= Apple vs EU Commission: the FSFE intervenes to safeguard Free Software =
[ Read online: https://fsfe.org/news/2024/news-20240812-01.sk.html ]
The Free Software Foundation Europe is intervening in litigation brought
by Apple against the European Commission before the Court of Justice of
the European Union. Apple is seeking to avoid DMA obligations related to
its App Store and the interoperability of its operating system. The FSFE
aims to protect Free Software against monopolistic corporate control.
The Court of Justice of the European Union (CJEU) has officially allowed
the FSFE to intervene in the litigation brought by Apple against the
European Commission [1] to avoid being designated as a ‘gatekeeper’
under the Digital Markets Act (DMA) [2]. The company has put forward an
aggressive policy against Software Freedom and interoperability, seeking
to deter the enforcement of the DMA – a law dedicated to increase
fairness and contestability in digital markets by regulating the
economic behaviour of very large tech corporations.
“Becoming an intervener in this case is crucial as the FSFE is
representing the civil society perspective, which enriches the judicial
proceedings. This allows the court to make fully informed decisions”,
says Dr. Martin Husovec, the lawyer representing FSFE in the court.
The FSFE’s intervention aims to uphold the application of the DMA to
Apple, leveraging the voice of the Free Software community [3] against
the company’s unfair practices. Free Software projects are
disproportionately affected [4] by the company’s monopolistic practices.
Apple’s fee policies, strict vendor lock-in, prohibition on side-
loading, and restriction on alternative app stores result in
insurmountable barriers against Software Freedom.
“Standing against a corporate giant like Apple, which has billions of
euros to hinder Software Freedom, reflects the FSFE's commitment to
preserving open and competitive digital environments. The FSFE's
intervention is fundamental for Device Neutrality [5], ensuring that
users and developers are not locked into proprietary systems and can
freely choose and use the software they want. The court's acceptance of
the FSFE's application underlines the importance of Free Software and
interoperability not only for digital markets, but also for user
freedoms, open internet and digital democracy”, states Lucas Lasota,
FSFE’s Legal Programme Manager.
In accepting the FSFE into the proceedings, the court stated [6] that “
/the case is likely to have a significant impact on […] the supply of
Free Software, free exchange of information and equal chances in
accessing software/ ”. Besides, the court recognized that, in case
Commissions’ designation decision would be annulled, [...] “ /such a
result would have an impact on the ability of the developers of
applications or Free Software to interconnect their applications free of
charge with Apple’s operating system iOS, which, in turn, would affect
[the] FSFE’s ability to further and distribute such software to as wide
a public as possible/ ”.
The next step for the FSFE is to submit its arguments by mid-September.
Further updates will be posted on fsfe.org [7].
1: https://curia.europa.eu/juris/document/document.jsf?text=&docid=289266&page…
2: https://fsfe.org/activities/dma/dma.sk.html
3: https://fsfe.org/news/2024/news-20240627-01.sk.html
4: https://download.fsfe.org/device-neutrality/202404-FSFE-apple-report-EC.pdf
5: https://fsfe.org/activities/deviceneutrality/index
6: https://curia.europa.eu/juris/document/document.jsf?text=&docid=289266&page…
7: https://fsfe.org/index.sk.html
== 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