Defending DMA against Apple: The FSFE signs joint position paper
Together with nine stakeholders organisations, the FSFE has
submitted a joint position paper to the European Commission, with whom
we are working on the implementation of the Digital Markets Act. This
paper, supported by legal and data-backed arguments, addresses Apple’s
non-compliance with the law, particularly concerning software freedom,
alternative Free Software app stores and interoperability
obligations.
CC-BY-NC-SA by
Rahak for
FSFE. Limitations to Free Software, vendor
lock-in, and lack of control over personal data are current hurdles
faced by end-users in digital markets
The Digital Markets Act (DMA) regulates large tech companies in the
EU, setting the main rules for designating gatekeepers and enforcing
their obligations. As a designated “gatekeeper”, Apple was required to
present a strategy for complying with the DMA. Since March 2024, the
European Commission (EC) has been investigating it for
non-compliance.
Following a series of interventions, in order to assist the DMA
enforcement procedure, the
FSFE is signed a joint position to the EC,
highlighting the main problematic aspects of Apple in relation to Free
Software.
As far as the FSFE is concerned, the main points relate to:
- Software freedom: By blocking side-loading of apps and the
unfettered installation of alternative app stores, Apple is violating
Art.6(4). Concretely, paragraph 4 obliges the gatekeeper to provide
users with the possibility to easily install apps from other sources
than the gatekeeper’s own software application store. Recital (41)
clarifies that the gatekeeper is prohibited from undermining or
restricting that possibility in any way.
- Vendor lock-in vs interoperability: By hampering effective
interoperability with of hardware functions, the company is violating
Art. 6(7). Apple has introduced an opaque and non-accountable system to
grant interoperability that impedes Free Software projects to
effectively access hardware and software functions of devices. The DMA
prescribes the opposite: interoperability should be granted free of
charge and effectively, so third parties can enjoy the same privileged
access to hardware and software as the gatekeepers.
The FSFE welcomes the EC’s efforts in
finding Apple to be in breach
of the law. However, this is only the first step in a regulatory
process aimed at reducing the company’s monopolistic control over
devices.
Apple threatens Free Software – please help protecting software freedom!
The DMA includes several provisions directly impacting Free
Software. It mandates “gatekeepers” to allow installing of software
(sideloading), to enable alternative app stores and repositories to be
used in devices, and several interoperability obligations, allowing
third party developers to access the same hardware functions as the
gatekeepers.
Apple’s unfair behaviour against Free Software highlights the
critical need to monitor the implementation of the DMA. The FSFE
collaborated with F-Droid, the AppFair project, and other
interoperability experts to scrutinize Apple’s DMA compliance, and it’s
impact on Free Software. Since then, we coordinated several expert
workshops with stakeholders, discussed with regulators in
FOSDEM, had
official
meetings with the EC’s DMA team, and submitted a comprehensive
position to the EC detailing several problematic elements in the Apple
compliance that will harm the Free Software.
Free Software is key for a democratic society and we should not
allow gatekeepers to threaten our rights and freedoms. Apple has a huge
revenue from blocking Free Software on iOS, and has dedicated a lot of
resources to interpret the DMA as it deems fit. For instance, Apple
publicly stated that iPhones and iPads are not general purpose
computers, and users are not allowed to run the software they want.
Holding companies like Apple accountable under
the DMA is a complicated, time-consuming and resource-intensive
activity. It can even be a dangerous one as the risk of retaliation is
real. We face it with courage and determination. If you are not yet an
FSFE supporter, please
join our cause today.
Defending Free Software against large corporations takes a long
time, maybe more than a decade.Our long-term commitment includes
engaging with Free Software communities across Europe, conducting
research and analysis for legal and policy positions, participating in
official hearings, and we are getting prepared to be involved in
strategic litigation.
Inflation is hitting everyone, especially
organizations like ours that rely on individual donations. Your regular
support is vital to help us continue standing up to those who seek to
circumvent the law and undermine our freedoms.
Donate now
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