= Defending DMA against Apple: The FSFE signs joint position paper =
[ Read online: https://fsfe.org/news/2024/news-20240627-01.fi.html ]
Together with nine stakeholders organisations, the FSFE has submitted a
joint position paper to the European Commission, with whom we are
working on the implementation of the Digital Markets Act. This paper,
supported by legal and data-backed arguments, addresses Apple’s non-
compliance with the law, particularly concerning software freedom,
alternative Free Software app stores and interoperability obligations.
The Digital Markets Act (DMA) regulates large tech companies in the EU,
setting the main rules for designating gatekeepers and enforcing their
obligations. As a designated “gatekeeper”, Apple was required to present
a strategy for complying with the DMA. Since March 2024, the European
Commission (EC) has been investigating it for non-compliance [1].
Following a series of interventions, in order to assist the DMA
enforcement procedure, the FSFE is signed a joint position [2] to the
EC, highlighting the main problematic aspects of Apple in relation to
Free Software.
As far as the FSFE is concerned, the main points relate to:
- *Software freedom*: By blocking side-loading of apps and the
unfettered installation of alternative app stores, Apple is violating
Art.6(4). Concretely, paragraph 4 obliges the gatekeeper to provide
users with the possibility to easily install apps from other sources
than the gatekeeper’s own software application store. Recital (41)
clarifies that the gatekeeper is prohibited from undermining or
restricting that possibility in any way.
- *Vendor lock-in vs interoperability*: By hampering effective
interoperability with of hardware functions, the company is violating
Art. 6(7). Apple has introduced an opaque and non-accountable system
to grant interoperability that impedes Free Software projects to
effectively access hardware and software functions of devices. The DMA
prescribes the opposite: interoperability should be granted free of
charge and effectively, so third parties can enjoy the same privileged
access to hardware and software as the gatekeepers.
The FSFE welcomes the EC’s efforts in finding Apple to be in breach of
the law [3]. However, this is only the first step in a regulatory
process aimed at reducing the company’s monopolistic control over
devices.
=== Apple threatens Free Software – please help protecting software freedom! ===
The DMA includes several provisions directly impacting Free Software
[4]. It mandates “gatekeepers” to allow installing of software
(sideloading), to enable alternative app stores and repositories to be
used in devices, and several interoperability obligations, allowing
third party developers to access the same hardware functions as the
gatekeepers.
Apple’s unfair behaviour against Free Software highlights the critical
need to monitor the implementation of the DMA. The FSFE collaborated
with F-Droid, the AppFair project, and other interoperability experts to
scrutinize Apple’s DMA compliance, and it’s impact on Free Software.
Since then, we coordinated several expert workshops with stakeholders,
discussed with regulators in FOSDEM [5], had official meetings with the
EC’s DMA team [6], and submitted a comprehensive position to the EC [7]
detailing several problematic elements in the Apple compliance that will
harm the Free Software.
Free Software is key for a democratic society and we should not allow
gatekeepers to threaten our rights and freedoms. Apple has a huge
revenue from blocking Free Software on iOS, and has dedicated a lot of
resources to interpret the DMA as it deems fit. For instance, Apple
publicly stated that [8] iPhones and iPads are not general purpose
computers, and users are not allowed to run the software they want.
/Holding companies like Apple accountable under the DMA is a
complicated, time-consuming and resource-intensive activity. It can even
be a dangerous one as the risk of retaliation is real. We face it with
courage and determination. If you are not yet an FSFE supporter,/ please
join our cause today [9] /./ Defending Free Software against large
corporations takes a long time, maybe more than a decade.Our long-term
commitment includes engaging with Free Software communities across
Europe, conducting research and analysis for legal and policy positions,
participating in official hearings, and we are getting prepared to be
involved in strategic litigation.
Inflation is hitting everyone, especially organizations like ours that
rely on individual donations. Your regular support is vital to help us
continue standing up to those who seek to circumvent the law and
undermine our freedoms.
1: https://digital-markets-act.ec.europa.eu/latest-news_en
2: https://edri.org/wp-content/uploads/2024/06/Joint-submission-on-Apple-DMA-n…
3: https://digital-markets-act.ec.europa.eu/commission-sends-preliminary-findi…
4: https://fsfe.org/activities/dma/dma.fi.html
5: https://fsfe.org/news/2024/news-20240318-02.fi.html
6: https://fsfe.org/news/nl/nl-202406.fi.html#interoperability-apple
7: https://download.fsfe.org/device-neutrality/202404-FSFE-apple-report-EC.pdf
8: https://webcast.ec.europa.eu/compliance-with-the-dma-apple-2024-03-18
9: https://my.fsfe.org/donate?amount=300&period=m
10: https://my.fsfe.org/donate?amount=300&period=m
== 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