Comment by CharlesW
8 months ago
> The fact that they retain the technical capability to deplatform apps outside their app store is a violation of the DMA.
Not in general, and courts would have to decide whether it's a violation in this specific case. The DMA doesn't force Apple to platform apps used primarily for piracy, it just requires that they be able to justify restrictions and keep them as narrow as possible. De-platforming a specific app is about as narrow as it gets.
Also, it's arguable that the DSA (Digital Services Act), which is just as applicable, actually compels Apple to de-platform this app. The DMA is a competition law, and allowing an app whose primary purpose is distribution of infringing content undermines fair competition among legitimate content providers.
> it just requires that they be able to justify restrictions and keep them as narrow as possible
But they haven't provided a justification for this. The least you'd expect would be a "this app violates notarization guideline x.x.x". They might have to edit the CSS on their website a little (add the .lighter-override class) but after that they could just cite 5.2.3 [1].
[1] https://developer.apple.com/app-store/review/guidelines/#leg...
To add:
> it's arguable that the DSA (Digital Services Act), which is just as applicable, actually compels Apple to de-platform this app
I'll assume this is completely bogus, unless you elaborate.
Also, the text of the DMA confirms that they can only restrict apps outside of the App Store if they endanger the integrity of the OS, not for any other reason. Not even for "enabling IP infringement" (which browsers would also be guilty of).
The EU does seem to take violations of the DMA seriously, and this is unambiguously a violation.
> I'll assume this is completely bogus, unless you elaborate.
IANAL, but here's the bit where I explained this: "…allowing an app whose primary purpose is distribution of infringing content undermines fair competition among legitimate content providers."
To elaborate on that a bit more: Apple is a DSA-designated VLOP. Articles 34–35 obligate them to respond to risks on its platform (like apps used primarily for piracy) with proportionate mitigation. That's why EU courts (if they're ever involved) will find that blocking iTorrent is unambiguously a lawful and proportionate response according to the DSA.
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Yes in general. The whole entire premise of the DMA is that gatekeepers should have their power to meddle with competitors taken away.
Article 6(4).
> The gatekeeper shall allow and technically enable the installation and effective use of third-party software applications or software application stores using, or interoperating with, its operating system and allow those software applications or software application stores to be accessed by means other than the relevant core platform services of that gatekeeper.
By requiring notarization, Apple requires users and developers to use their core platform services in order to access 3rd party apps.