The European Commission’s proposed interoperability measures place Apple under a form of guardianship

What’s the European Commission to do when one of the largest corporations in the world has not only been breaking its laws continually, but also absolutely refuses to comply, uses poison pills in its malicious compliance, badmouths you in the press through both official – and unofficial – employees? Well, you start telling that corporation exactly what it needs to do to comply, down to the most minute implementation details, and in the process take away any form of wiggle room.

Steven Troughton-Smith, an absolute wizard when it comes to the inner workings of Apple’s various platforms and allround awesome person, dove into the European Commission’s proposed next steps when it comes to dealing with Apple’s refusal to comply with EU law – the Digital Markets Act, in particular – and it’s crystal-clear that the EC is taking absolutely no prisoners. They’re not only telling Apple exactly what kind of interoperability measures it must take, down to the API level, but they’re also explicitly prohibiting Apple from playing games through complex contracts and nebulous terms to try and make interoperability a massive burden.

As an example of just how detailed the EC is getting with Apple, here’s what the company needs to do to make AirDrop interoperable:

Apple shall provide a protocol specification that gives third parties all information required to integrate, access, and control the AirDrop protocol within an application or service (including as part of the operating system) running on a third-party connected physical device in order to allow these applications and services to send files to, and receive files from, an iOS device.

↫ European Commission

In addition, Apple must make any new features or changes to AirDrop available to third parties at the same time as it releases them:

For future functionalities of or updates to the AirDrop feature, Apple shall make them available to third parties no later than at the time they are made available to any Apple connected physical device.

↫ European Commission

These specific quotes only cover AirDrop, but similar demands are made about things like AirPlay, the easy pairing process currently reserved for Apple’s own accessories, and so on. I highly suggest reading the source document, or at the very least the excellent summary thread by Steven, to get an even better idea of what the EC is demanding here. The changes must be made in the next major version of iOS, or at the very latest before the end of 2025. The EC really goes into excruciating detail about how Apple is supposed to implement these interoperability features, and leaves very little to no wiggle room for Apple shenanigans.

The EC is also clearly fed up with Apple’s malicious compliance and other tactics to violate the spirit of the DMA:

Apple shall not impose any restrictions on the type or use case of the software application and connected physical device that can access or makeuse of the features listed in this Document.

Apple shall not undermine effective interoperability with the 11 features set out in this Document by behaviour of a technical nature. In particular, Apple shall actively take all the necessary actions to allow effective interoperability with these features.

[…]

Apple shall not impose any contractual or commercial restrictions that would be opaque, unfair, unreasonable, or discriminatory towards third parties or otherwise defeat the purpose of enabling effective interoperability. In particular, Apple shall not restrict business users, directly or indirectly, to make use of any interoperability solution in their existing apps via an automatic update.

↫ European Commission

What I find most interesting about all of this is that it could have been so easily avoided by Apple. Had Apple approached the EU and the DMA with the same kind of respect, grace, and love Apple and Tim Cook clearly reserve for totalitarian dictatorships like China, Apple could’ve enabled interoperability in such a way that it would still align with most of Apple’s interests. They would’ve avoided the endless stream of negative press this fruitless “fight” with the EU is generating, and it would’ve barely impacted Apple’s bottom line. Put it on one of those Apple microsites that capture your scrolling, boast about how amazing Apple is and how much they love interoperability, and it most likely would’ve been a massive PR win.

Instead, under the mistaken impression that this is a business negotiation, Apple tried to cry, whine, throw tamper tantrums, and just generally act like horrible spoiled brats just because someone far, far more powerful than they are told them “no” for once. Now they’ve effectively been placed under guardianship, and have to do exactly as the European Commission tells them to, down to the API level, without any freedom to make their own choices.

The good thing is that the EC’s journey to make iOS a better and more capable operating system continues. We all benefit.

Well, us EU citizens, anyway.

7 Comments

  1. 2024-12-19 7:50 pm
    • 2024-12-20 10:13 am
      • 2024-12-20 10:39 am
  2. 2024-12-20 2:41 am
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    • 2024-12-20 8:19 am
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