:
             | Imagine a major streaming service: Subscription through
             | Apple 30USD/Month or 25USD/Month if you do it through this
             | one click fintech app.
             | 
             | The fintech app can even pay the streaming service for
             | every customer they bring.
             | 
             | So for the users who already have the fintech app its a no-
             | brainer, click once and get a free coffee each month. For
             | those who don't have the app already it can push them to
             | create an account as they see it on every app as a cheaper
             | alternative. In Europe at least, even traditional banks are
             | able to create a new customer account through a few steps
             | in the in the app. It's usually just about entering your
             | name, taking a photo of your ID and then scanning your face
             | by looking left and right on the camera. You can have a
             | grace period to add the funds for the subscription.
             | 
             | Banks already pay a lot of money for new customers, its
             | pretty common in some places to offer interest-free loans
             | or give cashbacks when you create a bank account through
             | the app. They can partner with those services to offer
             | months of free use or upgrades and then suddenly the value
             | for the trouble of a few click and a scan goes up
             | substantially.
        
           | miohtama wrote:
           | The money comes first (:
        
           | mrangle wrote:
           | Apple has its act together. Those, who are not Apple, do not
           | in comparison. They are Big Mad that Apple does.
           | 
           | You don't understand the term "rent seeking". Because in this
           | case, it's Apple's competitors that are rent seeking by
           | utilizing the force of the government to make Apple give
           | competitors access to its private but non-monopolistic
           | ecosystem.
           | 
           | I think that Apple should call that bluff and leave the EU.
           | 
           | Which in turn will increase public pressure on the EU, but
           | not as functionally as it would in a democratic system.
           | 
           | All hollow talk. It will lose all of its aggression the
           | moment that Apple leaves the EU, and EU citizens are left
           | with the remaining options.
        
             | mrtksn wrote:
             | Totally, the Spaniards are on the edge against EU for
             | forcing Apple to allow competing services on %25 of the
             | smartphones they use. Madrid is pouring police force into
             | Barcelona as we speak as the Catalans started burning cars
             | on the streets against the unelected bureaucrats
             | threatening them to give App Store alternatives to every
             | 4th smartphone. Unjustified violence by the police is being
             | reported against people who don't want to know about
             | cheaper payment options. The situation is considered stable
             | at this point but I don't think that EU will survive if
             | Apple pulls out of EU. The president of the EU commission
             | was caught mumbling at the mic "Ich hoffe, Apple ruft nicht
             | an oder blufft, sonst ist alles verloren." which roughly
             | translates to "I hope Apple doesn't call or bluff or all is
             | lost" in Bavarian.
        
               | vander_elst wrote:
               | Interested in learning more, do you have links to the
               | sources?
        
               | mrtksn wrote:
               | It's joke :) It was impossible to give it a serious
               | reply, so...
        
               | fennecbutt wrote:
               | They're being facetious.
               | 
               | But here's a source for future readers:
               | https://justpaste.it/jog4v
        
             | vander_elst wrote:
             | That might be a very risky bet. Currently a lot of people
             | are looking for alternatives of US products, if Apple gets
             | out of the EU, it might not be that easy to get back as the
             | market might have drastically shifted.
        
             | npc_anon wrote:
             | People like you keep forgetting that the EU is the single
             | largest consumer market in the world. This does not mean
             | that Apple gets most of it revenue from the EU, but it's
             | still a sweet $90B in 2024.
             | 
             | In which world does a company give up on close to $100B in
             | revenue out of spite?
        
               | chgs wrote:
               | In a hypothetical world where it threatens $1T of
               | revenue.
        
           | dehrmann wrote:
           | I know it would leave a lot of money on the table, but if
           | Apple had set the app store fee at 5% (enough to cover credit
           | card fees and running the service) and been content with a
           | 50% margin on hardware, it never would have been in this
           | mess.
        
             | akaij wrote:
             | Even 15% would probably have been universally accepted.
        
           | sabellito wrote:
           | "Show signs of rent seeking behaviour" seems like an
           | extremely generous position. Forbidding your customers from
           | even mentioning The Outside is full-on rent seeking
           | behaviour, since its inception.
        
         | jader201 wrote:
         | > _It 's telling that Gruber is pretty staunchly against EU/DMA
         | interferance in Apple, and broadly thinks they're wrong. But
         | this is the one thing he agree on_
         | 
         | I've stopped seeing Gruber as any sort of authority on Apple
         | for a while now. He's just a single guy with an opinion like
         | everyone else, and it's, more times than not, clearly biased in
         | favor of Apple.
         | 
         | Some of his analysis of objective data is informative, but when
         | he gets into subjective material, I tune out. I don't really
         | care any more about what he says than most others sharing their
         | opinion on the internet -- it's just one more data point to
         | consider collectively alongside everyone else's.
        
           | johnmaguire wrote:
           | I agree with your overall comment, but I think this is
           | basically what OP was getting at: it's not surprising that
           | Gruber is against EU/DMA interference, yet even he has issues
           | with this particular point.
        
           | tonyedgecombe wrote:
           | I liked his piece on the Apple AI debacle, I figure if he is
           | criticising Apple for that then there is something to the
           | complaints.
           | 
           | What I really dislike and the reason I don't subscribe to his
           | feed is the politics.
        
       | mentalgear wrote:
       | A good start, but far from enough regarding the societal damage
       | (anti-competitive, anti-user, psychological harm especially of
       | minors, proliferation of radicalisation) they did.
        
         | 1oooqooq wrote:
         | *insert Mike Myers One Million Dollars meme
         | 
         | they made more than the fine, so it's just reduced profit a
         | little. mere higher cost of business and continue as usual.
        
           | riffraff wrote:
           | The DMA fines are not supposed to be punitive damages,
           | they're a tool to correct behavior, like the GDPR.
           | 
           | If Apple & co don't comply there are higher amounts that can
           | be imposed, but the idea is that the companies will comply
           | before that.
        
           | mdhb wrote:
           | The EU made a serious point that these are the first time
           | they are issuing those fines as as such have capped them as a
           | signal to show that they are serious but also that they
           | aren't taking the maximalist approach some in the US are
           | accusing them of.
           | 
           | They can legally go for 10% of global revenue if I'm not
           | mistaken as the top level of fines and both Apple and Meta
           | would be wise to not find themselves as repeat offenders as a
           | result.
        
       | llm_nerd wrote:
       | > The EU fines could stoke tensions with U.S President Donald
       | Trump who has threatened to levy tariffs against countries that
       | penalise U.S. companies.
       | 
       | Mark Zuckerberg, in his appearance on Joe Rogan's podcast,
       | specifically noted this as his goal for falling in behind Trump.
       | That Trump would be the big-stick man that would protect Meta and
       | other cos from foreign interference. Where "interference" is
       | anything restricting that American exceptionalism "do anything we
       | want, however we want".
       | 
       | Only then Trump started a trade war with quite literally the
       | entire world -- aside from, predictably, Russia -- and now he
       | holds, as he likes to say, no cards. The EU and anyone else can
       | do whatever they want and Zuck and co can cry about the millions
       | they wasted trying to buy a protection racket.
       | 
       | Of course Meta could just withdrawn from the EU. I _wish_ they
       | would withdraw from Canada. Their garbage misinformation platform
       | is a massive net negative for humanity and has offered nothing
       | but harm for the planet.
        
         | xvector wrote:
         | Most Canadian small businesses rely on Meta to get customers.
         | 
         | If you think these companies don't add value, you are totally
         | oblivious to the millions of small businesses that _rely_ on
         | these platforms to reach customers and niche audiences around
         | the world.
        
           | pjc50 wrote:
           | They need _a_ platform, but it doesn 't have to be Meta.
        
           | tonyedgecombe wrote:
           | Yeah, because small businesses didn't exist before Facebook
           | arrived.
        
         | lores wrote:
         | Someone here hazarded the hypothesis that Trump's tariffs are a
         | stick aimed not towards other countries, but towards American
         | corporations, who have to pledge fealty (and resources) to
         | Trump in exchange for relief. I think it makes a lot of sense,
         | if any of this is rational, which I'm not entirely sold on.
        
           | blitzar wrote:
           | You gotta kick back to the big guy.
        
           | piltdownman wrote:
           | Look at 47's truth social some time. In between the posts
           | 'destroying' liberals and lionising the worst actors in his
           | party, he posts up a disturbing amount of 'settlements' with
           | Law Firms that previously displeased him.
           | 
           | They were basically forced at gunpoint to make deals to
           | provide pro bono services to the Trump administration, in
           | return for regulators dropping investigations into their
           | diversity practices.
           | 
           | The firms - including Kirkland & Ellis, Latham & Watkins,
           | Allen Overy Shearman Sterling, Simpson Thacher & Bartlett,
           | and Cadwalader, Wickersham & Taft - are among the most
           | prestigious and recognized firms in the US.
           | 
           | Cadwalader is the former firm of Todd Blanche, who resigned
           | his partnership there to represent Trump in criminal cases
           | when the firm would not take on Trump as a client. Blanche is
           | now the deputy attorney general - the number two official at
           | the Department of Justice.
           | 
           | Overall the MAGA cabinet has now secured more than $900m in
           | pro bono pledges from law firms threatened with either
           | executive orders or investigations from the equal opportunity
           | commission. How this isn't seen as a straight up RICO case or
           | old-fashioned criminal shakedown is beyond me.
        
           | paxys wrote:
           | It's always funny when shit happens and everyone jumps over
           | themselves to figure out what "5D chess" the people in charge
           | are playing. There's never any chess. They are just
           | incompetent.
        
             | lores wrote:
             | That's not 5D chess at all. Very straightforward, in fact,
             | and backed up by the documented strong-arming of law firms.
        
         | rsynnott wrote:
         | > Of course Meta could just withdrawn from the EU.
         | 
         | I mean, probably not without being sued by their shareholders.
         | As a public company, you cannot simply abandon 40bn
         | revenue/year because you feel aggrieved.
         | 
         | But yeah, the "you'd better be nice to us, EC, or Trump might
         | be angry" tactic is kinda shot at this point.
        
           | barbazoo wrote:
           | > I mean, probably not without being sued by their
           | shareholders. As a public company, you cannot simply abandon
           | 40bn revenue/year because you feel aggrieved.
           | 
           | What are the laws that Meta would be violating?
        
             | tonyedgecombe wrote:
             | >As a public company, you cannot simply abandon 40bn
             | revenue/year because you feel aggrieved.
             | 
             | The fines need to get bigger then.
        
       | popol12 wrote:
       | I hope this will make Apple finally comply with EU law and allow
       | app side loading on iOS. Real side loading, not the joke they
       | implemented since iOS 17.
        
         | SanjayMehta wrote:
         | I would not hold my breath. They are adept at malicious
         | compliance. Cook will do a cost/benefit assessment and will
         | come up with another workaround.
        
           | londons_explore wrote:
           | The EU should instead set targets.
           | 
           | Ie. "More than half of users have installed at least one app
           | from a non-apple affiliated store by Jan 2026 or you shall
           | pay a fine of $10 per month per iPhone in use in the EU".
        
             | dlachausse wrote:
             | That's a terrible idea. How would they have any control
             | over that. I think you are way overestimating the amount of
             | iOS users that want to use software from outside the App
             | Store.
        
               | rokkamokka wrote:
               | Agreed, the only realistic way they could hit such a
               | target is to shut down their own app store...
        
               | londons_explore wrote:
               | If 3rd party stores didn't charge the Apple tax, I think
               | you'd find plenty of apps moving to other stores, and
               | within a matter of weeks more than half of users would
               | have used a 3rd party store.
        
               | dlachausse wrote:
               | That's my worst nightmare. On my iPhone I want the
               | equivalent of Spotify, not Netflix, Hulu, Disney+, Max,
               | etc.
        
               | socalgal2 wrote:
               | I want the equivalent of a shops in the real world. One
               | shop doesn't carry everything. Even Spotify doesn't carry
               | everything. For one, Apple doesn't allow adult content
               | apps. Steam does. I'm sure there's a market for adult
               | games on iPhone as Steam's success there would seem to
               | suggest. I don't think Apple should be required to sell
               | adult games but I also don't think they should get to
               | dictate that people can't use their phones for adult
               | games. So, more stores would great.
        
               | dlachausse wrote:
               | Why can't people just buy Android phones that allow for
               | this? They should change, not Apple and their users that
               | like the walled garden.
        
               | sheepdestroyer wrote:
               | It's a bit of a false comparison, since you wouldn't have
               | to pay monthly subscriptions to others stores as you have
               | to for streaming services.
        
               | dlachausse wrote:
               | Yeah but I would have to deal with multiple app stores of
               | varying security, quality control, resource usage, and
               | other annoyances. No thanks.
        
               | socalgal2 wrote:
               | That really depends on the store. If Value made a Steam
               | store, or Nintendo made a Nintendo store with Nintendo
               | exclusives I'd expect millions of installs.
        
               | neilc wrote:
               | Maybe but that is also not within Apple's control.
        
           | StopDisinfo910 wrote:
           | > They are adept at malicious compliance.
           | 
           | They just got fined 500 millions for failure to comply so I'm
           | not sure adept is the adjective I would use.
        
             | weavie wrote:
             | 500 million is like half a days revenue.
        
               | mdhb wrote:
               | The actual fines for this moving forward are up to 10% of
               | a companies global revenue. The EU made a big point to
               | say that this is the first time they are issuing those
               | fines and as a result they are smaller than they
               | otherwise would be especially in the case of repeat
               | offenders.
        
             | serial_dev wrote:
             | Whether it's adept or not depends on what would have
             | happened if they actually complied.
             | 
             | Sure, a half a billion fine sounds like a lot, but if you
             | don't have another number to compare against, you can't
             | tell if it was clever or not.
        
             | _Algernon_ wrote:
             | How much additional profit have they made based on their
             | malicious compliance? I bet it dwarfs this fine.
        
               | myrmidon wrote:
               | That is not so clear. Appstore revenue is ~ $100
               | billion/y, but Apple makes less than 30% from that.
               | 
               | So the question is: Would more convincing compliance have
               | cost Apple more than single digit percentage decreases in
               | Appstore sales? Comparing the F-Droid vs Playstore
               | situation, this seems unlikely to me.
        
               | seanmcdirmid wrote:
               | Apple's take is 30%, but they have expenses that have to
               | be covered by that. The profit if any would be much less
               | than $30bn.
        
               | Jensson wrote:
               | > The profit if any would be much less than $30bn.
               | 
               | It doesn't cost that much to maintain and run the
               | appstore, it is almost all profits.
        
               | seanmcdirmid wrote:
               | I've never heard anyone make this kind of claim before,
               | you are trying to tell me that credit card processing
               | fees are negligible, software engineers work for free,
               | advertising doesn't require overhead, etc...
               | 
               | I guess that kind of thinking is why alot of startups
               | just fail so easily.
        
               | pornel wrote:
               | If Apple is so bad at this that they have to charge 30%,
               | they should have failed in the free market to a
               | competitor that can do the same or better for 3%.
               | However, Apple has prevented that, not by being better or
               | cheaper, but by implementing DRM that locks users out
               | from having a choice (and the market as a whole ended up
               | being a duopoly with cartel-like pricing).
               | 
               | Whether Apple can be cheaper isn't really the point (they
               | should be, digital services are a very high margin
               | business). It's that they're anti-competitive to the
               | point that the market for paid apps and in-app payments
               | became inefficient (in a financial sense).
        
             | oofManBang wrote:
             | Perhaps "compliance" is the wrong term, but surely such a
             | tiny fine will do little to convince them to comply.
        
               | gebruikersnaam wrote:
               | They have a couple of months (2? 6?) to comply, otherwise
               | they get additional fines.
        
         | judge2020 wrote:
         | Isn't it just in the name of competition, i.e. alternative app
         | stores? Or is sideloading an explicit goal of the EU's efforts?
        
         | dmitrygr wrote:
         | Generally, as a society, we hold that a contract cannot be
         | modified without both parties' agreement. When you bought that
         | phone, it was with the completely clear, overt, and in no way
         | uncertain understanding that it does specifically X Y Z, and
         | does not do A B C. Now, without additional payment to the
         | counterparty, you're demanding your phone do A B C. What am I
         | missing? According to accepted understandings of contracts, how
         | are you possibly in the right? How are you possibly in a
         | position to demand government use force to modify a contract
         | you accepted before to somehow benefit you more at a cost to
         | your counterparty?
        
           | bootsmann wrote:
           | Parts of the contract can be illegal, this is completely
           | within the power of the EU to enforce a crackdown on illegal
           | contracts.
        
           | Sloowms wrote:
           | I'm not sure what society you are referring to but contracts
           | have to adhere to laws in the EU.
           | 
           | This is also about software that is being updated. So the
           | transaction is not completed yet. Apple could probably go the
           | route of not providing the update to phones that were sold
           | before the law was voted on/in place. I would guess that
           | would lead to other legal battles.
        
             | dmitrygr wrote:
             | And is it reasonable that the laws are created after the
             | contract was already agreed to and still apply to it? At
             | least here in the United States, laws are not allowed to
             | make things illegal that happened before the laws were
             | written.
        
           | vanviegen wrote:
           | You are of the opinion that it is reasonable for a company to
           | expect you to read, understand and fully agree with a
           | contract that consists of countless pages of opaque legalese
           | and that you have no say in whatsoever, just in order to use
           | a service that's arguably a necessity to participate in
           | public life?
           | 
           | The EU does not seem to share that opinion, and puts some
           | restrictions on these types of 'contracts'. Are you really
           | concerned that this is somehow unfair towards these
           | companies? Companies that retain whole teams of lawyers to
           | create a contract that hardly any of its billion counter
           | parties (individual consumers) can fully comprehend, let
           | alone push back on?
        
             | dmitrygr wrote:
             | What service? You are free to use cellular service without
             | your iPhone. There are other phones available. Apple is not
             | gating your access to cellular
        
           | Ukv wrote:
           | There's a range of anti-competitive behavior which can
           | subvert that ideal, and as such there's regulation aimed to
           | prevent it. Apple used to forbid apps from telling users
           | about Apple's 30% cut or cheaper places to buy the app, for
           | instance, hindering users from making an informed choice.
           | 
           | Many of the policies in question are intentionally not
           | publicized to end-users, often requiring first paying to be
           | part of the developer program before you can even see what
           | you need to agree to to publish an app.
        
             | dmitrygr wrote:
             | > intentionally not publicized to end-users
             | 
             | Apple allows no-questions-asked full-refund returns for two
             | weeks.                  > requiring first paying to be part
             | of the developer program
             | 
             | They are all available right here, online, without any
             | purchase requirement:
             | https://developer.apple.com/support/terms/
        
               | Ukv wrote:
               | > Apple allows no-questions-asked full-refund returns for
               | two weeks.
               | 
               | That's the bare legal minimum in the EU. Many anti-
               | competitive practices are not things consumers find out
               | about within some short fixed period of time, if at all.
               | 
               | > They are all available right here, online, without any
               | purchase requirement:
               | https://developer.apple.com/support/terms/
               | 
               | True that it does now all (including schedules 2/3 and
               | the guidelines) appear to be publicly available. Looks as
               | if this was done on June 7th 2021, shortly after the EU
               | Commission had sent the Statement of Objections on April
               | 30th 2021.
        
       | p_ing wrote:
       | Is this a fine the companies can appeal, or is this a final
       | decision?
        
         | lekevicius wrote:
         | They can appeal.
        
           | zoobab wrote:
           | They will appeal to Court so that they win another 2 years.
        
       | rini17 wrote:
       | They called it on themselves. Were so greedy with access to
       | unlimited capital, bought everything out or undercut with free.
       | And now there are no EU competitors left to lobby for more
       | favorable regulations.
        
       | iagooar wrote:
       | The EU is using populist claims to introduce laws with
       | ideological bias (big corp bad, America bad, America corp super
       | bad). Everyone knows the digital act was never meant to be a fair
       | set of rules, it was introduced to punish US companies at will.
       | 
       | At the same time, most governments, public offices, agencies and
       | businesses in Europe would not be able to operate normally
       | without access to American software.
       | 
       | The problem is that it is way easier to (over)regulate and tax,
       | than to create a strong environment for business and innovation
       | to thrive, in order to grow your own tech giants.
        
         | rini17 wrote:
         | The real problem was that Silicon Valley was flooded with
         | capital and bought out all competitors. Or undercut with free.
         | Or all kinds of other Microsoftlike practices. So nobody was
         | left in the EU to advocate for better rules.
        
           | carlosjobim wrote:
           | If that is true, how come new competitors spring up all the
           | time in Silicon Valley and other places in the US while the
           | European sector lies dormant?
        
             | codingbot3000 wrote:
             | That's just a US propaganda myth people can't stop
             | parroting. The SV ecosystem is definitely better funded,
             | but there is no lack of digital start-ups in the EU.
        
             | rini17 wrote:
             | Consider what happened to Nokia. The first business blunder
             | caused it to be sold to US and gutted. Now if someone else
             | wants to make smartphones in EU, has to start from scratch.
             | But if that happens to US company, everything(at least the
             | IP) stays in the US.
        
               | carlosjobim wrote:
               | Nokia is a strange story. I remember when it happened,
               | and absolutely everybody knew it would kill the company
               | to sell it to Microsoft. So of course the leaders and
               | owners of Nokia knew the same thing. My guess is that
               | they decided that they couldn't compete with the iPhone
               | and decided to cash out what they could. Maybe Microsoft
               | could help them with shuttling money to offshore accounts
               | or some other under the table services? Nokia was
               | publicly traded, so it could have been a great robbing of
               | small time investors. But did Microsoft really get
               | anything out of the deal that was worth the price?
               | 
               | I had the Nokia N9 at the time, which was years ahead of
               | its time and one of the most well designed smartphones so
               | far, both in hardware and especially in software. Modern
               | iOS and Android still look dated in comparison.
        
         | skummetmaelk wrote:
         | That's a lot of emotional words without a single bit of context
         | from the actual article. Your comment is better suited to FOX
         | news' website.
        
           | iagooar wrote:
           | I don't see how your comment is adding value to the
           | discussion besides claiming emotionality and an absurd
           | reference to FOX news, which implies that my opinions are not
           | welcome here and I should go elsewhere with them.
           | 
           | My post is my opinion, offering an entry point for a
           | discussion to those who might have a different opinion from
           | mine.
        
             | kubb wrote:
             | The opinion is so detached from reality that it's not going
             | to result in a useful discussion.
             | 
             | There's nothing about America in the consumer protection
             | laws. It doesn't matter if the service provider is a
             | corporation or a non profit.
             | 
             | You can have any opinion you want but if you don't ensure
             | the quality of it, people will call it out for what it is.
             | 
             | In some circles you can defend lack of intellectual rigor
             | with ,,any opinion is valid" and ,,you just don't like my
             | politics", but that's useful for electoral politics, not
             | for intellectual inquiry.
        
               | iagooar wrote:
               | > The opinion is so detached from reality that it's not
               | going to result in a useful discussion.
               | 
               | Maybe you should try.
               | 
               | > There's nothing about America in the consumer
               | protection laws. It doesn't matter if the service
               | provider is a corporation or a non profit.
               | 
               | Thierry Breton and his "the sheriff is in town". Jean-
               | Noel Barrot: "Apply with the Greatest Firmness"
               | 
               | Axel Voss, German MEP, called for the EU to use the DSA
               | against (what he calls) fake news and platform owners
               | like Elon Musk interfering in elections. This explicitly
               | links the DSA to regulating US tech companies
               | (particularly X).
               | 
               | Pedro Sanchez (Spanish Prime Minister) proposed using the
               | DSA to regulate social media, fight bots, fake profiles,
               | and go after tech barons undermining democracy - US
               | platforms, of course.
               | 
               | You may agree or disagree with my views being right or
               | wrong, but it is clear that the leitmotif seems to be EU
               | politics vs US big tech here.
        
               | tzs wrote:
               | By that ridiculous argument the federal case against Al
               | Capone showed that the US tax code was ideologically
               | biased against Italian Americans.
        
               | kubb wrote:
               | When it comes to election interference it's more like EU
               | vs Russia. Who owns the platforms is secondary, it's not
               | like TikTok should be allowed to do election interference
               | because it isn't American.
               | 
               | You'll learn in the course of your future experience that
               | not every discussion will introduce a new perspective
               | into your life. And you usually can tell very early when
               | that's the case.
        
               | _Algernon_ wrote:
               | >Maybe you should try.
               | 
               | If somebody claims the moon is made of cheese without
               | joking, I'm not going to argue with them. I'm going to
               | laugh them out of the room assuming.
               | 
               | Your opinion is like claiming the moon is made of cheese.
        
         | dabeeeenster wrote:
         | "Over regulate and tax"? What? Have you done any reading on how
         | almost all US tech companies go to extreme lengths to avoid
         | paying tax?
        
           | iagooar wrote:
           | Most companies in the world do exactly that. Prove me wrong.
        
             | dabeeeenster wrote:
             | Thanks for proving my point that they need more taxation.
        
               | iagooar wrote:
               | Are you saying that if a business (or individual) wants
               | to pay the lowest tax possible (legally, that is) it
               | should be a reason for more taxation? Is that what
               | taxation is about, revenge?
        
               | tossandthrow wrote:
               | Of cause that is a reason for more taxation.
               | 
               | There are 2 types of taxes: Those we charge for revenue
               | and those we charge for behavior.
               | 
               | We don't charge income tax to deter people from working.
               | We charge income tax because we really need money to fund
               | stuff.
               | 
               | If you can not raise enough money, because companies /
               | individuals are optimizing their tax, then you change it
               | such that the budget holds.
               | 
               | ... Oh well, I reckon if you are in the US you just keep
               | borrowing. In that case, sorry about my reasoning.
        
         | wasmitnetzen wrote:
         | The very idea of this regulation is that Tech Giants are not
         | desirable, since they're mono- or oligopolies.
         | 
         | Any average EU politician would be far left in the US.
        
         | codingbot3000 wrote:
         | Can't deny that some EU politicians (mostly conservative ones,
         | surprise, surprise) have a hidden agenda behind it.
         | 
         | The statement that gov & businesses in Europe would not be able
         | to operate normally without American software is easy to
         | disprove. Just look at how easy the Chinese or the Russians
         | could shed or avoid their dependency on crappy Microsoft or
         | expensive US cloud providers. The problem is just that many
         | European politicians are so technically inept they believe it
         | themselves.
        
       | phtrivier wrote:
       | > Apple faces a EUR500 million fine for breaching the
       | regulation's rules for app stores, while Meta drew a penalty of
       | EUR200 million for its "pay or consent" advertising model,
       | 
       | > The procedural fines fall short of the two giant penalties
       | issued by the EU executive under its antitrust laws last year:
       | EUR1.8 billion to Apple for abusing its dominant position while
       | distributing music streaming apps, and EUR797 million to Meta for
       | pushing its classified ads service on social media users.
       | 
       | Really honest questions: are those fines actually paid, in
       | practice ? Is there a way for a citizen to know ? (As in, do they
       | appear in the public budget of the UE ?) Or are they somehow
       | deducted from subsidies, added to taxes, etc... ?
       | 
       | I know who collects taxes in France ("Le Tresor Public"). I don't
       | know of a EU version of a treasury. Is it collected by one of the
       | member states (Ireland, I would guess ?)
        
         | i_have_an_idea wrote:
         | > somehow deducted from subsidies
         | 
         | Do you think the EU subsidizes Meta/Apple.
        
           | phtrivier wrote:
           | Not necessarily Meta, but it's very much possible that a
           | large company is the recipient of both EU subsidies and EU
           | fines :)
        
         | nuthje wrote:
         | > Fines imposed on undertakings found in breach of EU antitrust
         | rules are paid into the general EU budget. This money is not
         | earmarked for particular expenses, but Member States'
         | contributions to the EU budget for the following year are
         | reduced accordingly. The fines therefore help to finance the EU
         | and reduce the burden for taxpayers.
         | 
         | This quote is re: anti-trust, but likely generalizes.
         | 
         | https://competition-policy.ec.europa.eu/index/fines_en#:~:te...
        
         | judge2020 wrote:
         | > "pay or consent" advertising model,
         | 
         | Wait, so the EU has made it illegal to sell a paid service
         | while also offering an alternative where the user pays via
         | seeing ads?
        
           | tantalor wrote:
           | It's not the ads you are consenting to, its the personal data
           | collection and targeting.
           | 
           | You could have non-personalized, or contextual ads. But those
           | are much less effective.
        
             | cge wrote:
             | >You could have non-personalized, or contextual ads. But
             | those are much less effective.
             | 
             | This is always a bit frustrating to me, in that, if someone
             | doesn't like personal data collection, they likely have
             | enough blocked that the attempts at targeted advertisements
             | are likely to be very ineffective. And even in spaces where
             | there is little personal data available, online advertising
             | still seems to desperately cling to targeting rather than
             | context.
             | 
             | I remember being struck by the contrast between the printed
             | Times Literary Supplement, with advertisements for new book
             | releases, conferences, cultural events, and so on, which
             | all seem quite relevant to the audience, are often
             | enjoyable and informative, and have directly motivated me
             | to buy things, and the automated advertisements that were
             | added to their podcast, for things like... a football-
             | themed advertisement for a car dealership vaguely located
             | near some rough geolocation of my IP address.
        
           | tremon wrote:
           | No, the EU has made it illegal to extort payment before
           | allowing people to opt-out of data collection or profiling.
        
             | g-b-r wrote:
             | Except for newspapers
        
               | kzrdude wrote:
               | right, that seems to be the model for German newspapers
               | online, haven't seen it other places.
        
               | g-b-r wrote:
               | It seems to have become common at least in several
               | European countries
        
             | tantalor wrote:
             | Extortion is a stretch. Nobody is being forced to use these
             | services.
        
               | buzzy_hacker wrote:
               | Tell that to the embedded Facebook trackers ubiquitous
               | throughout the web
        
               | arkh wrote:
               | > embedded Facebook trackers
               | 
               | And most social trackers and google analytics, and
               | adsense, and most captcha alternatives or stripe anti
               | fraud scripts.
               | 
               | People have sold their audience to FAANG for 2 decades
               | now.
               | 
               | And let's not think too much about the Android and iOS
               | ecosystems (phone, TV, "assistants" etc.).
        
               | lucb1e wrote:
               | Try not using Wechat in China. Facebook's Whatsapp is
               | going in that direction in the Netherlands and probably
               | other European countries: I don't yet _need_ it for daily
               | life, but a lot of services are moving to supporting
               | WhatsApp and turning off things like regular phone
               | support, website chat, etc. The only things where it was
               | a requirement so far, were things I didn 't yet care
               | about (like sending in voice messages to be used in a
               | podcast) but I bet it won't stay that way forever and
               | sooner or later a company will discontinue email support
               | in favor of "just message us on Whatsapp". Between going
               | back to the 80s and writing/printing letters and sending
               | them in the mail, and installing WhatsApp, any reasonable
               | person will begrudgingly click that agree button no
               | matter if they really agree. I'd say they were extorted
               | at that point and it is not voluntarily/freely given
               | consent, even if they technically have made that choice
               | themselves
        
           | jdlshore wrote:
           | Under the GDPR, it's illegal to treat PII like currency. You
           | can't gate a service behind PII consent.
        
             | jobs_throwaway wrote:
             | Whack. Let consumers and sellers decide what to do with
             | their own data
        
           | SllX wrote:
           | No. They just made it illegal for Meta specifically to do it,
           | and they're reserving judgment for anyone else on their hit
           | list covered by the DMA. The DMA is not neutral laws on
           | neutral principles despite the PR and the extra layers of
           | indirection, it targets American and Chinese companies
           | specifically because that's what it was designed to do.
        
             | phtrivier wrote:
             | Not Meta specifically, although Meta as a monopoly on being
             | apple to infrige this rule. (A long time ago, in a
             | capitalism far, far way, America was against monopolies and
             | cartels. Those days will come back.)
             | 
             | > The DMA is not neutral laws on neutral principles
             | 
             | What do you mean "neutral law on neutral principles" ? Does
             | that exist ?
             | 
             | I can agree on some version of "not a neutral law" in that
             | it is "objectively" targeted: the law makes a difference
             | between smaller actors and bigger ones ("gatekeepers") (and
             | it's not clear to me if the criterias (size, audience,
             | revenues, etc...) are set in store, or arbitrary [1]).
             | 
             | It happens that they're all from the US except TikTok's
             | ByteDance and Booking.com. It was probably _designed_ for
             | that.
             | 
             | But I suspect the case here "Meta is offering you to pay,
             | so that they don't have to respect your rights to privacy".
             | I suspect it would be illegal for even the smaller data
             | collectors. But IANAL.
             | 
             | However, the "neutral principles" don't make sense. All
             | laws are principled, except the laws of physics.
             | 
             | In this case, yes, the "principle" is that personal data is
             | something to be treated with care. As often, you can state
             | that something is a "principle" when someone can have the
             | opposite version. So the "opposite" version of this is that
             | personal data is a commodity that can be sold at will.
             | 
             | None of those version is neutrally "true" or "false".
             | 
             | However, we just happen, in the EU, to have pretty strong
             | memory of people doing bad things with extensive databases,
             | so we have different views on the matter.
             | 
             | The shame is that it never was directly settled in a
             | democratic debate - it's entirely the work of the
             | legislative bodies of the EU, which, though elected and
             | representative, are not exactly well know of famous. Maybe
             | the debate is too technical to be popular.
             | 
             | [1] https://ec.europa.eu/commission/presscorner/detail/en/q
             | anda_...
             | 
             | [2] https://digital-markets-
             | act.ec.europa.eu/gatekeepers_en#book...
        
               | SllX wrote:
               | > Not Meta specifically, although Meta as a monopoly on
               | being apple to infrige this rule. (A long time ago, in a
               | capitalism far, far way, America was against monopolies
               | and cartels. Those days will come back.)
               | 
               | I've been asking for years here and nobody has made a
               | solid argument to me how Facebook has a monopoly in
               | _anything_ or how a social networking monopoly even
               | _could_ exist. It's a competitive market out there. Some
               | of their competitors are on the DMA's hit list too.
               | 
               | > What do you mean "neutral law on neutral principles" ?
               | Does that exist ?
               | 
               | Sure it does. A law against murder is a law applied to
               | everyone. That's a neutral law, and it's not targeted,
               | and it's a fairly neutral principle to state that "murder
               | is intolerable in our society".
               | 
               | > However, we just happen, in the EU, to have pretty
               | strong memory of people doing bad things with extensive
               | databases, so we have different views on the matter.
               | 
               | The bad people doing bad things with extensive databases
               | were European governments.
        
               | phtrivier wrote:
               | > I've been asking for years here and nobody has made a
               | solid argument to me how Facebook has a monopoly in
               | anything or how a social networking monopoly even could
               | exist. It's a competitive market out there. Some of their
               | competitors are on the DMA's hit list too.
               | 
               | This seems pretty convincing to me, given that Meta owns
               | Facebook, Instagram and Whatsapp: [1]
               | 
               | > Facebook leads the pack with 3.04 billion users,
               | maintaining its position as the most extensive social
               | networking site globally. > YouTube follows with 2.5
               | billion users, reinforcing its status as the premier
               | platform for video sharing and consumption. > WhatsApp
               | and Instagram are tied in the third position, each with 2
               | billion users. WhatsApp is renowned for its messaging
               | services, while Instagram is a favorite for photo and
               | video sharing. > TikTok, with 1.5 billion users, rounds
               | out the top five, showcasing its rapid rise as a leading
               | platform for short-form video content.
               | 
               | In terms of social media, the only "competitor" at the
               | same scale as facebook is tiktok and snap.
               | 
               | We might leave in the bubble that uses twitter, bluesky,
               | reddit, etc... but their small relative to the blue site,
               | for better or for worse.
               | 
               | Break up Meta into differents, apps, and suddenly the
               | monopoly becomes much less obvious.
               | 
               | > and it's a fairly neutral principle to state that
               | "murder is intolerable in our society".
               | 
               | Do you mean it's "neutral" because there is no
               | "arbitrage" in deciding if someone is a murderer ?
               | 
               | Or that the principle behind it is universal ?
               | 
               | In this case, is it still "neutral" once your start
               | talking about, say, self defense ? death penalty ?
               | assisted suicide ? war times ? (or, if you're going to
               | stretch it a lot, abortion ?) I'm not bringing it to say
               | there is an equivalence, I'm saying you _will_ have
               | people making the equivalence, and different people will
               | disagree. It's called principles - no law say they have
               | to be universal, and they're usually not.
               | 
               | [1] https://prioridata.com/data/social-media-
               | usage/#Social_Media...
        
               | Aloisius wrote:
               | _> It happens that they 're all from the US except
               | TikTok's ByteDance and Booking.com. It was probably
               | _designed_ for that._
               | 
               | Booking.com is owned by an American company.
               | 
               |  _> In the EU, to have pretty strong memory of people
               | doing bad things with extensive databases_
               | 
               | Lack of databases didn't stop "people" from doing bad
               | things. They _built_ the databases, rather quickly, while
               | they were doing bad things.
               | 
               | I find it bizarre that the response to trying to prevent
               | the rise of another fascist European government was to
               | avoid collecting data as if a populist fourth Reich
               | wouldn't ignore the law and use neighbors to rat out
               | neighbors again. Not that I believe for a second any
               | European country doesn't keep far more extensive records
               | on citizens than the Nazis did when they came to power.
        
       | mapcars wrote:
       | > while Meta drew a penalty of EUR200 million for its "pay or
       | consent" advertising model, which requires that European Union
       | users pay to access ad-free versions of Facebook and Instagram
       | 
       | Wait, isn't pretty much all web content is like this nowadays?
       | You have to buy youtube premium to avoid ads, how is it
       | different?
        
         | tpm wrote:
         | > You have to buy youtube premium to avoid ads
         | 
         | Or you can block the ads in the browser for free. In this case,
         | you have to consent being tracked (or pay) or otherwise the
         | page will not display.
        
         | sussmannbaka wrote:
         | It's not about being shown ads, it's about collecting (and
         | sharing to third parties) private information that goes beyond
         | the technically required amount to use the service. GDPR says
         | companies need to get my consent in order to do that, that I am
         | free to not give this consent and that a service can't not be
         | provided to me just because I don't give this consent. Facebook
         | and a bunch of other companies said "aha! We'll just create a
         | paid alternative!" but this doesn't comply with the law. It
         | just took a while to take this through the courts but if you
         | read the law it's clear they just stalled for time on this one.
        
           | mapcars wrote:
           | Thanks for clarifying, it was confusing to figure that out
           | from the article
        
         | blitzar wrote:
         | Pay or have your information harvested and sold. Its extortion.
        
           | jdminhbg wrote:
           | You're missing a third option there, which makes it not
           | extortion.
        
             | blitzar wrote:
             | If the third way is "don't use the product" facebook have
             | that covered too... they will harvest and sell your
             | personal information.
        
             | StewardMcOy wrote:
             | I may be misreading it, but I believe the third option the
             | EU is expects from Meta is non-targeted advertising.
        
           | jobs_throwaway wrote:
           | You must be either broke and/or paranoid. If it matters to
           | you, pay up. If it doesn't, you get to use a service for
           | free.
        
           | Aloisius wrote:
           | Who does Facebook sell data to?
        
             | lcnPylGDnU4H9OF wrote:
             | "Harvested and processed to add cohort tags to include in
             | advertisement real-time bidding contests so advertisers can
             | know how much to bid", while more precise, isn't as punchy
             | as "harvested and sold".
        
               | Aloisius wrote:
               | So it's not literally sold?
               | 
               | I've been confused about this for a while. Given data is
               | what allows them a unique advantage for their advertising
               | product, it seemed odd that Facebook would sell that data
               | to others.
               | 
               | But to hear people talk, a company could literally buy
               | personal information from Facebook.
        
               | lcnPylGDnU4H9OF wrote:
               | Yeah, that makes sense. Facebook wants the data so they
               | can provide more accurate advertising "cohorts". The
               | accuracy is the value that other people see, hence
               | "selling" the data even though they're really selling an
               | ad view.
        
           | overstay8930 wrote:
           | Nobody was holding a gun up to my head forcing me to open
           | Facebook or give them money
        
         | zmgsabst wrote:
         | YouTube allows you to disable personalized ads.
         | 
         | https://www.youtube.com/intl/en_us/howyoutubeworks/user-sett...
        
         | AndrewDucker wrote:
         | They are saying that there should be the option where you don't
         | get your data harvested and are shown ads without your privacy
         | being violated.
        
       | WhyNotHugo wrote:
       | US officials and businessmen keep on repeating the same thing:
       | 
       | > The European Commission is attempting to handicap successful
       | American businesses while allowing Chinese and European companies
       | to operate under different standards.
       | 
       | But this is wildly untrue. The EU isn't hand-picking individual
       | organisations and fining them because they're American, they're
       | fining them because they're in breach of existing legislation.
       | The same legislation applies to local companies.
       | 
       | Ironically, it's the US who takes stances like the one they claim
       | the EU is taken. E.g.: The US required that TikTok be sold,
       | without actually proving that TikTok was in breach of any actual
       | law.
       | 
       | But repeating the same claims gets those claims out into the
       | media, and that's what people hear. So we see a dissonance
       | between what the media says (and many people believe) and what's
       | really happening.
        
         | paxys wrote:
         | US corporations are too used to breaking laws as they see fit
         | and getting away with a slap on the wrist, so being asked to
         | follow the rules feels like an attack to them.
        
         | skyyler wrote:
         | >So we see a dissonance between what the media says (and many
         | people believe) and what's really happening.
         | 
         | This thing right here terrifies me. The entertainment-
         | information media oligopoly has a tight grasp on public
         | conversations. It feels like a hydra that can't be defeated.
        
           | wizzwizz4 wrote:
           | It can be defeated by talking to people about things. If you
           | are known to be an expert in topic X, and you are saying
           | something different to what the media says about topic X (and
           | which makes more sense), people (who know you and your
           | reputation) are inclined to believe you over the media.
           | 
           | This only has a local impact, but global is made of local.
        
             | skyyler wrote:
             | I do this as much as I can. Between chatrooms and local
             | meets, I spend a significant portion of my time attempting
             | to politely dispel misinformation.
             | 
             | It's exhausting, but it's worth it.
             | 
             | I want to organise with other people that do this, but I'm
             | not sure how to do that. It feels like our efforts would be
             | multiplied if we started to publish or otherwise spread
             | information.
        
         | walkingthisquai wrote:
         | Well... Though I agree with you in principle, the DMA does
         | target specific gatekeeper companies and the criteria for these
         | were set conveniently to ensure no EU company is regulated by
         | it. So I can see their point a little
        
           | jakob_endler wrote:
           | thats only kinda right. The DMA does include booking.com as a
           | gatekeeper, which is european. But most gatekeepers (except
           | booking and tiktok) are US-based
        
             | Aloisius wrote:
             | Booking Holdings is American. They bought booking.com in
             | 2005.
        
             | bojan wrote:
             | Booking.com was European, is not any more. It is now a
             | subsidiary of Booking Holding (formerly Priceline), based
             | in Connecticut.
        
               | chgs wrote:
               | That's of course the reason these types of companies are
               | American - Americans are rich and can buy out foreign
               | companies which are successful.
        
           | johnmaguire wrote:
           | Isn't the question whether they were set _because_ they were
           | US companies, or because they are dominant gatekeepers on the
           | Internet?
           | 
           | 5/7 designated gatekeepers are US companies: https://digital-
           | markets-act.ec.europa.eu/gatekeepers_en
        
             | dwaite wrote:
             | I thought Booking Holdings Inc was also American.
             | 
             | There are zero European companies, including Spotify - the
             | #1 music streaming marketplace in the world.
        
               | Zopieux wrote:
               | What exactly does Spotify gatekeep though?
        
               | Aloisius wrote:
               | They're a gatekeeper in the same way YouTube or TikTok
               | is.
               | 
               | They control access of businesses, in this case music
               | labels, to the final customer.
        
               | johnmaguire wrote:
               | That's not really true. You can easily switch to Deezer,
               | Apple Music, Tidal, Qobuz, YouTube Music, etc. You'll
               | have access to just about the exact same library of
               | music.
               | 
               | You can't just ignore YouTube, TikTok, Facebook
               | Marketplace and still have access to the content they
               | gatekeep.
        
               | Aloisius wrote:
               | The DMA doesn't care how easy for final customers to
               | switch. If it did, Chrome wouldn't be designated a
               | gatekeeper given how easy it is to switch to Firefox or
               | brave or a dozen other browsers.
               | 
               | The DMA is about disintermediation of businesses from
               | customers on large platforms with business and non-
               | business users and durable user bases.
        
               | johnmaguire wrote:
               | The problem with Chrome and the DMA has to do with the
               | fact that Alphabet does these "don'ts":
               | 
               | - treat services and products offered by the gatekeeper
               | itself more favourably in ranking than similar services
               | or products offered by third parties on the gatekeeper's
               | platform
               | 
               | - prevent users from un-installing any pre-installed
               | software or app if they wish so (Chrome on Android can be
               | disabled but not uninstalled)
               | 
               | - track end users outside of the gatekeepers' core
               | platform service for the purpose of targeted advertising,
               | without effective consent having been granted.
               | 
               | https://digital-markets-act.ec.europa.eu/about-
               | dma_en#what-d...
        
               | Aloisius wrote:
               | None of that is used to determine who is a gatekeeper.
               | 
               | The assessment for whether Chrome qualified as a
               | gatekeeper is less than 3 pages long. All they care about
               | is whether they qualify as a platform and that they are
               | over the threshold for active non-business users, active
               | business users, revenue in the EU for enough time.
               | 
               | At no point did they concern themselves with potential
               | anti-competitive practices in making the determination.
               | 
               | It's only _after_ they 're designated a gatekeeper that
               | they're required to avoid things like self-preferencing
               | or negotiating MFN terms with business. This conveniently
               | allows the EU to pick and choose who the restrictive
               | rules apply to on a company by company and product by
               | product basis.
               | 
               | https://ec.europa.eu/competition/digital_markets_act/case
               | s/2...
        
               | johnmaguire wrote:
               | I think the document you really want to look at is this
               | one, which is the actual regulation the DMA is operating
               | under: https://eur-lex.europa.eu/eli/reg/2022/1925/oj/eng
               | 
               | That regulation is very much concerned with anti-
               | competitive practices. What we're seeing now is the
               | application (or execution) of those regulations.
               | 
               | When I look at Regulation (EU) 2022/1925, it's pretty
               | clear to me that Spotify does not have, for example,
               | "very strong network effects, an ability to connect many
               | business users with many end users through the
               | multisidedness of these services, a significant degree of
               | dependence of both business users and end users, lock-in
               | effects, a lack of multi-homing for the same purpose by
               | end users, vertical integration, and data driven-
               | advantages."
        
               | Aloisius wrote:
               | What?
               | 
               | Spotify most certainly does have strong network effects
               | (your friends are all on it, the party you go to with
               | collaborative playlists uses it, etc), data driven-
               | advantages (Spotify's personalized recommendations are
               | built on vast historical playing data), lock-in effects
               | (your playlist/history and all your friends' playlists
               | are there), dependence of businesses users (Spotify is
               | the go-to platform for music labels for promotion and
               | only way to reach certain customers) and end users
               | (because of network and lock-in effects).
        
               | johnmaguire wrote:
               | I think we might have a fundamental disagreement that
               | we'll have to agree to disagree on.
               | 
               | From a brief search, Facebook and Google are responsible
               | for ~60-80% or more of digital advertising spend. This is
               | because of their data-driven advantages that come from
               | the multisidedness of their services, forcing a
               | dependence of business users.
               | 
               | While Spotify does have social features, I don't really
               | know anyone who joined Spotify because that's "where
               | their friends were." The social features consist
               | primarily of playlists (which can be viewed without an
               | account) and a feed showing what friends are listening
               | to, if you connect to Facebook - which many don't.
               | Additionally, Spotify has very open APIs that make it
               | easy to move a playlist to another service:
               | https://developer.spotify.com/documentation/web-
               | api/referenc...
               | 
               | Facebook requires an account to access Marketplace, even
               | to view it (lock-in effects), and many communities and
               | neighborhoods have made Facebook the sole source of
               | online discussion / information sharing (strong network
               | effects.) Eschewing Facebook means missing information
               | you can't get any other way. And it's literally
               | impossible to avoid Google online.
               | 
               | Simply having a product and customers ("your friends are
               | all on it, the party you go to with collaborative
               | playlists uses") or an audience ("Spotify's personalized
               | recommendations are built on vast historical playing
               | data") is not the same as being a gatekeeper.
        
               | johnmaguire wrote:
               | My mistake. While Booking.com is HQ'd in Amsterdam,
               | Booking Holdings is indeed a US company (also responsible
               | for Priceline, Kayak, and OpenTable.)
               | 
               | > There are zero European companies, including Spotify -
               | the #1 music streaming marketplace in the world.
               | 
               | This still doesn't answer the actual question of whether
               | the gatekeepers were selected because they are US
               | companies, or because they are are Internet gatekeepers.
               | I don't find it surprising that the US's legal and
               | economic culture resulted in more conglomerate
               | gatekeepers than other nations.
        
           | makeitdouble wrote:
           | I'd argue this style of concentrating power under a single
           | giant company is mostly American style.
           | 
           | EU companies tend to keep group entities separate instead of
           | running for absolute synergies. For instance the AOL-Time-
           | Warner-Direct-Dish kind of merger is pretty much unheard of.
        
         | throwaway2037 wrote:
         | I think you make many good points. Slight tangent: Why isn't EU
         | more concerned about TikTok? While it is very difficult to
         | prove, various studies have demonstrated that TikTok pushes
         | more content favoring the Chinese Government (CCP).
        
           | staunton wrote:
           | > TikTok pushes more content favoring the Chinese Government
           | (CCP).
           | 
           | Does that violate EU law? (Serious question, I really don't
           | know)
        
             | kome wrote:
             | no, and as far I know it doesn't violate any US law either.
             | the thing against tiktok is not based on law, but based on
             | suspicions.
        
           | pbiggar wrote:
           | Actually, the problem the US had with Tiktok that was it did
           | not censor people from talking about Palestine
           | 
           | https://www.middleeasteye.net/news/us-tiktok-ban-linked-
           | isra...
        
             | Aloisius wrote:
             | The timeline doesn't align for that at all. National
             | security concerns were raised before the Pentagon banned in
             | in 2019, then Trump ordered it to divest in 2020.
             | 
             | No doubt that it became _an_ argument by some more
             | recently, but it was just another straw on the already
             | broken camel 's back.
        
           | bojan wrote:
           | In my anecdotal experience of one, American platforms are way
           | faster in pushing far-right content on me even though it has
           | to be clear to the algorithm that I don't want such content.
           | 
           | TikTok never does that.
        
           | fragmede wrote:
           | it's not difficult to prove. In the wake of the tarrifs,
           | everyone in the US got Chinese manufacturing videos pushed to
           | their feed so customers can buy direct from factories and
           | avoid huge markups by a middleman.
        
             | Draiken wrote:
             | Or, you know, Chinese businesses acted like businesses and
             | capitalized on the orange man's stupidity and naturally
             | went viral.
             | 
             | The tinfoil hats come out pretty quickly when China is
             | mentioned but Occam's razor still applies here.
        
         | fc417fc802 wrote:
         | Agreed with your first point. Regarding TikTok though the
         | argument was never (AFAIK) that they were actively breaking the
         | law but rather that their structure and ownership posed a
         | threat to US interests. That's pretty reasonable and largely
         | mirrors China's stance against the US.
         | 
         | If anything the surprising thing is how lenient western
         | governments tend to be towards foreign corporations. They seem
         | to prioritize free trade above all else.
        
           | sapphicsnail wrote:
           | I find this so confusing. Rupert Murdoch and Elon Musk are
           | foreigners who are both demonstrably influencing American
           | politics through media they control. What makes Tiktok
           | different?
        
             | madeofpalk wrote:
             | Rupert Murdoch has exclusively been a US citizen for 40
             | years.
             | 
             | But really, what makes Tiktok different is China.
        
             | dybber wrote:
             | TikTok probably didn't make friends and pay bribes to the
             | right people.
        
             | fc417fc802 wrote:
             | The same thing that would make a platform with ties to
             | Russia different. It falls under the influence of a
             | sophisticated geopolitical adversary.
             | 
             | Tesla is headquartered and has most operations based in the
             | US. Murdoch's ventures are similar AFAIK.
             | 
             | Given how much surveillance modern vehicles do I wouldn't
             | be surprised if imports start being subjected to additional
             | scrutiny at some point. But at least most vehicles can't be
             | used to subtly and intentionally manipulate the owner's
             | perception of the world so I guess the stakes are a bit
             | lower.
        
             | nozzlegear wrote:
             | Rupert Murdoch and Elon Musk are both American citizens. In
             | fact, one of Murdoch's primary reasons for becoming an
             | American citizen in 1985 was to comply with the
             | Communications Act of 1934, which prevented him (or any
             | non-citizen) from owning more than 25% of a broadcasting
             | company.
             | 
             | Here's a piece of history from 1985 that talks about it:
             | https://archive.ph/HlHrx
        
           | baby wrote:
           | The US is lying about tiktok, the only reason is to mirror
           | China's strategy towards American app. After watching the
           | tit-for-tat video of Veritasum[1] I agree with America's
           | strategy of banning Chinese apps until China allows American
           | apps. That being said, I wish the US was more transparent
           | about why they're doing this instead of lying.
           | 
           | I'm guessing the reason why they're lying is that they don't
           | want to scare ALL Chinese companies.
           | 
           | [1]: https://www.youtube.com/watch?v=mScpHTIi-kM
        
         | Herring wrote:
         | That's called gaslighting, and it's a hostile act. Truth is the
         | first casualty of war. If someone is trying to deceive you (or
         | deceive others and ruin your reputation), they are actively
         | exposing you to some kind of risk, usually for their own
         | benefit, which is a hostile act. Recommend you act accordingly.
        
         | jerf wrote:
         | There is no irony. The EU is targeting US companies. The US is
         | targeting Chinese companies. The US is or soon will be
         | targeting EU companies. China is targeting US companies. China
         | will probably soon be targeting EU companies if they aren't
         | already, which is probably already debatable. And this is not a
         | complete list, it's not even a complete list of the highlights.
         | 
         | If they're doing it by legislation, well, the EU has been
         | passing "legislation clearly designed for US companies to be in
         | infringement of" for a while. Maybe you like that. Maybe it's a
         | good thing; after all, the things they're passing laws about
         | are basically just actions only US companies are capable of
         | taking right now. Nevertheless it is clearly targeting. It's
         | just targeting you like. The US has passed such legislation.
         | China does it both with formal legislation and with _de facto_
         | rules.
         | 
         | Free trade is a dead letter. Whether you like that or not is
         | not very relevant to whether or not it is dead. It's dead.
         | Maybe it'll swing back around in a few decades but right now
         | even that is a distant prospect, we're not even done
         | accelerating into the current merchantalist phase of the cycle,
         | let alone decelerating, let alone heading back.
         | 
         | (Note "whataboutism" would be an inappropriate response to my
         | point here; that's about "it's ok for us because they do it".
         | My observation is not normative, merely descriptive... everyone
         | is doing it, and they're doing it more rather than less right
         | now.)
        
           | tonyedgecombe wrote:
           | >The US is or soon will be targeting EU companies.
           | 
           | They already do, lookup how many European banks have been
           | fined by the US and by how much then compare that to US
           | banks.
           | 
           | Everybody plays these games.
        
         | mfld wrote:
         | Another irony is that the biggest (business) beneficiaries of
         | applied DMA would be other US-based digital services companies
         | like Netflix or Epic.
        
       | paxys wrote:
       | > "This isn't just about a fine; the Commission forcing us to
       | change our business model effectively imposes a multi-billion-
       | dollar tariff on Meta while requiring us to offer an inferior
       | service."
       | 
       | Meta complaining about getting tariff'd is objectively hilarious.
        
         | disgruntledphd2 wrote:
         | > the Commission forcing us to change our business model
         | 
         | This is total, utter, complete 100% grade A organic nonsense.
         | 
         | I worked at FB (but the same is true of basically all action
         | driven advertising systems). Only a tiny proportion of users
         | ever click, but they are incredibly lucrative for online
         | advertising platforms.
         | 
         | The whole subscription was a really transparent attempt to get
         | people to accept the tracking and it's honestly profoundly
         | depressing that this is what they're reduced to.
        
       | josefritzishere wrote:
       | These fines make sense. The EU is driving a pro-competition
       | capitalist model. American companies will have to compete, and
       | not just entrap users.
        
       | samdung wrote:
       | Breach. Get sued. Pay Fine. Rinse. Repeat.
       | 
       | At this point it looks like governments want the money and
       | companies are gleefully willing to pay.
        
         | xandrius wrote:
         | Damned if you do, damned if you don't. I get it that millions
         | isn't much but it's something, and at least it sends a signal.
        
           | squigz wrote:
           | Frankly, the whole "it's pointless, so this is stupid"
           | response to some things is more tiring to me than anything.
           | What exactly is the end-game for these people? All or
           | nothing? That is just delusional. It is simply not how
           | progress is made. So let's be appreciative of what little is
           | done, and push for more?
           | 
           | Not to mention the amount of people in here just focusing on
           | the fine - by the way, I don't know how people can square the
           | belief that these companies are endlessly greedy and will do
           | anything for more money, with the belief that half a billion
           | euros lost profit will just sit well with them - while
           | completely ignoring the bit where these companies either
           | comply or face even more fines.
        
         | switch007 wrote:
         | All in agreement behind closed doors with the EU bureaucrats
        
       | alexfromapex wrote:
       | Millions is nothing for these companies. Just a cost of doing
       | business.
        
         | xandrius wrote:
         | Starting somewhere. The US ain't even doing that.
        
           | switch007 wrote:
           | Not really. If citizens see "fines" and think "whew, they got
           | their just deserts", it's almost worse than no fines.
           | 
           | But the EU is frequently performative, so it doesn't surprise
           | me. It wouldn't surprise me if they agreed in advance with
           | the EU the fines, behind some closed doors.
           | 
           | Nothing less than a billion these days even registers
        
       | npc_anon wrote:
       | The "EU over-regulation" argument is pathetic. The exact opposite
       | is true, 2-3 decades of zero regulation has led to Big Tech
       | empires that can get away with anything.
       | 
       | It harms the free market, harms the freedom to compute, creates
       | an asymmetrical extractive relation between mega-corp and average
       | internet user, and omnipresent surveillance. It's anti-American
       | if "American" still means a love of freedom, personal privacy and
       | fair competition.
       | 
       | But I do understand the "new" American perspective. These
       | companies are money printers some of which produce as much as
       | $30B of pure profit in a single quarter. If such companies are to
       | exist, they best be American I guess.
        
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