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Apple has a helpful website that explains that. Here's a screenshot.
It evidently gives developers all the tools, resources and access to Apple’s IP needed to develop, build and distribute their apps. For a fee.

Including the ability to monetise their creations and services provided. It’s only when they sell through Apple that Apple charges a commission.
Note, I don't see "license to use Apple's Intellectual Property" listed as a benefit.
What „intellectual proerty“ do you mean specifically?

But of course not. Neither does the EU and its DMA mandate them to give that away or provide access/licensing to it (except in certain defined circumstances). Apple can charge for their IP, with only limited, defined restrictions.
Apple has determined that they license their apps for free as long as the app doesn't charge to download the app, has an in-app subscription, or charges for digital goods and services. Again, perfectly within their rights to do so.
Apple, as IP owner, gets to decide how it charges for its IP. If Apple has decided that free apps get a license for free, then they are 100% in their right to do that.
Absolutely.

With the main limitation now imposed by the DMA on that/them being that they can’t use their control of the operating system their operating system to monopolise such transactions for digital goods/services (including marketing to consumers).
I don't have to like it, you don't have to like it. As @Abazigal noted in his quote above, Ben Thompson would prefer they give it away for apps that don't use the App Store. But Thompson agrees that it is their right to decide how they charge for it. If developers don't like it, no one is forcing them to sell to iOS customers.
And that’s where the DMA slightly restricts their right and decisions. Apple doesn’t have to like it, and neither you or I. If Apple don’t like it, no one is forcing them to sell to European customers.

The DMA imposes certain specific restrictions and provides certain specific rights to third parties - but it does not broadly force Apple to give away their IP for free.
 
Unlike life's necessities that can actually kill you if you couldn't get them, an iphone is not in that list
Neither is electric power or telecommunications/internet necessary to survive.
Yet they are both regulated markets.
Some supermarkets charge $10000 in slotting fees to sell their products. Is that highly taxed or do providers of a service earn the right to set the price. Don't like the price then move on.
Mobile operating systems and their app stores aren’t supermarkets.
They don‘t have the same monopoly (note: monopoly power does not require a strict „all of the market“ share in legal usage - since that gets ignored to often here) nor do they present the same market entry barriers.

While you prefer to have profit-seeking billion dollar companies regulated up the wazoo.
When they‘re operating in basically a rent-seeking monopoly for a vast number of businesses, yes I do.
Apple has granted exemptions. You may not like it, but it’s not your business. You can charge what you want in your own business.
…within the confines of the law.
The DMA clearly limits that right in a sensible way.
Apple is not required to treat every customer identically.
…unless the law says so, e.g. requires fair access conditions.

„Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper“
 
Neither is electric power or telecommunications/internet necessary to survive.
Yet they are both regulated markets.
Electric and telecom is regulated because electric can kill you and it is by nature monopolistic with an almost impossible barrier of entry. Telecommunications, bank info, pharm, food, waste all regulated for good reason. NFC chips and app stores not so much and shouldn’t be other than for existing laws. App stores the barrier to entry is far lower then water and electric.
Mobile operating systems and their app stores aren’t supermarkets.
They are digital warehouses.
They don‘t have the same monopoly (note: monopoly power does not require a strict „all of the market“ share in legal usage - since that gets ignored to often here) nor do they present the same market entry barriers.
App stores are not a monopoly either. It’s just the way the definition is twisted.
When they‘re operating in basically a rent-seeking monopoly for a vast number of businesses, yes I do.
Rent seeking is appropriate in almost every for profit business.
…within the confines of the law.
The DMA clearly limits that right in a sensible way.
The dam is not sensible in any way.
…unless the law says so, e.g. requires fair access conditions.
We’re not discussing protected categories. Most business have top tier customers.
„Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper“
Just another thread the needle part of the dma which transfers power from apple to big business.
 
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We will see if Ben Thompson's predictions come true in time or not.

Some of his points are reasonable enough. This is absolute nonsense though..

Apple and Meta will probably stay in the E.U. because they’re already there; it seems increasingly foolish for newer companies to ever even bother entering. That, more than anything, is why Apple and Meta and the other big tech companies won’t face competition even as they are forced to weaken their product offerings.

New companies will want to enter for the same reason Apple and Meta won't leave, the addressable market is huge and they can't afford to leave that money on the table.
 
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Some of his points are reasonable enough. This is absolute nonsense though..



New companies will want to enter for the same reason Apple and Meta won't leave, the addressable market is huge and they can't afford to leave that money on the table.
If the potential fines are larger than the amount of revenue they earn in the EU, then actually they may a fiduciary duty to leave money on the table if they think their product or service might run afoul of the DMA or similar regulations.
 
If the potential fines are larger than the amount of revenue they earn in the EU, then actually they may a fiduciary duty to leave money on the table if they think their product or service might run afoul of the DMA or similar regulations.
Then they should stop viewing fines as part of doing business. Fines are meant to discourage and stop activities.

The money on the table will stay on the table as long as they don’t act irrationally and childish
 
Then they should stop viewing fines as part of doing business. Fines are meant to discourage and stop activities.

The money on the table will stay on the table as long as they don’t act irrationally and childish
If they can’t do business the way they want they should view the eu as a hostile corporate environment and leave money on the table.
 
If they can’t do business the way they want they should view the eu as a hostile corporate environment and leave money on the table.
That’s 100% of markets. None allow a businesses from earning money how they wish.

But if that’s their belief they should do so and leave the market to be exploited by rivals who want their market share.
 
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If the potential fines are larger than the amount of revenue they earn in the EU, then actually they may a fiduciary duty to leave money on the table if they think their product or service might run afoul of the DMA or similar regulations.
You first have to get big enough to be subject to the DMA. Until then, you don't even have to worry about it. If I was the founder of a tech company, I would be happy to have this problem 😆.
 
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Electric and telecom is regulated because electric can kill you and it is by nature monopolistic with an almost impossible barrier of entry.
Telecommunications don‘t kill people. And they’re regulated for much more than just safety - namely also for pricing and antitrust reasons. Mobile operating systems also have very high barriers to entry.
They are digital warehouses.
Yes - and warehouse that divide almost all of the market in consumer products in a duopoly are likely to be regulated.
Rent seeking is appropriate in almost every for profit business.
And economists largely agree that it‘s bad for the economy if left unregulated.
App stores are not a monopoly either
Apple‘s App Store certainly is or was one on iOS - whereas iOS is a substantial sub-market of consumers that have barriers to switching.

Just another thread the needle part of the dma which transfers power from apple to big business.
No - it transfers some power to a large variety of business users (developers).
 
Most provide evidence when they claim any IP is being stolen.
The dma is the evidences
Do you have access to a public list of this IP?
The dma is giving apples ip away.
Currently no IP is made public.
The dmanisnmaking apples ip available for free.
And as with both EU and U.S. rules the APIs are quite on quote ” fair use” and free to be used.
The remainder aren’t though.
 
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No. Steals apples ip.
Do you have any proof?

Apples IP is already payed for though the developer fee and when end users purchase the phone as it comes with a license to use the software as you love to refer to.

Can you provide any actual evidence that any of apples IP that is being distributed isn’t:

1: payed for already
2: actually a copyrighted IP
3: Falls under fair use doctrine
 
Telecommunications don‘t kill people. And they’re regulated for much more than just safety - namely also for pricing and antitrust reasons. Mobile operating systems also have very high barriers to entry.
Telecommunications is regulated because of the scare nature of the resources and the expense of acquiring said resources.
Yes - and warehouse that divide almost all of the market in consumer products in a duopoly are likely to be regulated.
Proof.
And economists largely agree that it‘s bad for the economy if left unregulated.
Economists don’t ratify legislation.
Apple‘s App Store certainly is or was one on iOS - whereas iOS is a substantial sub-market of consumers that have barriers to switching.
Disagree.
No - it transfers some power to a large variety of business users (developers).
Disagree.
 
The dma is the evidences

The dma is giving apples ip away.

The dmanisnmaking apples ip available for free.

The remainder aren’t though.
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Do you have any proof?
No proof needed.
Apples IP is already payed for though the developer fee and when end users purchase the phone as it comes with a license to use the software as you love to refer to.
Opening up the iOS app store is the proof.
Can you provide any actual evidence that any of apples IP that is being distributed isn’t:
Opening up the app store for free is proof.
1: payed for already
2: actually a copyrighted IP
3: Falls under fair use doctrine
Fair use?
 
No proof needed.
Oh so we can discard the claim a false then.
Opening up the iOS app store is the proof.

Opening up the app store for free is proof.
The App Store remains closed.

Installing apps with alternative app stores doesn’t require the AppStore. That’s completely apples choice tie them together when it’s not needed.
Fair use?
In April 2021, the Supreme Court ruled in a 6–2 decision that Google's use of the Java APIs served an organizing function and fell within the four factors of fair use, bypassing the question on the copyrightability of the APIs.

And using the same criteria we find that apps using apples API are well within fair use.
 
Oh so we can discard the claim a false then.
The claim is the dma.
The App Store remains closed.

Installing apps with alternative app stores doesn’t require the AppStore. That’s completely apples choice tie them together when it’s not needed.
The entire making the App Store free is proof.
In April 2021, the Supreme Court ruled in a 6–2 decision that Google's use of the Java APIs served an organizing function and fell within the four factors of fair use, bypassing the question on the copyrightability of the APIs.
That has nothing to do with the iOS App Store.
And using the same criteria we find that apps using apples API are well within fair use.
They still have to pay to be on iPhones.
 
Most provide evidence when they claim any IP is being stolen.

Do you have access to a public list of this IP?

Currently no IP is made public. And as with both EU and U.S. rules the APIs are quite on quote ” fair use” and free to be used.
I will put it this way.

Do you think companies like Nintendo and Sony would be happy if a ruling was passed forcing them to open up their console platforms to third party app stores like Epic or steam? Do you think they would welcome the idea of sales revenue cratering as consumers utilise the option to purchase games from sources that they are not able to receive a cut from?

In my opinion, there simply is no question that iOS is Apple’s individual property, and if they wish to charge for it, they have every right to. To insist otherwise would essentially entail taking Apple's property and nationalising it in all but name (while still demanding that Apple continue to take care of it while also footing the bill for doing so).

Benefiting developers is one thing, but developers forget what things were like in the early 2000s. Nobody downloaded apps, which was how web apps even became a thing in the first place. Everyone was scared of malware and the prospect of downloading viruses and getting scammed. Apple recreated a market that had ceased to exist (or perhaps never existed to begin with) via the App Store. And Apple did so with their promises of convenience and safety and security and ease of refunds and Apple has by and large delivered on them.

And in this regard, while it's arguable that it was a win-win situation where Apple owes developers just as much for adding value to the iPhone, I feel that developers owe Apple even more because without Apple (and the iOS App Store), they would probably still be developing JAR applications for Nokia phones, or maybe not be in this industry altogether.

Maybe Apple got "out of line" by very publicly and very indignantly admitting their stance on the whole issue, and it feels more of taking issue with how Apple said it, not what was actually said (because again, I don't exactly disagree with the gist of it - that developers by and large underrate the extent to which Apple not only created a new market for them, but, critically, conditioned customers to love apps and trust the purchase process, in a way that certainly benefited Apple but also benefited developers).

And what the EU want to do now is to disregard all this history, hardware away everything Apple has done to build up their platform, and make it freely accessible to developers. The EU also seems to want to see a return to the days of Windows circa 1998, where users could install whatever software they want, for better and — very often for the vast majority of people in the world — for worse.

While it's perhaps a bit sad that Apple has chosen to stake its claim to its intellectual property and the right to monetise it (via the CTF) in what may be seen as a publicly ugly manner, I still feel it's Apple's right to, and I would urge developers to accept things as they are and stick with the current status quo. If for nothing else but the greater good.
 
In my opinion, there simply is no question that iOS is Apple’s individual property, and if they wish to charge for it, they have every right to. To insist otherwise would essentially entail taking Apple's property and nationalising it in all but name (while still demanding that Apple continue to take care of it while also footing the bill for doing so).
Once an iPhone has been sold, the new owner has pretty extensive rights to use it and even can resell the license that was originally granted by Apple. It's called the "First-sale doctrine" and is backed by decisions of the highest courts in the EU. When I buy two pieces of software, one operating system and then a third party app, I don't think there is a way for Apple to prohibit me contractually from running that software on my hardware, even if it's using Apple's on device APIs. I could not take Apple's libraries, change them, and then try to sell them as my own. That would most certainly be an infringement of Apple's copyright. But that is not what would be happening with third party apps just linking to the libraries of the OS.

In conclusion, I would humbly suggest (remember IANAL), that third-party app distribution has nothing to do with intellectual property and is perfectly legal.

I also don't understand how a regular user would support your interpretation of the law. It's completely against your interest and would prevent you from using many devices in your household. The idea of a smart home would for example completely collapse, because every vendor would demand payment for using their APIs.
 
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Once an iPhone has been sold, the new owner has pretty extensive rights to use it and even can resell the license that was originally granted by Apple. It's called the "First-sale doctrine" and is backed by decisions of the highest courts in the EU. When I buy two pieces of software, one operating system and then a third party app, I don't think there is a way for Apple to prohibit me contractually from running that software on my hardware, even if it's using Apple's on device APIs. I could not take Apple's libraries, change them, and then try to sell them as my own. That would most certainly be an infringement of Apple's copyright. But that is not what would be happening with third party apps just linking to the libraries of the OS.

In conclusion, I would humbly suggest (remember IANAL), that third-party app distribution has nothing to do with intellectual property and is perfectly legal.

I also don't understand how a regular user would support your interpretation of the law. It's completely against your interest and would prevent you from using many devices in your household. The idea of a smart home would for example completely collapse, because every vendor would demand payment for using their APIs.

How do you explain game consoles then? Everything that has transpired up to this point seems to hinge on the assertion that iOS devices are closer to PCs than game consoles, and therefore ought to minic the former more (in terms of “openness” and “public good”). That is certainly debatable, not a foregone conclusion, as I can also argue that it is not in the interest of the general public that their mobile devices be able to to download software (especially malware) too freely or easily.

Apple can’t stop you from running your own software on their devices (see jailbreaking), but they are under no obligation to support it or make it easy for the end user (see the numerous patches which have subsequently broken jailbreaking).

Whether this interpretation is in my interests or not is besides the point. I am simply calling it as I see it. Good or bad, desirable or otherwise, it’s all irrelevant to me as far as this discussion is concerned. All that matters is who is proven right (and wrong) ultimately.
 
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How do you explain game consoles then?
What do you want me to explain about consoles? They are not subject to the law.

I was just responding to the claim that somehow Apple's IP is given away because of the DMA. I objected to this, explaining that IP is likely not involved, based on the current understanding of laws regarding the First sale doctrine.

The DMA is only prohibiting some business practices not giving away Apple's IP.
 
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