Comment by madeofpalk
4 days ago
I think the preliminary findings make this pretty clear. Read it straight from the Commission, rather than blog spam https://ec.europa.eu/commission/presscorner/detail/en/ip_25_...
The people of EU decided it will be law that Apple must allow for alternate app distribution means - you must be able to side load and/or install alternate app marketplaces. That is the law, like how other countries have different laws for parental leave, for example.
The EU regulators have found that Apple has not complied with this law because it makes using alternate app marketplaces purposefully unattractive and burdonsome for both developers and users. EU is clamping down on Apple's 'malicious compliance'.
It's not malicious compliance. If you want to distribute binaries which contain Apple intellectual property, you need a license, and the EU is not in a position to force Apple to abandon their intellectual property rights.
I am a hard-core fan of the GPL and I recognise that the GPL license requires intellectual property rights in order to work. You want copyleft worth a damn? You need copyright. And that means you get copyright. Apple has intellectual property rights over their software and that doesn't give anyone else the right to "do whatever they want" with it.
If you want to cancel all intellectual property rights with respect to software, that's an interesting argument to make. But cancelling it under a few rare circumstances when some software irritates you seems like the height of absurdity.
Ignoring at first whether limiting distribution license terms actually relates to abandoning IP rights outright, the local government is the one who defines what rights businesses operating in their jurisdiction have. This, however, does not actually give the EU the ability to force Apple to do anything, as you insist. Apple is able pull out of the market if they feel the market's regulations are too heavy handed, at which point they no longer need to comply with local law. What the foreign company would like to enforce only layers on under the restrictions of local law, not above it.
As for IP license rights over all other law, I think most people are in alignment with a circumstance basis (or, more succinctly, "local law has priority" basis). E.g. most are indeed happy to declare a software license claiming women are not allowed to distribute the software is invalid in the jurisdiction - a company's "IP rights" be damned over a person's human rights, as an example.