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iPhone owners can leave EU for 30 days before they lose third-party app stores

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Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#121

Post by turquoisevar »

dakial1 wrote: post #24

How long before EU ask FAANG to "split or don't make business here anymore"? US won't ever do that because of all the lobbying, but EU might, no?

That’s never gonna happen. Something like that would need to be done under antitrust regulation, such as art. 102 TFEU because the DMA isn’t antitrust regulation and doesn’t have mechanisms to establish such violations.

While 102 TFEU (and in particular the CJEU case law surrounding it) has stacked the deck extremely in favor of the EC, in part due to it being designed and interpreted on the basis of European administrative law traditions, a ban or divestiture will only be imposed by the CJEU in the most extreme cases.

A case even the EC, with the entire deck stacked in their favor, will never be able to make. Edit: Specifically for Apple, the others, depending on who we’re talking about, might be a different story.

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#122

Post by reustle »

lamontcg wrote: post #119

In addition to everything covered above: US company can't imagine someone would take a foreign vacation away from their job for more than 30 days.

Oh they totally can, they just want to make the experience outside of the official App Store as painful as possible.

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#123

Post by paulryanrogers »

paulddraper wrote: post #95
Astraco wrote: post #37

I don't know what they expect with this, but it will end with the EU's shoe up their asses.

I'm the exact opposite of a Apple fanboy, but can you enlighten me with what they are supposed to do here? EU says "you must allow XYZ in our jurisdiction" so Apple allows XYZ in their jurisdiction. Right? --- Tbh, this just seems like unintended consequences of policy. But explain what I'm missing.

Does one cease to be an EU resident or citizen if traveling abroad for more than 30 days?

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#124

Post by privacyking »

eadler wrote: post #55
dylan604 wrote: post #27

Earlier quoted context omitted.

oh that's brilliant. i wonder how detailed Apple's geofence maps are, because by international law, you are absolutely correct in that is how they are considered.

What makes you believe that to be the case? I can't find anything here [0][1] which implies that embassies are foreign soil. I believe, for example, that if, hypothetically, a woman were to give birth in a US embassy they would not become a US citizen. [0] https://legal.un.org/ilc/texts/instruments/english/conventio... [1] https://fam.state.gov/FAM/08FAM/08FAM030101.html#M301_1_3

For some countries, people working in embassies count as being from the originating country for the purposes of determining citizenship by birth

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#125

Post by overstay8930 »

smoldesu wrote: post #89
overstay8930 wrote: post #67

Earlier quoted context omitted.

So instead make it impossible to create an alternative to Apple because now there isn’t a point? Someone could have come in and done everything better than Apple and more open, but now that’s impossible. Who would bother when they could just donate to the nearest EU politician to dictate what software change they want next?

You should lobby your nearest EU politician to stop platform-holders from creating anti-competitive conditions. It damages the market, and requires regular scrutiny to prevent the corporate bean counters from deploying salami tactics. Because guess what? Apple isn't going away, their hardware will continue to be popular, and companies will compete with them regardless. Just because one business tactic has been deemed…

Literally anytime anyone has said "X will exist forever" has just been proven wrong by time, that's how green you sound.

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#126

Post by paulddraper »

paulryanrogers wrote: post #123
paulddraper wrote: post #95

Earlier quoted context omitted.

I'm the exact opposite of a Apple fanboy, but can you enlighten me with what they are supposed to do here? EU says "you must allow XYZ in our jurisdiction" so Apple allows XYZ in their jurisdiction. Right? --- Tbh, this just seems like unintended consequences of policy. But explain what I'm missing.

Does one cease to be an EU resident or citizen if traveling abroad for more than 30 days?

I'm not sure what criteria Apple should be using to adhere to the EU-specific policy

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#127

Post by smoldesu »

overstay8930 wrote: post #125
smoldesu wrote: post #89

Earlier quoted context omitted.

You should lobby your nearest EU politician to stop platform-holders from creating anti-competitive conditions. It damages the market, and requires regular scrutiny to prevent the corporate bean counters from deploying salami tactics. Because guess what? Apple isn't going away, their hardware will continue to be popular, and companies will compete with them regardless. Just because one business tactic has been deemed…

Literally anytime anyone has said "X will exist forever" has just been proven wrong by time, that's how green you sound.

I didn't say they'd exist forever, just that they'd continue being around. Apple could profit $0 for the next decade and have enough cash-on-hand to continue operations for several years. It's not realistic that Apple would cease to exist immediately anyways - that's not how antitrust works.

If Apple dematerializes one day, I give you full permission to intrude on my latest comment and break the good news. There are two champagne bottles I'd like to open and I've been saving them for such an occasion.

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#128

Post by paulddraper »

lamontcg wrote: post #119

In addition to everything covered above: US company can't imagine someone would take a foreign vacation away from their job for more than 30 days.

Or if they do, they won't be able to update after then.

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#129

Post by AnonC »

Apple: “While you are in the EU, you get reduced protections and greater risks due to DMA. Once you are out of the EU, you get the best protections that the Apple App Store offers. No malware. No scamware. No adware. No silly apps with enormously unbelievable weekly subscriptions. No apps that are an exact copy of another. You benefit from our investments and efforts in our legendary and famous app review process. Don’t ask us. Just ask our developers about how great our App Store is.” /s

Seriously though, can Apple claim or pretend that it’s protecting EU residents and that once someone is out, they’re not residents anymore? The 30-day period for something as critical as apps in today’s world is too short though.

Re: iPhone owners can leave EU for 30 days before they lose third-party app stores

#130

Post by jeswin »

paulddraper wrote: post #126
paulryanrogers wrote: post #123

Earlier quoted context omitted.

Does one cease to be an EU resident or citizen if traveling abroad for more than 30 days?

I'm not sure what criteria Apple should be using to adhere to the EU-specific policy

Very simple. Phones bought in the EU should adhere to their laws.
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