At the same time I do believe that this reading wasn't the intended one, so the law was badly written.
What makes court battles about this so annoying is that it turns laws from, in this case, rules about ethical businesses into word games.
It doesn't, Apple *generates* ambiguity for obvious reasons
Here is a simple example:
"shall allow business users, free of charge, to communicate and promote offers," is ambiguous because Apple doesn't charge, but demands return on its investments in those business users via distribution platform support. See, I've created "ambiguity" around the "simple" word "charge".
So it's not a comma that costs anything, it's the intention of the regulators to remove some mandatory payments
> This lengthy sentence creates ambiguity: what exactly does "free of charge" apply to? Apple claims it only applies to “communicate” and “promote,” meaning the right to insert redirect links in an app. But not to “conclude contracts,” meaning making purchases. Based on that, Apple argues it can still charge commissions on those external transactions.
Malicious compliance go brrrrrrrrrr
What does this even mean?
https://www.reddit.com/r/OutOfTheLoop/comments/hn3qnw/whats_...
Which raises the question: how are we this far into that change with Apple being informed that the EU meant something else?
To me, the optics are terrible on both sides. It's easy to be uncharitable to Apple for preserving their income stream, but it's equally just to be uncharitable to the EU for fishing for reasons to leverage what will certainly be a disproportionate fine instead of clarifying their position early. It's quite clear what they want is fine-revenue, not actual developer protections.
I don't know how much out of touch with reality must be someone to make such a delusional statement. For everyone else out there, it's just clear that Apple failed again with their malicious compliance.
If they were interested in fine revenue they would have fined Apple far more in the first place. 500 Million is a slap on the wrist. They could have fined them up to 6% of Global Turnover.
And the EU isn't dependent on that Pocket Change either.
Maybe you should try travelling outside of the US once, and broaden your horizons
asib•8mo ago
Can't we ask legislators to clarify their own legislation?
valiant55•8mo ago
StopDisinfo910•8mo ago
It’s not about a comma. It’s Apple trying to argue they can breach a law because look we might twist it if we mistreat despite the law being clear and on the way to be slapped in the face because there is nothing the EU hates more than companies trying to play clever tricks with legislation.
The only surprising thing is that Apple has still to understand that despite all the fines. Apple keeps acting like the EU is the US and lose most of the time. You have to wonder if they plainly refuse to hire good counsels or the American executives are just to proud to listen to them.
hu3•8mo ago
This wont end well for them because EU stance is clear: give users more freedom and stop with the BS.
susiecambria•8mo ago
And in my experience, very few legislators would be able to tell you what they thought they were doing when that provision was drafted.
As to it being farcical, I wonder if this behavior of parsing grammar and punctuation is getting more common.
eviks•8mo ago
Except for the fact that this mythical clarity simply doesn't exist, so no amount of want can create it. And to add more to the farce: the criteria the courts use aren't clear either
saurik•8mo ago
It is my understanding that this is a big difference between the US and the EU: the US leans heavily into textualism / literal interpretation, while the EU leans much more into purposivism / teleological interpretation.
Doxin•8mo ago
There should be space for companies and people to make honest mistakes or misunderstandings and not get punished too harshly for it, but when a company like apple has their lawyers go over legal texts with a fine tooth comb to look for a single sentence that could be possibly interpreted in their advantage, knowing full well they are circumventing the intent of the law by doing so, I don't see an issue with telling them in no uncertain terms to knock it off.