Digital Markets Act: Device Neutrality finally becomes a reality
https://fsfe.org/news/2021/news-20211215-01.html
After many iterations and amendments, the European Parliament adopted
the Digital Markets Act by 642 votes in favour, 8 votes against, and 46
abstentions. With this vote the principle of Device Neutrality is
introduced. At the same time, the Parliament missed the chance to
introduce strong requirements for interoperability based on Open Standards.
"We strongly believe the digital markets will benefit by facilitating
access to Free Software in devices. Device Neutrality translates in the
DMA as stricter consent rules for pre-installed apps, safeguards against
vendor lock-in, and real-time data portability. Interoperability of
services was also introduced, but not with the requirement to be based
on Open Standards. This is a lost chance to leverage competition with
accessible and non-discriminatory technical specifications. Open
Standards are an important element for innovation by allowing market
actors to innovate on top of technical specification standards and build
their own services.", says Lucas Lasota, the FSFE's Deputy Legal
Coordinator.
The FSFE has urged EU legislators to safeguard Device Neutrality in the
DMA. We regret the voting has not contemplated setting Open Standards as
default to define interoperability. However, getting Device Neutrality
in the legislation is the first step. The right for end-users to use
their own device and operating system is an important factor to
guarantee access of Free Software operating systems to dominant
platforms. As a daily reality for many users this option enlarges the
audience for Free Software adoption.
The FSFE has been working for two decades empowering people to control
technology in their devices. We will closely follow the implementation
of the law and continue to conduct activities and initiatives to
safeguard end-users' interests.
== About the Free Software Foundation Europe ==
Free Software Foundation Europe is a charity that empowers users to
control technology. Software is deeply involved in all aspects of our
lives; and it is important that this technology empowers rather than
restricts us. Free Software gives everybody the rights to use,
understand, adapt and share software. These rights help support other
fundamental freedoms like freedom of speech, press and privacy.
The FSFE helps individuals and organisations understand how Free
Software contributes to freedom, transparency and self-determination.
We enhance users' rights by abolishing barriers to Free Software
adoption, encourage people to use and develop Free Software, and provide
resources to enable everyone to further promote Free Software in Europe.
https://fsfe.org
= Digital Markets Act - Device Neutrality must be consolidated in the legislation =
[ Read online: https://fsfe.org/news/2021/news-20211213-01.fi.html ]
On December 15, the Digital Markets Act, the EU's comprehensive
regulatory package for internet platforms, will go through plenary
voting at the European Parliament. The FSFE calls for consolidating
Device Neutrality to enable fair and non-discriminatory use of Free
Software in digital devices.
The European Union is about to introduce a major overhaul of Internet
legislation with the Digital Markets Act (DMA) [1]. After successful
committee voting on 22 November, the European Parliament will conduct
plenary voting on 15 December. The FSFE advocates Device Neutrality [2]
as a fundamental step to achieve a contestable, open, and competitive
digital market in the EU and urges the European Parliament to secure
this principle in the final voting.
== Device Neutrality - fostering Free Sofware in an end-user centric digital market ==
The DMA focuses on "gatekeepers", understood as very large tech
companies that have control over large parts of digital services, such
as search engines, social networking services, messaging services,
operating systems, and online intermediation services. While digital
devices are a ubiquitous reality in all aspects of life, our control
over the hardware and software running on them is increasingly being
limited. Device Neutrality is the policy concept that users should have
the right of non-discrimination of the services and software they use,
based on platform control by hardware vendors, manufacturers, and
service providers. The goal is to enable users to bypass gatekeepers and
enable a fair and non-discriminatory use of Free Software in devices.
Freedom in the information society needs your financial contribution.
Become a supporter now [3] After many iterations and amendments, the
DMA's final text submitted to the plenary voting incorporates the
following Device Neutrality principles, which the FSFE urges the
European Parliament to consolidate in the plenary voting:
- *Strict end-user consent for pre-installed apps*. The DMA must impose
on gatekeepers the obligation to allow their customers to uninstall
any pre-installed software applications they provide on their services
or with their hardware. This means more restrictive rules for pre-
installed apps, providing users the same access privileges for both
pre-installed and alternative apps, and the possibility to uninstall
pre-loaded apps.
- *No vendor lock-in*. The DMA should enable side-loading of apps in
dominant operating systems, so consumers can install any compatible
software on their devices. The DMA should require gatekeepers to
permit third-party app stores and code repositories that compete with
their own. The law must prohibit gatekeepers limiting the ability of
end-users to switch between and subscribe to different software
applications and services. This will prevent gatekeepers from locking
users into specific service providers.
- *Interoperability of services based on* Open Standards [4]. It is
urgent for the DMA to require gatekeepers to provide access and
interoperability to hardware and software features accessed or
controlled via the gatekeeper's operating system. That means that the
operating system's functionalities and available APIs should be
transparent and available to apps in a non-discriminatory way.
Interoperability should be defined by Open Standards.
- *Real-time data portability*. The DMA should require gatekeepers to
provide real-time data portability for devices, so that consumers can
switch from one device to another - including operating systems - as
smoothly as possible.
Discuss this [5]
1: https://www.europarl.europa.eu/doceo/document/OJQ-9-2021-12-15_EN.html
2: https://fsfe.org/news/2021/news-20211122-01.fi.html
3: https://my.fsfe.org/donate?referrer=https://fsfe.org/news/2021/news-2021121…
4: https://fsfe.org/freesoftware/standards/index.fi.html
5: https://community.fsfe.org/t/780
== About the Free Software Foundation Europe ==
Free Software Foundation Europe is a charity that empowers users to
control technology. Software is deeply involved in all aspects of our
lives; and it is important that this technology empowers rather than
restricts us. Free Software gives everybody the rights to use,
understand, adapt and share software. These rights help support other
fundamental freedoms like freedom of speech, press and privacy.
The FSFE helps individuals and organisations understand how Free
Software contributes to freedom, transparency and self-determination. We
enhance users' rights by abolishing barriers to Free Software adoption,
encourage people to use and develop Free Software, and provide resources
to enable everyone to further promote Free Software in Europe.
https://fsfe.org