The FSFE defends interoperability from Apple at the EU’s highest court
Today, on 21 October, the Free Software Foundation Europe participated as an
intervener in the landmark Apple v. European Commission
(T-1080/23) hearing before the Court of Justice of the
European Union. The case will determine whether the Digital Markets Act
can effectively guarantee interoperability, software freedom, and user
choice

The Free Software Foundation Europe (FSFE) participated in the Apple
v. European Commission (T-1080/23) hearing before
the Court of Justice of the European Union. The case could shape the
future of Europe’s digital freedom by determining whether the Digital
Markets Act (DMA) truly delivers on its promise of
interoperability and user choice.
“The Digital Markets Act was designed to give users real choice,
not just in theory, but in practice. If interoperability can be limited
by proprietary restrictions, then the promise of the DMA will remain
unfulfilled. This case is about ensuring that technology serves society,
not the other way around.”, states Lucas Lasota, FSFE Legal
Programme Manager.
Apple’s challenge claims that certain DMA obligations amount to an
“expropriation” of its alleged “intellectual property rights”, the
FSFE’s legal intervention counters that these obligations are not
arbitrary or excessive burdens, but legitimate, proportionate measures
adopted in the public interest to preserve software freedom,
interoperability, and user choice.
“Innovation does not exempt a company from regulation.The FSFE
challenged Apple’s attempt to invalidate a democratically
adopted EU interoperability mandate for operating systems. Given that
Apple’s product is an ecosystem where value is created not only by
Apple, but also by independent external developers and consumers who own
the devices, coercing selected gatekeepers’ products into
interoperability is entirely legitimate and necessary.", stated
Dr. Martin Husovec, the lawyer representing the FSFE at the court
hearing..
The
FSFE’s court hearing statement.
You can learn more about this court case at the FSFE’s
website on the DMA litigation against Apple.
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