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Sophisticatednut

macrumors 68020
May 2, 2021
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At this stage, all I am hearing is blah blah blah. I’m over this. It’s a circular argument and we’ve hashed this out much more than we need to over and again.

Ultimately there are 2 perspectives in this which is why they argue these things in court.
Circular argument by referring to the law? They have already been to court. Apple presented their verbal defenselast summer, we are just waiting for the decision. And my bet isn’t on Apple
 

I7guy

macrumors Nehalem
Nov 30, 2013
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Gotta be in it to win it
You have provided the best reason why this action against Apple is justified. Thank you!
That’s a very shortsighted comment. Along with that reason that Apple retains control they keep apps that aid crime, terrorism, drug and human trafficking and what not out of the App Store.

That’s what the courts are for. Ask Tim Sweeny.
 

MilaM

macrumors 6502a
Nov 7, 2017
726
1,575
Along with that reason that Apple retains control they keep apps that aid crime, terrorism, drug and human trafficking and what not out of the App Store.
Apple still has ways to do this. Check how it works on MacOS. Apple has the infrastructure to remotely block any binary from launching on your Mac, if the device is connected to the Internet occasionally.

Also, more freedom means more responsibility. Cars are (potentially) dangerous. That does not mean that manufacturers should decide who to gets to drive a car and who not.
 

I7guy

macrumors Nehalem
Nov 30, 2013
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Gotta be in it to win it
Apple still has ways to do this. Check how it works on MacOS. Apple has the infrastructure to remotely block any binary from launching on your Mac, if the device is connected to the Internet occasionally.

Also, more freedom means more responsibility. Cars are (potentially) dangerous. That does not mean that manufacturers should decide who to gets to drive a car and who not.
I guess we disagree. Can’t have it both ways. And we’ll see what transpires.
 

Sophisticatednut

macrumors 68020
May 2, 2021
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That’s a very shortsighted comment. Along with that reason that Apple retains control they keep apps that aid crime, terrorism, drug and human trafficking and what not out of the App Store.

That’s what the courts are for. Ask Tim Sweeny.
I don’t see you arguing against encryption and secure communication and apples privacy focus. Even tho it’s the biggest contribution to criminal activity and them escaping prosecution.
Just how CSAM would aid criminal activity, luckily Apple realized their error
Unless you happen to value privacy, we just happen to also value freedom alongside that.
 
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I7guy

macrumors Nehalem
Nov 30, 2013
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Gotta be in it to win it
I don’t see you arguing against encryption and secure communication and apples privacy focus. Even tho it’s the biggest contribution to criminal activity and them escaping prosecution.
Just how CSAM would aid criminal activity, luckily Apple realized their error
Unless you happen to value privacy, we just happen to also value freedom alongside that.
What kind of backwards logic is this? A car can be used to transport people and run over people purposefully, yet I am surprised the EU hasn’t fined the car manufacturers millions of dollars due to this duality. Or better, just ban them.
 

webkit

macrumors 68030
Jan 14, 2021
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That’s not stifling competition.

It is when you are a dominant player in a market as is the case with iOS and Android in the mobile OS market.



Every closed system does it.
Printers could only use certain inks. That’s why printers were cheap as. Subsidies
Claimed back over use time.

If a printer company had a dominant position in the printer market similar to iOS and Android in the mobile OS market and the only place customers could get ink would be through the printer OEM stores/website, it could be an antitrust issue. However, that does not seem to be the case as there are several viable printer company options, many many places to buy ink, and there can be several non-OEM alternatives for ink.



Side loading isn’t allowed on many things.

Again, it can depend on the dominance, market power, influence, etc. a particular company or product has in a market.



How many hate their tv experience and can change it? We have a government that wants to ensure free to air apps get first placement on smart screens and all streamers scream over how unfair it is.

Seems people like flexibility when it suits them.

You bought a phone knowing it was a locked environment. Get over it.

Buy the Android one if you want to fiddle.
It really is that simple. The choice is yours.

Just because there are choices doesn’t negate antitrust laws or mean dominant companies can engage in anticompetitive behavior. Coke is an alternative to Pepsi and vice versa yet they both can and have faced antitrust legal issues.
 
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wbeasley

macrumors 65816
Nov 23, 2007
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Eu is for the market and a healthy competition.

Spotify can claim whatever they want, even say they think Tim is smelly feets and it impacts their business…In the end of the day the actions they filed a complaint over must still be against the law as antitrust or anticompetitive.

You are free to read EU law and you will know what the legal meaning of unfair is. Thera about 80 years of Jurisprudence by the European Court of Justice in regards to the Rome statutes.
i just yawn at the crap interpretations i read on here.

they dont care about consumers at all. or competition.

it's all lobbying an money.
if I was Apple I'd pull out and see if they survive the wrath of voters. ;)
the old guillotines might come out of storage...

but there are very few on here who seem to care.
Apple are god at being clever and meeting requirements if not intent. much better than most petty officials...
 

Sophisticatednut

macrumors 68020
May 2, 2021
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What kind of backwards logic is this? A car can be used to transport people and run over people purposefully, yet I am surprised the EU hasn’t fined the car manufacturers millions of dollars due to this duality. Or better, just ban them.
Backwards logic? Did you not say: Apple retains control they keep apps that aid crime, terrorism, drug and human trafficking and what not out of the App Store.

But also you are ignoring the iMessage app and iOS security is the biggest contributor to the exact same thing you just listed. But I assume you just like me like privacy and security and aren’t willing to sacrifice that privacy. Or are you willing to sacrifice it as well on the alter for Apple can do no wrong?

And absolutely love the new security features
And you probably remember when Apple said they were going to launch CSAM on device scanning. And how heavily criticized it was for compromising privacy?
And lucky for us Apple did realize that and now uses the same arguments against it that they previously dismissed against the Australian government.

I value privacy, security AND freedom
 

wbeasley

macrumors 65816
Nov 23, 2007
1,266
1,437
You have provided the best reason why this action against Apple is justified. Thank you!
it was a suggestion not what Apple will do so you can hardly interpret those words as justification. LOL.

shows how desperate you are.

but it would be an interesting twist to see if regular people revolted against the EU or not. :)
 

wbeasley

macrumors 65816
Nov 23, 2007
1,266
1,437
The EU feels restrictions on sideloading and alternative app stores are anticompetitive and in response, Apple has agreed to adjust their "behavior" for the EU market (so far).
Apple has been forced to change things because of a deadline and threats. so much for free and open competition...

Yet Apple are whiley enough to change things to meet the request and still make it unattractive.
Those EU bods must be wringing their hands and scratching their heads now LOL
 

I7guy

macrumors Nehalem
Nov 30, 2013
34,313
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Gotta be in it to win it
Backwards logic? Did you not say: Apple retains control they keep apps that aid crime, terrorism, drug and human trafficking and what not out of the App Store.

But also you are ignoring the iMessage app and iOS security is the biggest contributor to the exact same thing you just listed. But I assume you just like me like privacy and security and aren’t willing to sacrifice that privacy. Or are you willing to sacrifice it as well on the alter for Apple can do no wrong?

And absolutely love the new security features
And you probably remember when Apple said they were going to launch CSAM on device scanning. And how heavily criticized it was for compromising privacy?
And lucky for us Apple did realize that and now uses the same arguments against it that they previously dismissed against the Australian government.

I value privacy, security AND freedom
I think you are engaging in circular reasoning.
 
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I7guy

macrumors Nehalem
Nov 30, 2013
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Gotta be in it to win it
Courts make judgments based on laws. But they don't create the laws. Now you're engaging in "circular thinking" 😂.
Yes, I understand. It still seems like it’s being argued that some laws were enacted with some language without an actual “guilty”. Much like what they used to call “kangaroo courts”.
 
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Sophisticatednut

macrumors 68020
May 2, 2021
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i just yawn at the crap interpretations i read on here.

they dont care about consumers at all. or competition.

it's all lobbying an money.
if I was Apple I'd pull out and see if they survive the wrath of voters. ;)
the old guillotines might come out of storage...

but there are very few on here who seem to care.
Apple are god at being clever and meeting requirements if not intent. much better than most petty officials...
Haha, my bet is they will fall on the finish line as everyone else did when they get to learn how Teleological interpretation of Law works alongside comparative law interpretation. Both heavily favored by the ECJ. 😎

Teleological interpretation requires that legislative provisions be interpreted to advance their purpose in light of constitutional values. The interpretation that best advances constitutional values must be preferred.

And I would love to se Apple try and pullout expecting concessions as they give up the entire market to rivals as people move on 😂, do you honestly think if the violent protests in France, Germany or Sweden don’t sway politicians, you think Apple user will?

Politicians here don’t care that much about winning as the USA, they are very often crazy ideologies who refuse to abandon principles and end up in coalition governments anyway. Parties have hold strong to their values even when half the voters abandons them😂

I would say it’s extremely obvious they care about the market and competition, as the 30 years of antitrust cases show. And lobbying is not that easy to do, you have 3 bodies you must lobby. One that writes laws who aren’t politicians and two others who are politicians and can change the legislation divided among a 100~ independent parties or so.
 

Hails09

macrumors 6502
Apr 22, 2022
361
378
Apple Music was available at least 6 months before Spotify pull app purchases.

I thought the EU was all about competition and consumers getting better prices?
Oh it was the 30% (which Spotify forgot to tell everyone is 15% after the first year) which is "unfair"?
Ever heard of retail and ow much they charge to put things on shelves, or better shelves or take on spec and set their own prices and return? It's commerce whether it's digital or real world.

Spotify has an ad version to offset all the Free accounts that Apple gets nothing for at all...
Again there was no issue with in app purchase until Apple Music launched & then things changed.
It is about better prices that’s why Spotify want to offer promotions on iOS app but aren’t allowed
 

webkit

macrumors 68030
Jan 14, 2021
2,918
2,527
United States
Apple has been forced to change things because of a deadline and threats. so much for free and open competition...

Apple has changed things in order to comply with the regulations. In this case, the regulations are meant to prevent dominant companies from engaging in anticompeititve behavior and wield too much power, control, influence, etc. in particular markets.



Yet Apple are whiley enough to change things to meet the request and still make it unattractive.
Those EU bods must be wringing their hands and scratching their heads now LOL

More like Apple is wealthy enough to maintain large legal teams to try to push the envelope, exploit potential loopholes, etc.
 
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webkit

macrumors 68030
Jan 14, 2021
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United States
Still no court finding. Somebody woke up and said: “today is the day we declare apple anticompetitive”.

There wouldn’t necessarily be a “court finding” if a company changes its behavior and complies with the law as is largely the case with Apple in the EU market. Not every "violation" ends up in a court trial.
 

I7guy

macrumors Nehalem
Nov 30, 2013
34,313
24,050
Gotta be in it to win it
There wouldn’t necessarily be a “court finding” if a company changes its behavior and complies with the law as is largely the case with Apple in the EU market. Not every "violation" ends up in a court trial.
What law prior to the DMA are we discussing? And where was a finding apple wasn’t in compliance with this law?
 
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Sophisticatednut

macrumors 68020
May 2, 2021
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What law prior to the DMA are we discussing? And where was a finding apple wasn’t in compliance with this law?
Literally from 1960s. European competition law today derives mostly from articles 101 to 109 of the Treaty on the Functioning of the European Union (TFEU), as well as a series of Regulations and Directives. Four main policy areas include:
  • Cartels, or control of collusion and other anti-competitive practices, under article 101 TFEU.
  • Market dominance, or preventing the abuse of firms' dominant market positions under article 102 TFEU.
  • Mergers, control of proposed mergers, acquisitions and joint ventures involving companies that have a certain, defined amount of turnover in the EU, according to the European Union merger law.
  • State aid, control of direct and indirect aid given by Member States of the European Union to companies under TFEU article 107.
Primary authority for applying competition law within the European Union rests with European Commission and its Directorate General for Competition…

This has been the case since the beginning. And the DMA build on the jurisprudence that developed from them
 
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I7guy

macrumors Nehalem
Nov 30, 2013
34,313
24,050
Gotta be in it to win it
Literally from 1960s. European competition law today derives mostly from articles 101 to 109 of the Treaty on the Functioning of the European Union (TFEU), as well as a series of Regulations and Directives. Four main policy areas include:

Primary authority for applying competition law within the European Union rests with European Commission and its Directorate General for Competition…

This has been the case since the beginning. And the DMA build on the jurisprudence that developed from them
I understand, there really is no direct finding. Just some vague guidelines, as in the US ( but that went poof) that were applied.
 
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webkit

macrumors 68030
Jan 14, 2021
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What law prior to the DMA are we discussing?

Common antitrust laws that have been around for ages which prohibit unfair or anticompetitive business practices of major players that can stifle competition. Apple has been engaging in anticompetitive behavior by restricting sideloading and alternative app stores in a major segment of the mobile OS market and in doing so is stifling app access competition.



And where was a finding apple wasn’t in compliance with this law?

If Apple was in compliance with the law, they wouldn't have made appeals and ultimately changed some of their "behavior" in the EU market.
 
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