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DMA: Litigation against Apple

The FSFE is intervening for Free Software in a key court case involving Apple and the European Commission. Apple is trying to avoid obligations derived from the Digital Markets Act (DMA). The FSFE seeks to hold Apple accountable under the DMA in a developer-friendly way.

Illustration of an apple with a worm inside it
Cutting out the rot in Apple. Graphic by Rahak for the FSFE, CC-BY-SA 4.0

Apple’s unbalanced power is a threat to Free Software

Apple is one of the largest tech companies in the world. Its unbalanced power spans key aspects of software and devices, profoundly distorting digital markets. Apple’s dominance negatively affects not only competition with and among other companies, but software freedom, open internet and ultimately digital democracy.

The Digital Markets Act (DMA) is the European Union’s regulatory response to such corporate power. The law applies to very large companies exercising “gatekeeper control” in the EU. The DMA imposes on such companies several obligations, like allowing the right to install and uninstall software in devices, prohibition of non-removable pre-installed software, enabling third-party app stores and access rights via interoperability with software and hardware functions.

In September 2023, the European Commission designated Apple as a “gatekeeper” under the DMA. With that, the law began to apply to Apple’s operating system, app store and browser. However, Apple has taken an aggressive position against the DMA, starting litigation against the European Commission in November 2023.

Due to the high risks against Software Freedom involved in this case, in February 2024, the FSFE decided to intervene to hold Apple accountable under the DMA in a developer-friendly way. Dr. Martin Husovec, a lawyer with extensive experience in strategic litigation for non-profits, is representing the FSFE before the court.

“Becoming an intervener in this case is crucial as the FSFE is representing the civil society perspective, which enriches the judicial proceedings. This allows the court to make fully informed decisions”says Dr. Martin Husovec, the lawyer representing FSFE in the court.
Barriers against software freedom and vendor lock-in are constant hurdles faced by developers and users interacting with Apple

Safeguarding the interests of Free Software developers and users

Apple, in this case (T-1080/23), is trying to dodge the DMA rules over its app store and interoperability of its operating system. The company’s narrow interpretation of the DMA frames these obligations as disproportionate in relation to its commercial and economic interests.

The FSFE is countering this position by proving that Apple is being regulated in the light of public interest. We assert that Apple should compete on trustworthiness. Developers and users should benefit from alternative services and products, not just those offered by Apple. For reasons of fair competition, cybersecurity and consumer protection, we urge that the case be dismissed completely.

Here is how your rights will be affected by this litigation if the FSFE is successful:

As a developer:

  • Access rights: Software developers will enjoy less restrictive barriers to access and be able to distribute their software in environments controlled by Apple;
  • More software freedom: Software developers will be able to demand that Apple allow installation of third party apps (side-loading), the use of third party app stores and the uninstallation of pre-installed software in devices;
  • Better interoperability policies: Software developers will be able to demand effective and free-of-charge interoperability between their software and Apple’s software and hardware controlled by Apple’s operating system.

As an user:

  • Enhanced freedom of choice: Users will enjoy more freedom of choice regarding software on Apple devices. Users will benefit from more competition and offers from third-party providers, including alternative app stores, features and solutions.
Read our court submission
Apple may have more billions of dollars than FSFE has balloons. However, such concentrated power should not intimidate us from defending Software Freedom!
This case is a pivotal moment in the struggle for Software Freedom. Apple has billions of dollars to hinder proper implementation of the DMA. We say no to restricting the rights and freedoms of Free Software developers and users! We are the only civil society organisation taking action in this case. Our victory depends on your financial support. We face this risky challenge with courage and determination. Donate to our cause today!

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Timeline of the case

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