Defending DMA against Apple: The FSFE signs joint position paper
Together with nine stakeholders organisations, the FSFE has submitted a joint position paper to the European Commission, with whom we are working on the implementation of the Digital Markets Act. This paper, supported by legal and data-backed arguments, addresses Apple’s non-compliance with the law, particularly concerning software freedom, alternative Free Software app stores and interoperability obligations.
The Digital Markets Act (DMA) regulates large tech companies in the EU, setting the main rules for designating gatekeepers and enforcing their obligations. As a designated “gatekeeper”, Apple was required to present a strategy for complying with the DMA. Since March 2024, the European Commission (EC) has been investigating it for non-compliance.
Following a series of interventions, in order to assist the DMA enforcement procedure, the FSFE is signed a joint position to the EC, highlighting the main problematic aspects of Apple in relation to Free Software.
As far as the FSFE is concerned, the main points relate to:
- Software freedom: By blocking side-loading of apps and the unfettered installation of alternative app stores, Apple is violating Art.6(4). Concretely, paragraph 4 obliges the gatekeeper to provide users with the possibility to easily install apps from other sources than the gatekeeper’s own software application store. Recital (41) clarifies that the gatekeeper is prohibited from undermining or restricting that possibility in any way.
- Vendor lock-in vs interoperability: By hampering effective interoperability with of hardware functions, the company is violating Art. 6(7). Apple has introduced an opaque and non-accountable system to grant interoperability that impedes Free Software projects to effectively access hardware and software functions of devices. The DMA prescribes the opposite: interoperability should be granted free of charge and effectively, so third parties can enjoy the same privileged access to hardware and software as the gatekeepers.
The FSFE welcomes the EC’s efforts in finding Apple to be in breach of the law. However, this is only the first step in a regulatory process aimed at reducing the company’s monopolistic control over devices.
Apple threatens Free Software – please help protecting software freedom!
The DMA includes several provisions directly impacting Free Software. It mandates “gatekeepers” to allow installing of software (sideloading), to enable alternative app stores and repositories to be used in devices, and several interoperability obligations, allowing third party developers to access the same hardware functions as the gatekeepers.
Apple’s unfair behaviour against Free Software highlights the critical need to monitor the implementation of the DMA. The FSFE collaborated with F-Droid, the AppFair project, and other interoperability experts to scrutinize Apple’s DMA compliance, and it’s impact on Free Software. Since then, we coordinated several expert workshops with stakeholders, discussed with regulators in FOSDEM, had official meetings with the EC’s DMA team, and submitted a comprehensive position to the EC detailing several problematic elements in the Apple compliance that will harm the Free Software.
Free Software is key for a democratic society and we should not allow gatekeepers to threaten our rights and freedoms. Apple has a huge revenue from blocking Free Software on iOS, and has dedicated a lot of resources to interpret the DMA as it deems fit. For instance, Apple publicly stated that iPhones and iPads are not general purpose computers, and users are not allowed to run the software they want.
Holding companies like Apple accountable under the DMA is a complicated, time-consuming and resource-intensive activity. It can even be a dangerous one as the risk of retaliation is real. We face it with courage and determination. If you are not yet an FSFE supporter, please join our cause today.
Defending Free Software against large corporations takes a long time, maybe more than a decade.Our long-term commitment includes engaging with Free Software communities across Europe, conducting research and analysis for legal and policy positions, participating in official hearings, and we are getting prepared to be involved in strategic litigation.
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