Apple is making changes to iOS in Europe to comply with the EU's Digital Markets Act cracking down on Big Tech gatekeepers. The act demands interoperability, fairness and privacy measures including allowing competing browser engines on iOS. Despite better browser choice, Google and Mozilla are unhappy with Apple's proposed changes. Mozilla says restricting browser engine integration to EU apps burdens rivals to build separate implementations. Mozilla's comment: "We are still reviewing the technical details but are extremely disappointed with Apple's proposed plan to restrict the newly-announced BrowserEngineKit to EU-specific apps. The effect of this would be to force an independent browser like Firefox to build and maintain two separate browser implementations -- a burden Apple themselves will not have to bear. Apple's proposals fail to give consumers viable choices by making it as painful as possible for others to provide competitive alternatives to Safari. This is another example of Apple creating barriers to prevent true browser competition on iOS." Google's VP of engineering for Chrome, Parisa Tabriz, commented on DeMonte's statement, saying, "Strong agree with Mozilla. Apple isn't serious about supporting web browser or engine choice on iOS. Their strategy is overly restrictive, and won't meaningfully lead to real choice for browser developers."

An anonymous reader quotes a report from Ars Technica: Europe's right-to-repair rules will force vendors to stand by their products an extra 12 months after a repair is made, according to the terms of a new political agreement. Consumers will have a choice between repair and replacement of defective products during a liability period that sellers will be required to offer. The liability period is slated to be a minimum of two years before any extensions. "If the consumer chooses the repair of the good, the seller's liability period will be extended by 12 months from the moment when the product is brought into conformity. This period may be further prolonged by member states if they so wish," a European Council announcement on Friday said.

The 12-month extension is part of a provisional deal between the European Parliament and Council on how to implement the European Commission's right-to-repair directive that was passed in March 2023. The Parliament and Council still need to formally adopt the agreement, which would then come into force 20 days after it is published in the Official Journal of the European Union. "Once adopted, the new rules will introduce a new 'right to repair' for consumers, both within and beyond the legal guarantee, which will make it easier and more cost-effective for them to repair products instead of simply replacing them with new ones," the European Commission said on Friday.

The rules require spare parts to be available at reasonable prices, and product makers will be prohibited from using "contractual, hardware or software related barriers to repair, such as impeding the use of second-hand, compatible and 3D-printed spare parts by independent repairers," the Commission said. The newly agreed-upon text "requires manufacturers to make the necessary repairs within a reasonable time and, unless the service is provided for free, for a reasonable price too, so that consumers are encouraged to opt for repair," the European Council said. There will be required options for consumers to get repairs both before and after the minimum liability period expires, the Commission said [...].

From mergers to AI, the EU's aggressive rule-making hampers its ability to compete with China and the U.S. Greg Ip, writing for WSJ: These are humbling times for Europe. The continent barely escaped recession late last year as the U.S. boomed. It is losing out to the U.S. on artificial intelligence, and to China on electric vehicles. There is one field where the European Union still leads the world: regulation. Having set the standard on regulating mergers, carbon emissions, data privacy, and e-commerce competition, the EU now seeks to do the same on AI. In December it unveiled a sweeping draft law that bans certain types of AI, tightly regulates others, and imposes huge fines for violators. Its executive arm, the European Commission, might investigate Microsoft's tie-up with OpenAI as potentially anticompetitive. Never before has "America innovates, China replicates, Europe regulates" so aptly captured each region's comparative advantage.

The technocrats who staff the EU in Brussels aren't anti-free market. Just the opposite: they still believe in free trade, unlike the U.S. or China. Much of their regulation is aimed at protecting consumers and competition from meddling national governments. But there's a trade-off between consumer protection and the profit motive that drives investment and innovation, and the EU might be getting that trade-off wrong. For example, to preserve competition, European regulators have resisted mergers that leave just a handful of mobile phone carriers per market. As a result Europe now has 43 groups running 102 mobile operators serving a population of 474 million, while the U.S. has three major networks serving a population of 335 million, according to telecommunications consultant John Strand. China and India are even more concentrated.

European mobile customers as a result pay only about a third of what Americans do. But that's why European carriers invest only half as much per customer and their networks are commensurately worse, Strand said: "Getting a 5G signal in Germany is like finding a Biden supporter at a Trump rally." Putting European networks on a par with the U.S. would cost about $300 billion, he estimated. This has knock-on effects on Europe's tech sector. Swedish telecommunications equipment manufacturer Ericsson's sales in Europe suffer in part because many carriers are too small and unprofitable to update to the latest 5G networks. "Europe has prioritized shorter-term low consumer prices at the expense of quality infrastructure," chief executive Borje Ekholm told me in Davos earlier this month. "I'm very concerned about Europe. We need to invest much more in infrastructure, in being digital."

Ivan Mehta reports via TechCrunch: Nearly a week after Apple announced big changes to the App Store because of the European Union's Digital Markets Act (DMA) rules, the company said that the market represents 7% of its global App Store revenues. The company's chief financial officer Luca Maestri said that the monetary impact of these changes will depend on choices made by developers to adopt different systems. "A lot will depend on the choices that will be made. Just to keep it in context, the changes applied to the EU market, which represents roughly 7% of our global app store revenue," he said in reply to an analyst's question.

Because of DMA, Apple has to allow alternative app stores and let developers use third-party payment processors. The company plans to charge a core tech fee if an app crosses a million annual downloads across different app stores. Amid these changes, Apple noted a record quarter for App Store revenues. The company's overall services revenue was $23.1 billion with an 11% jump year-on-year. Apple continued its narrative of defending the App Store and its commission ecosystem by saying that it provides the best privacy and security. CEO Tim Cook emphasized that the company will fall short of providing the best experience to users because of these changes.

"If you think about what we've done over the years is, we've really majored on privacy, security and usability. And we've tried our best to get as close to the past in terms of the things that are -- that people love about our ecosystem as we can, but we are going to fall short of providing the maximum amount that we could supply, because we need to comply with the regulation," he said.

An anonymous reader quotes a report from Reuters: Italy's data protection authority has told OpenAI that its artificial intelligence chatbot application ChatGPT breaches data protection rules, the watchdog said on Monday, as it presses ahead with an investigation started last year. The authority, known as Garante, is one of the European Union's most proactive in assessing AI platform compliance with the bloc's data privacy regime. Last year, it banned ChatGPT over alleged breaches of European Union (EU) privacy rules. The service was reactivated after OpenAI addressed issues concerning, amongst other things, the right of users to decline to consent to the use of personal data to train algorithms. At the time, the regulator said it would continue its investigations. It has since concluded that elements indicate one or more potential data privacy violations, it said in a statement without providing further detail. The Garante on Monday said Microsoft-backed OpenAI has 30 days to present defense arguments, adding that its investigation would take into account work done by a European task force comprising national privacy watchdogs.

The Guardian reports that "Hundreds of thousands of EU citizens were wrongly fined for driving in London's Ulez clean air zone, according to European governments..." The Guardian can reveal Transport for London (TfL) has been accused by five EU countries of illegally obtaining the names and addresses of their citizens in order to issue the fines, with more than 320,000 penalties, some totalling thousands of euros, sent out since 2021...

Since Brexit, the UK has been banned from automatic access to personal details of EU residents. Transport authorities in Belgium, Spain, Germany and the Netherlands have confirmed to the Guardian that driver data cannot be shared with the UK for enforcement of London's ultra-low emission zone (Ulez), and claim registered keeper details were obtained illegally by agents acting for TfL's contractor Euro Parking Collection. In France, more than 100 drivers have launched a lawsuit claiming their details were obtained fraudulently, while Dutch lorry drivers are taking legal action against TfL over £6.5m of fines they claim were issued unlawfully.

According to the Belgian MP Michael Freilich, who has investigated the issue on behalf of his constituents, TfL is treating European drivers as a "cash cow" by using data obtained illegitimately to issue unjustifiable fines.
Freilich describes the situation as "possibly one of the largest privacy and data breaches in EU history," according to the article.

Some drivers have even received penalties of up to five-figure sums — for compliant vehicles which had simply not yet been registered. And "some low-emission cars have been misclassed as heavy goods diesel vehicles and fined under the separate low-emission zone scheme, which incurs penalties of up to £2,000 a day."

Thanks to Slashdot reader Bruce66423 for sharing the article.

Apple's new rules in the European Union mean browsers like Firefox can finally use their own engines on iOS. Although this may seem like a welcome change, Mozilla spokesperson Damiano DeMonte tells The Verge it's "extremely disappointed" with the way things turned out. From a report: "We are still reviewing the technical details but are extremely disappointed with Apple's proposed plan to restrict the newly-announced BrowserEngineKit to EU-specific apps," DeMonte says. "The effect of this would be to force an independent browser like Firefox to build and maintain two separate browser implementations -- a burden Apple themselves will not have to bear." In iOS 17.4, Apple will no longer force browsers in the EU to use WebKit, the underlying engine that powers Safari. The change opens the door for other popular engines, such as Blink, which is used by Google Chrome and Microsoft Edge, as well as Gecko, the engine used by Firefox. It also means third-party browsers could become fully functional on iOS without any of the limitations that come along with WebKit.

Apple faces strong action if changes to its App Store do not meet incoming European Union regulations, the bloc's industry chief said on Friday. Reuters: In a move designed to comply with the EU's incoming Digital Markets Act (DMA), the company will soon allow software developers to distribute their apps to Apple devices via alternative stores. From early March, developers will be able to offer alternative app stores on iPhones and opt out of using Apple's in-app payment system, which charges commissions of up to 30%.

However, critics have said the changes do not go far enough, arguing Apple's fee structure remains unfair, and that the changes may be in violation of the DMA. Asked about Apple's plans, EU industry chief Thierry Breton exclusively told Reuters: "The DMA will open the gates of the internet to competition so that digital markets are fair and open. Change is already happening. As from 7 March we will assess companies' proposals, with the feedback of third parties." He added: "If the proposed solutions are not good enough, we will not hesitate to take strong action."

In response to new EU regulations, Apple on Thursday outlined plans to allow iOS developers to distribute apps outside the App Store starting in March, though developers must still submit apps for Apple's review and pay commissions. Now critics say the changes don't go far enough and Apple retains too much control.

Epic Games CEO Tim Sweeney: They are forcing developers to choose between App Store exclusivity and the store terms, which will be illegal under DMA (Digital Markets Act), or accept a new also-illegal anticompetitive scheme rife with new Junk Fees on downloads and new Apple taxes on payments they don't process. 37signals's David Heinemeier Hansson, who is also the creator of Ruby on Rails: Let's start with the extortion regime that'll befell any large developer who might be tempted to try hosting their app in one of these new alternative app stores that the EU forced Apple to allow. And let's take Meta as a good example. Their Instagram app alone is used by over 300 million people in Europe. Let's just say for easy math there's 250 million of those in the EU. In order to distribute Instagram on, say, a new Microsoft iOS App Store, Meta would have to pay Apple $11,277,174 PER MONTH(!!!) as a "Core Technology Fee." That's $135 MILLION DOLLARS per year. Just for the privilege of putting Instagram into a competing store. No fee if they stay in Apple's App Store exclusively.

Holy shakedown, batman! That might be the most blatant extortion attempt ever committed to public policy by any technology company ever. And Meta has many successful apps! WhatsApp is even more popular in Europe than Instagram, so that's another $135M+/year. Then they gotta pay for the Facebook app too. There's the Messenger app. You add a hundred million here and a hundred million there, and suddenly you're talking about real money! Even for a big corporation like Meta, it would be an insane expense to offer all their apps in these new alternative app stores.

Which, of course, is the entire point. Apple doesn't want Meta, or anyone, to actually use these alternative app stores. They want everything to stay exactly as it is, so they can continue with the rake undisturbed. This poison pill is therefore explicitly designed to ensure that no second-party app store ever takes off. Without any of the big apps, there will be no draw, and there'll be no stores. All of the EU's efforts to create competition in the digital markets will be for nothing. And Apple gets to send a clear signal: If you interrupt our tool-booth operation, we'll make you regret it, and we'll make you pay. Don't resist, just let it be. Let's hope the EU doesn't just let it be. Coalition of App Fairness, an industry body that represents over 70 firms including Tinder, Spotify, Proton, Tile, and News Media Europe: "Apple clearly has no intention to comply with the DMA. Apple is introducing new fees on direct downloads and payments they do nothing to process, which violates the law. This plan does not achieve the DMA's goal to increase competition and fairness in the digital market -- it is not fair, reasonable, nor non-discriminatory," said Rick VanMeter, Executive Director of the Coalition for App Fairness.

"Apple's proposal forces developers to choose between two anticompetitive and illegal options. Either stick with the terrible status quo or opt into a new convoluted set of terms that are bad for developers and consumers alike. This is yet another attempt to circumvent regulation, the likes of which we've seen in the United States, the Netherlands and South Korea. Apple's 'plan' is a shameless insult to the European Commission and the millions of European consumers they represent -- it must not stand and should be rejected by the Commission."

The iPhone's app ecosystem is about to go through its biggest shake-up since the App Store launched in 2008. Today, Apple announced how it plans to change the rules for developers releasing iOS software in the European Union in response to the bloc's Digital Markets Act (DMA) coming into force in March. The big news is that third-party app stores will be allowed on iOS for the first time, breaking the Apple App Store's position as the sole distributor of iPhone apps. The changes will arrive with iOS 17.4 in March. From a report: Here's how the new "alternative app marketplaces," as Apple called them, will work. Users in the EU and on iOS 17.4 will be able to download a marketplace from that marketplace's website. In order to be used on an iPhone, those marketplaces have to go through Apple's approval process, and once you download one, you have to explicitly give it permission to download apps to your device. But once the marketplace is approved and on your device, you can download anything you want -- including apps that violate App Store guidelines. You can even set a non-App Store marketplace as the default on your device.

Developers, meanwhile, can choose whether to use Apple's payment services and in-app purchases or integrate a third-party system for payments without paying an additional fee to Apple. If the developer wants to stick with Apple's existing in-app payment system, there's an additional 3 percent processing fee. Apple still plans to keep a close eye on the app distribution process. All apps must be "notarized" by Apple, and distribution through third-party marketplaces is still managed by Apple's systems. Developers will only be allowed to distribute a single version of their app across different app stores, and they'll still have to abide by some basic platform requirements, like getting scanned for malware. Apple says that anyone looking to develop an alternative app marketplace will have to provide evidence that it can financially "guarantee support for developers and customers." Apple wants "a stand-by letter of credit from an A-rated (or equivalent by S&P, Fitch, or Moody's) financial Institution of 1 million Euro prior to receiving the entitlement. It will need to be auto-renewed on a yearly basis."

In response to a new European law intended to limit Apple's control over iPhone apps, Apple plans to allow sideloading with restrictions. Users will be able to download apps outside the App Store for the first time, but Apple will review each app, collect fees from developers, and add other limits, WSJ reported Wednesday. The policies will apply only in Europe and test enforcement of the law. Spotify, Meta, Microsoft and others are preparing new direct download options in anticipation. Apple has defended controlling downloads via the App Store as necessary for iPhone security and quality, but critics call it anticompetitive and say Apple collects unfairly high commissions. Apple's approach aims to maintain oversight despite the law, but its plans could still change.

Further reading: Apple's App Store Rule Changes Draw Sharp Rebuke From Critics.

To comply with the EU's Digital Markets Act, Meta is rolling out changes to give users in Europe the ability to unlink their Facebook, Messenger and Instagram accounts. Neowin reports: One key choice users will have is how information is shared between Facebook and Instagram. Instagram and Facebook users will be able to choose whether or not they want information shared between the apps. Those who currently have connected Instagram and Facebook accounts can opt to keep sharing data between the apps or separate their accounts. Furthermore, Messenger is getting a standalone option. Users can continue using Messenger with their Facebook account or create a new account completely independent of Facebook. This new Messenger account will still offer core features like messaging, chat, and voice/video calls, but without Facebook.

For Facebook Marketplace, the options will be a personalized marketplace experience that taps into Facebook profiles or an anonymized experience where buyers and sellers only communicate via email instead of Messenger. For gamers, Meta offers a similar choice to Facebook Gaming. Users can keep their Facebook info linked for access to features like multiplayer, in-game purchases, and personalized recommendations. Alternatively, they can opt for a Facebook-free gaming experience. Finally, an option introduced in November 2023 remains relevant -- European users can choose to pay a subscription to Facebook and Instagram ad-free. It ensures that their information is not used for targeted advertising.

Apple committed to address antitrust concerns posed by the European Commission surrounding its popular Apple Pay app, including allowing access to third-party mobile wallet and payment services. WSJ: The U.S. tech giant has agreed to allow companies' apps to make contactless payments on devices that use the iOS system, such as iPhones, for free without the need to use Apple Pay or Apple Wallet, the EU's executive arm said Friday.

The EU has proposed sweeping changes within the music streaming industry to promote smaller artists and make sure underpaid performers are being fairly compensated. From a report: A resolution to address concerns regarding inadequate streaming royalties for artists and biased recommendation algorithms was adopted by members of the European Parliament (MEPs) on Wednesday, highlighting that no existing EU rules currently apply to music streaming services, despite being the most popular way to consume audio.

The proposition was made to ensure European musical works are accessible and avoid being overshadowed by the "overwhelming amount" of content being continually added to streaming platforms like Spotify. MEPs also called for outdated "pre-digital" royalty rates to be revised, noting that some schemes force performers to accept little to no revenue in exchange for greater exposure. Imposing quotas for European musical works is being considered to help promote artists in the EU.

Google will tweak online search results to give comparison sites more prominence, the company said in a blogpost on Wednesday, as it outlined efforts to comply with new EU tech rules that could hit revenues for some companies. Reuters: Under the European Union's Digital Markets Act (DMA), which the company will have to comply with by March 7, Google is obligated to treat rival services and products the same way as it treats its own when it ranks them in search results. It is also required to allow business users to access the data that they generate when using Google's platform.

Remedy Entertainment, the developer that created the Max Payne and Alan Wake video game franchises, is embroiled in a trademark dispute with Take-Two Interactive over claims that Remedy's new "R" logo too closely resembles that of its subsidiary Rockstar Games. From a report: As first reported by RespawnFirst, the Rockstar parent company has objected to trademark filings Remedy submitted to the Intellectual Property Offices in the UK and EU last year, over grounds that the logo is likely to cause "confusion on the part of the public." Remedy publicly unveiled its updated "R" logo in a blog post on April 14th, 2023 -- one day after the company filed its trademark application with the EU -- saying that the "bullet in the letter R in the old logo represented the era of Max Payne," and that it no longer reflected its wider game portfolio.

Apple is preparing to split the App Store "in two" in the coming weeks ahead of European Union requirements that will force Apple to enable app sideloading in the region, Bloomberg's Mark Gurman reports. From a report: In the latest edition of his "Power On" newsletter, Gurman explained that Apple is gearing up to make changes to the App Store in the EU to comply with the region's impending Digital Markets Act (DMA). Apple is apparently planning to roll out adjustments to comply with the new legal requirements in the coming weeks, including splitting off the App Store in the EU from the rest of the world. The deadline for Apple to comply with the DMA is March 7, so the company has just over seven weeks to enact the changes.

Last April the Python Software Foundation warned that Europe's proposed Cyber Resilience Act jeopardized their organization and "the health of the open-source software community" with overly broad policies that "will unintentionally harm the users they are intended to protect."

They'd worried that the Python Software Foundation could incur financial liabilities just for hosting Python and its PyPI package repository due to the proposed law's attempts to penalize cybersecurity lapses all the way upstream. But a new blog post this week cites some improvements: We asked for increased clarity, specifically:

"Language that specifically exempts public software repositories that are offered as a public good for the purpose of facilitating collaboration would make things much clearer. We'd also like to see our community, especially the hobbyists, individuals and other under-resourced entities who host packages on free public repositories like PyPI be exempt."


The good news is that CRA text changed a lot between the time the open source community — including the PSF — started expressing our concerns and the Act's final text which was cemented on December 1st. That text introduces the idea of an "open source steward."

"'open-source software steward' means any legal person, other than a manufacturer, which has the purpose or objective to systematically provide support on a sustained basis for the development of specific products with digital elements qualifying as free and open-source software that are intended for commercial activities, and ensures the viability of those products;" (p. 76)


[...] So are we totally done paying attention to European legislation? Ah, while it would be nice for the Python community to be able to cross a few things off our to-do list, that's not quite how it works. Firstly, the concept of an "open source steward" is a brand new idea in European law. So, we will be monitoring the conversation as this new concept is implemented or interacts with other bits of European law to make sure that the understanding continues to reflect the intent and the realities of open source development. Secondly, there are some other pieces of legislation in the works that may also impact the Python ecosystem so we will be watching the Product Liability Directive and keeping up with the discussion around standard-essential patents to make sure that the effects on Python and open source development are intentional (and hopefully benevolent, or at least benign.)

Last year was the hottest ever reliably recorded globally by a blistering margin, US scientists have confirmed, leaving researchers struggling to account for the severity of the heat and what it portends for the unfolding climate crisis. From a report: Last year was the world's hottest in records that stretch back to 1850, according to analyses released concurrently by Nasa and the National Oceanic and Atmospheric Administration (Noaa) on Friday, with a record high in ocean temperatures and a new low in Antarctic sea ice extent. Noaa calculated that last year's global temperature was 1.35C (2.4F) hotter, on average, than the pre-industrial era, which is slightly less than the 1.48C (2.6F) increase that EU scientists, who also found 2023 was the hottest on record, came up with due to slightly different methodologies.

A separate analysis of 2023 released on Friday by Berkeley Earth has the year at 1.54C above pre-industrial times, which is above the 1.5C (2.7F) warming limit that countries have agreed to keep to in order to avoid disastrous global heating impacts. This guardrail will need to be broken on a consistent basis, rather than one year, to be considered fully breached, however. The burning of fossil fuels and deforestation has driven the extraordinary warmth, which follows a string of hotter-than-average years in recent decades. Each decade over the past 40 years has been warmer than the last, Noaa said, with the most recent 10 years all making up the hottest 10 years ever recorded. Last year's record heat was further spurred by El Niño, a periodic climatic event that heats up parts of the Pacific Ocean and heightens global temperatures.

Karl Bode, reporting for TechDirt: Back in 2019 we noted how the streaming sector risked driving consumers back to piracy if they didn't heed the lessons of the past. We explored how the rush to raise rates, nickel-and-dime users, implement arbitrary restrictions, and force users toward hunting and pecking their way through a confusing platter of exclusives and availability windows risked driving befuddled users back to piracy. And lo and behold, that's exactly what's happening.

After several decades of kicking and screaming, studio and music execs somewhere around 2010 finally realized they needed to offer users affordable access to easy-to-use online content resources. They finally realized they needed to compete with piracy and focus on consumer satisfaction whether they liked the concept or not. And unsurprisingly, once they learned that lesson piracy began to dramatically decrease. That was until 2021, when piracy rates began to climb slowly upward again in the U.S. and EU. As the Daily Beast notes, users have grown increasingly frustrated at having to hunt and peck through a universe of different, often terrible streaming services just to find a single film or television program.

As every last broadcaster, cable company, broadband provider, and tech company got into streaming they began to lock down "must watch" content behind an ever-shifting number of exclusivity silos, across an ocean of sometimes substandard "me too" services. Initially competition worked, but as the market saturated and the most powerful companies started to silo content, those benefits have been muted. Now users have to hunt and peck between Disney+, Netflix, Starz, Max, Apple+, Acorn, Paramount+, Hulu, Peacock, Amazon Prime, and countless other services in the hopes that a service has the rights to a particular film or program. When you already pay for five different services, you're not keen to sign up to fucking Starz just to watch a single 90s film. And availability is constantly shifting, confusing things further.