Well here it is. You are free to remove DRM on software
Sure you can, if you are able to. However, you still don't own the song.
Sure, but it’s not the consumers job to procure the contract. The party who is responsible for the sale needs to supply the necessary documents and approval at point of sale.
I'm sure documents can be printed up and presented at any Apple Store upon demand. You don't need to open the box to figure out if you agree with it or not. And what is stopping anyone from going online and reading it before purchase? No personal responsibility in the EU? Why would it be at point of sale? Never-mind. Just note I disagree with this method.
well no, you can purchase let’s say 10.000 iPhones but you will be treated as a business establishment.
Ok, which I'm assuming you're then able to do with the product as you see fit. Resell it for profit, and everything is perfectly fine?
The fundamental difference between ‘implied licence’ that is used in UK and exists in USA and ‘exhaustion of the rights’ is that in the former, there is no exhaustion of the iprs but with the distribution of the physical product, the iprs embedded is also licensed to the buyer unless such implied license is expressly barred through contract. In the case of the latter, the effect is rather automatic as soon as the iprs embedded product is put into any distribution channel, i.e. the right to enforce the iprs is exhausted irrespective of any contractual bindings.
The only possible difference between the doctrines of ‘
first sale’ in the USA and ‘
exhaustion’ in EU is that while the former is controlled by laws of contract for sale while the latter establishes out-right exhaustion without any possibility of opt-out.
And this has been the case for decades.
Just as we had a case with big impact
https://curia.europa.eu/juris/docum...1&doclang=EN&text=&dir=&occ=first&cid=2012237
different strokes for different folks.
Well there was a company that did sell Mac clones and got away with it as they just purchased legitimate OS X on disk.
For a while yes. But they got sued. They are perfectly fine purchasing OS X and using it however they see fit. They get no Apple support and they are not allowed to resell it without express permission from Apple. Now, Apple gives away the OS so long as it is on Mac hardware.
And EU isn’t enforcing it, it means it’s just considered theft or piracy. How does USA enforce DMCA?
As long as you're not stealing, redistributing, rebroadcasting, or otherwise profiting from the original work. You can do with it as you wish. Hack away. You can also freely inform others of the process. But, at no point do you own the product out-right or otherwise after you have "hacked it".
If you download say a movie from a torrent. Your ISP may block you or outright and or stop selling you access to the internet from them if the studios flag your ISP of the transgression. You can get a VPN and hide yourself as best you can to avoid detection. Hence bypassing the rules. Doesn't make it any easier to enforce the rules or make the process "right". It's still considered theft.
It’s not babysitting, just how Mac can install software outside the store, and I can with some trickery(not jailbreaking)install software from outside the iOS AppStore. Apple is actively trying to stop me from doing that.
Yes, they are preventing it as that is not how they intended the product to work. I personally feel they should have the right to do that "since" there are alternatives to the iPhone and iOS. Also, this was not a case of bait and switch. Having had the ability and then taking it away. The difference in my view is between what people believe they own and what they are just consuming. Also, what people feel they are entitled to with these products. What rights they have on a product they didn't make.
The EU is more "people" sided. The US is more business sided. I'd personally be more people sided too, but people make the products in question. And in my view should be able to build it as they see fit within the laws of the time.
There’s only one platform though. To use a car analogy: class 8 trucks( we just call them lastbil), buses, cars and bicycles are all classified as vehicles. They all compete on on the same marketplace. But in actuality it would be comical to argue passenger cars are competing with motorcycles or that bicycles are competing against trucks.
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But, within that range of vehicles you have choices. There are many bikes, cars, buses for any passenger to pick from within their respective budgets. Some of the common parts that make them up are interchangeable with another brands make or model. With iPhone and Android. You can pick whichever you want. Apple provides many choices in price, color, look and feel, and performance. Same as any Android device. They run different operating systems and have different philosophies on how they are designed to work. But, they achieve practically the same ends. Neither exist in a bubble, and they compete against each other in an open market. Not within the same platforms. That would be like Mercedes trying to sell their engine in a Fiat. Or big electronic stores competing with another brands store "within" the same store without permisson. You have your store, I have my store. We can sell similar if not the same products within it for differing prices and levels of service/support. But, we don't compete within the same store.
If a consumer have a car(iPhone) and a truck( Samsung). And the trailer and car have a wide variety of options when it comes to external spare part and accessories(Samsung galaxy s11 and iPhone 11) provided by a variety of companies( cases, screen protectors, cables etc)
But when it comes to the need to do work on the engine(the Operating system) the truck can have the engine replaced(android forks) replacement parts, modifications and accessories for the interior of the vehicle from approved suppliers or brand specific dealers by the different manufacturers(play store, galaxy store, Amazon AppStore etc)
Yes.
But when it comes to the car(iPhone), it’s only through their approved dealers providing services and accessories only from their stores( Apple AppStore). Owners who tries to use unauthorised accessories, or purchase from the companies themselves are threatened with legal actions and actively prevent from doing anything.
Yes, as this is Apple's business model. You (and the EU) may not like it, but they don't exist in a bubble. You can choose as an informed consumer to purchase it or not knowing these things. If Apple was the only game in town (no Android existing). Then we should want Apple to open up. But, it does exist alongside Android with many options from handsets to flavors on the Android OS. All open and usable as any consumer may want it to be. There should be no issue here.
The software and engine of the car (iOS) if it discovers unauthorised access will prevent it from working. You can buy Bluetooth speakers from the store and will work as it has software signatures connected to you, the car and Apple. But if you buy the same speakers outside the store(side loading)will discover it won’t connect or work unless you falsify the signature.
All in the name of security. Again, this is their way. We don't have to agree it's the right way or the only way. But, it's "A" way. And we have the ability to say with our money, we don't like it or we do. And if we do, we buy it. If we don't we can buy another vendors product.
Well I think you should read what the implications are. EU have also a completely different philosophical understanding of what a market entails and what relevant parts are competing.
I'm understanding it. And I don't agree with it. But, that's me. Which is why I say, let them eat cake.
Apple and Samsung phones are competing: as consumers choose to purchase the device they want.
Yes, as it should be.
Google android and Apple iOS aren’t competing: consumers can’t acquire iOS outside the product and neither install android on their iPhones
No sir, they are competing. And the consumer has no entitlement to install either OS to either device. They are different businesses. And should not be forced to be directly compatible with each others hardware. If I made a device the way I wanted it to be, and sold it to the masses. People have the right to purchase it as I intended it to be or not. I shouldn't be forced to "open" it up to any other business if I don't want it to be. I can suffer the consequences of that choice when people stop purchasing my product, or reap the rewards if people do buy it.
Google android and different android fork is competing: both consumers and businesses can acquire android of different forks.
Yes. And this should be enough to satisfy any current laws against Apple. If it was only iOS and only iPhones in existence. Then we can work to open up Apples platform. But there is Android. They do compete, they do have competing philosophies and one is almost completely open, while Apple has a walled garden. Consumers have choice. But, they can't have the right to say "I want Android on iPhone, and I have the right to force Apple to make it work". Or "I have the right to force Apple to allow me to do whatever I want on a device they(Apple) made".
Again, this is my opinion. The EU can have whatever they wish.
Play store and Apple AppStore isn’t competing: as before a consumer can’t access the alternatives store without switching their main device and for a developer the targeted.
No different than leaving one physical store and going across the street to another physical store.
The DMA defines when a large online platform qualifies as a “gatekeeper”. These are digital platforms that provide an important gateway between business users and consumers – whose position can grant them the power to act as a private rule maker, and thus creating a bottleneck in the digital economy and act independently from competition
I don't mind a regulator/regulatory board that monitors such things. So long as it applies to all, and that would include gaming consoles, mobile devices, etc. But the starting point puts Apple in the "you're breaking the rules" right away. So, not a fan of it.
It’s not just about consumer choice, but it’s also about market forces having a fair choice, if Apple still end up having 99.9% of the market that will be completely legal.
Till it isn't.
And
Oh we absolutely need competition within the same platform. The thing you’re missing is that android and iOS aren’t competing or compatible. People don’t purchase android or iOS, but iPhones, Samsung, pixel, Huawei etc
Do you want Apple and Google to sell a device void of software? If I am not mistaken some company makes that too.
I can't put Mac OS on a PC hardware, nor Windows OS on mac M series hardware. I can't fit any car engine in any car frame. And so on. My point is it shouldn't be a requirement. You should be able to build what you want as long as it is within the law to do so. You should not have to "work" with other companies or businesses if you choose not to. Want to build something totally from scratch? Go for it! And if the market decides they like your product, you should reap the rewards of your work. And if they don't, you fail and life goes on.
You get stuck on users, but it’s a mixture of business and user interaction.
These obligations will help to open up possibilities for companies to contest markets and challenge gatekeepers based on the merits of their products and services, giving them more space to innovate.
In America, Cooperations are people.
I simply don't agree that the promise of innovation merits the added security risks of the iPhone.
When a gatekeeper engages in practices, such as favoring their own services or preventing business users of their services from reaching consumers, this can prevent competition, leading to less innovation, lower quality and higher prices.
I haven't seen Apple raise prices on the commission ever. If anything it has gone down.
And it's not like Android doesn't already have these options, and most people don't use it. It's also the most popular OS for mobile phones. So the promise and "can" are already proven invalid. Again, I don't buy this deal.
When a gatekeeper engages in unfair practices, such as imposing unfair access conditions to their app store or preventing installation of applications from other sources, consumers are likely to pay more or are effectively deprived of the benefits that alternative services might have brought.
All of which is solved on Android. And as above, it's not proving to be worth it. Plus by doing so, you eliminate a choice for consumers that want it the way it is on iOS. Having a closed system is a choice when you can also choose an open one.
Web apps aren’t able to do anything of substance on the device and not a viable alternative.
ok.