Regulation is unfortunately necessary: the market isn't as magical as we would like it to be and competition is not a magic wand that makes everything good for users. Companies either become dominant, or universally screw over their users. Users either have no choice, do not understand the choices, or simply don't care.
I am glad the EU tries to do something. They aren't always right, but they should be trying. As a reminder, one of the biggest success stories of EU regulation: cheap cellular roaming within the EU. It used to be horribly expensive (like it is in the US), but the EU (specifically, Margrethe Vestager) regulated this and miracle of miracles, we can now move across the EU and not worry about horrendous cell phone bills.
All through that fiasco, where Apple was going through all sorts of twists and turns to avoid switching to USB-C, which was objectively better even if you’re an Apple partisan (given that I could carry a single charging cable for my Mac and Samsung phone, but not for my Mac and iPhone), he was going on and on about how the EU was killing creativity by forcing Apple to do something they didn’t want to.
And then Apple relented, their USB-C iPhone saw some of the fastest growth over a previous model despite having minimal other upgrades, indicating significant pent up demand for a USB-C phone.
And I’m guessing at this point even Gruber can’t imagine living life with a Lightning charger, so now the tune is that Apple was planning on switching to USB-C and they were playing a game to make it like like they were forced to switch by the EU so as not to alienate their current Lightning charger fans.
It’s a patently ridiculous idea but it’s necessary given how badly wrong he was on this issue because of how badly he continues to misunderstand how the EU works (which isn’t anything like how the US govt works).
Is there any evidence that "Apple was going through all sorts of twists and turns to avoid switching to USB-C"?
Apple worked to create the USB-C standard, was among the first to widely deploy it.
Apple fighting against a precedent where the EU would force them to switch everything to USB-C is strictly different from Apple going through all sorts of twists and turns to avoid switching to USB-C.
And that is exactly Gruber's take. Apple created USB-C standard and gave it to the USB committee for free.
And it is not even half true. But it spread across the internet as if it was verified.
The other one being Apple AirPod sold at cost, and suggest Apple invented big.SMALL CPU core.
Apple certainly didn't create USB-C, but was one of the biggest contributors.
The net effect of this is that in Poland, for example, you can carry your phone and no wallet, because you can pay literally for everything using your phone. And I do mean everything, I've recently been to a club in Warsaw and the cloakroom had a terminal mounted on the wall, people just tapped their phones.
In EU there is also more consumer protection by default, so charge backs can be rejected by merchants but a consumer can easily take a merchant to court. So capping card fees is also more reasonable.
Also, when a merchant goes bankrupt and customers perform charge-backs it would involve the entire payment chain. First merchant reserves, then acquiring bank, then MasterCard/Visa, then issuing bank (customer), and lastly the customer. With lower card fees, this has impact on the merchant reserves and their risk profile. Furthermore, acquirers can add additional fees on top if needed.
You can also get lower card fees in US if you have a low risk business model.
It is only the maximum fee that is capped (along with various provisions for eg transparency). You can also get lower fees in EU, just twenty minutes ago I saw an ad for just such a zero-fee card.
All though I would say EU regulation has far more misses than hits, this and forcing Apple to USB-C were great but millions of man hours a year are burned navigating cookie banners on every website and chat control being forced through soon.
So we have two wins on iOS device convenience, not a great trade off for the other overreach.
Cookie banner are not, in fact, an obligation under GDPR. All you need to do to be GDPR compliant is “not collect and sell data to partners” and call it a day. Cookie banners are a loophole that the EC conceded to an ad industry that is addicted to tracking everyone all the time.
Most arguments in favour of regulation cherry pick what they feel are success stories and ignore everything else. Interfering with highly complex and dynamical self-regulating systems has a cost. There are many examples of regulation leading to negative outcomes, and it's also telling that large corporations push for regulation because it's one of the most effective obstacles for competition in a market.
Free market absolutists don’t know what they are talking about.
The actual originators of market capitalism, most famously Adam Smith, but also proponents like Milton Friedman, had no such confusion.
In reality, today’s free market absolutists don’t get their ideas from economists (even free market economists). Instead, they get their ideas from terrible mid 20th century novelists (I’ll let you figure out who I’m talking about), who didn’t know much about how anything worked, never mind economics.
So far the DMA seems like a partial-win for technology users. I wish it enshrined the right to run software on your own computer in less ambiguous language, because as-is there are carve-outs that may let Apple get away with their core technology fee and mandatory app signing.
And mind you, I own 3 Apple devices - 2 Macs and 1 iPad and the watch can't connect to any of those. I must be forced to buy a $1000 device just because I made the mistake of recording something on their watch. We need more regulation because of things like this and I would absolutely hate to live in a society where this is the norm.
All in all a big improvement, with some future improvements left to make. Fingers crossed for a more sane USB-D in twenty years.
He just wrote about Japan's implementation of a similar set of laws rather favourably - the theme is that Japan's implementation looks very much like a genuine attempt at protecting users and benefitting end users and developers.
While I don't agree with what a lot of what Gruber has to say. A point I do agree with is that the DMA is being sold (by Margrethe Vestager, Thierry Breton and Ursula von der Leyer) as a set of consumer protections, when it's plainly not that, and in some clear ways does the opposite.
There's also persistent transparency questions like why the EU has excessive meetings with Spotify, or why there is not a "music" gatekeeper in the DMA, or the requirement to easily move music libraries between music services - things that would actually help consumers and prevent genuine lock in.
(Note this isn't to excuse the behaviour of big tech.)
The only example he gave where the MSCA is better than the DMA is:
> E.g. apps distributed outside the App Store in Japan still require age ratings. There’s no such requirement in the EU.
Most of his description of what Japan does better is simply “mutual respect”. Which reinforces the idea that this isn’t about the actual practical differences but about ego. Apple hates how the EU forces them to make change.
And Apple has done this before. After the EU forced them to make a change, which emboldened other nations to push similar changes, Apple points to those other nations’s obviously more streamlined law making process (given that the EU has already gone through the hard work of drafting the law, working with a non-cooperative Apple, and then actually seeing it implemented and the practical issues that arise), to justify their hostility to the EU’s trend setting efforts, without which those other nations would almost certainly have not proceeded.
I bet if Japan’s MSCA had come before the DMA, Apple’s tone towards both those governments would have been reversed.
Great, now let's stack what you've written in both of your comments directly against what Gruber has written, and not what an imaginary strawman wrote.
You wrote:
1. I have no doubt that Gruber will find reasons why the EU is bad and regulation is bad.
2. The EU has already gone through the hard work of drafting the law, working with a non-cooperative Apple, and then actually seeing it implemented and the practical issues that arise.
3. Most of his description of what Japan does better is simply “mutual respect”.
Addressing point 1 (again):
I wrote words to the effect of (they're just above): Gruber's writing is not as black and white as you assert and then I made reference to the Japan regulation article as an example where Gruber again makes nuanced arguments towards regulated changes.
That article does not make a blanket statement that regulation is bad, and Gruber points to a long-standing idea that he has which neither the EU nor Japan have regulated, which he believes should be. He's also stated (repeatedly) that he's in favour of link-outs and other commonly requested changes to the app store terms, and believe's Apple are too slow to change on these.
So does Gruber believe all regulation is bad as you have asserted: no. His views are demonstrably in favour of well-minded regulation.
Addressing point 2: The belief that the EU bears the brunt of regulation teething, and that's why it goes well in other regions.
Maybe you skipped the part where Gruber points to a 2021 regulation requirement from Japan, which Apple in fact did not provide resistance to, but worked with the regulatory authority to achieve their goal - then Schiller himself (the overseer of the App store at the time) came out and spoke in public with supportive language. That is an example Gruber provided, however there are plenty more examples of the app store changing policies long before the EU took notice. The EU gets all the attention here because they seem to be uniquely incapable of foreseeing unintended consequences.
So is the EU's leading the source of friction. No and they're not even first in many respects.
Addressing point 3: Gruber makes only immaterial "mutual respect" comparisons between DMA/MSCA.
I'm guessing you skimmed this bit too - Gruber talks at length to MSCA and DMA's approach to regulation, stating that MSCA's changes prioritise privacy and security in contrast to the DMA, and practical aspects such as user safety (that's a wee bit more than "mutual respect"). Secondly that users are not presented with onerous choice screens (see end note 1) which is making reference to the EU's requirement that browser selection screens must be repeatedly shown when the user's default browser is Safari (but not if it's any other browser), Japan doesn't take this approach to a browser selection screen.
So is it true that Gruber makes immaterial comparisons between the two: again no.
> There is simply no good way to make the API public while maintaining the performance and quality expectations that Apple consumers have. If the third party device doesn’t work people will blame Apple even though it’s not their fault.
And, competition probably can’t build for it anyway:
> It’s impossible to build Apple Silicon level of quality in power to watt performance or realtime audio apps over public APIs.
And:
> […] Apple has to sabotage their own devices performance and security to let other people use it. The EU has no business in this.
Well, I look forward to next year when we’ll have the receipts and see!
I’ve found it to be worst when using Xcode / simulator and having headphones on for music.
sudo killall coreaudiod seems to fix it for a while.
And then there is less incentive for Apple to further improve this interface because any improvements will benefit non-Apple devices (i.e. do the foundational work but everyone else gets the positive exposure)
Government intervention like forbidding led-based paints or asbestos in homes? Or government intervention like doing something about the ozone depletion? Government intervention like forbidding roaming fees? Intervention like requiring 3-point seat belts? Like progressive taxation? Like forbidding discrimination based on skin colour? Like air travel safety? Like a max ceiling on credit card fees?
Always?
Ok, sometimes.
There are many reasons to criticize Apple, but wanting to not only control the exceptional ecosystem where everything just works as seamlessly as possible, but also wanting to benefit from all the work and focus that went into creating it, is understandable to me.
What I don’t think dawns on people is that this is an example of an intersection between what some call capitalism and communism mindsets, or it may be far more accurately described as the ants and the grasshoppers, the freeloader problem.
People like the iPhone for its having worked extremely hard to make its devices work really well, but those same people don’t understand how and why that behavior they like actually came about, so they start trying to “improve” things they don’t have the foggiest understanding about.
It’s a typical narcissistic type behavior and mindset of self-importance, that now that the hard work has been accomplished they’re here to take over and improve things they don’t understand and weren’t involved in creating.
It seems to be a mindset that totally infected and is spreading all throughout the whole West for whatever reason. People simply have no idea how what they inherited was created, let alone even know how to keep it going, not to mention fix anything.
Just alone the fact that it’s EU bureaucrats imposing these things makes it extremely unlikely that it is a good idea, considering not a single consequential tech company has been produced as a function of the EU. It is that obnoxious EU technocratic know-it-all hubris that keeps them even understanding just how little they actually know, which is so dangerous and reeks of malicious jealousy.
At least in the USA, the idiots in Congress are accountable to a constituency that elected them, and they tend to be able to discern that they simply don’t know enough to interfere with how Apple (for example) is doing what it does to produce the world’s best devices and services.
Not the EU and its blob of unelected bureaucratic despots and unelected Commission of dictators, it is confident it knows more than Apple about how to do what all of Europe cannot seem to actually accomplish. Europe has not even been able to emulate what the Asians have done by forking Android, but here they are, wagging their fingers telling people how it is. Why do Europeans not get tired of that pathetic attitude?
Frankly, I wish Apple had the non-binary balls to simply just cut off all iPhones in Europe rather than bend to EU despot dictates.
At least I can hold onto the gleeful spite that Apple may just use this as an opportunity to push people into buying more Apple products by demonstrating that, e.g., “your use of non-Apple headphones has caused your phone battery to drain 10% faster and damaged the battery by 5%”. It’s perfect advertisement… brought to you by the idiots in the EU bureaucracy playing tic-tac-toe strategy against grand masters.
Perhaps you should come back when you’re less emotional. Suggesting incredibly poor value for shareholder decision while also being hateful (non-binary balls, indeed) is showing the whole ass. Never go whole ass.
So do I. And my >20 years in the business gives me the experience and knowledge to see through Apple’s FUD.
> […] but also wanting to benefit from all the work and focus that went into creating it, is understandable to me.
It is my device. I paid for it. If Apple thinks they deserve more money for what they did they are free to ask me, the customer, for more money.
> […] unelected bureaucratic despots
Aha, the dog whistle of the AfD brand of conspiratorial bullshit ”unelected” nonsense! Career bureaucracy is supposed to be certified and educated, not elected, because that is the only way they can properly implement the laws of the electorate. Bureaucracy still answers to elected officials, but they are supposed to act without political interference and provide specialist knowledge. For the same reason you do not vote on every captain and colonel in the military hierarchy, or every tax collector/auditor in your IRS equivalent, you do not vote on every bureaucrat in the Commission tasked to execute and implement law.
I exclusively use non Apple headphones and I have no issues. I had AirPods for a while and I don’t remember them being better.
Apple has stopped improving long ago, and it’s not regulation that’s at fault.
Everything else feels flakey.
For example, you need to root and patch your Bluetooth stack on your phone if you want to use all of your AirPods features on Android, and not because Android is doing something wrong, it's because the Android Bluetooth stack actually sticks to the spec and AirPods don't.
And even when you do that, you can't do native AAC streaming like you can with iOS/macOS. Even if you're listening to AAC encoded audio, it'll be transcoded again as 256kbps AAC over Bluetooth.
Even no name earbuds on Amazon manage to not break Bluetooth and can offer cross platform high quality audio over Bluetooth.
https://issuetracker.google.com/issues/371713238
Some comments on the bug accuse Google of intentionally not fixing it to make people buy Pixel Buds instead of AirPods.
I wouldn’t say that myself, but then again I also wouldn’t say that Apple intentionally violated the spec just to make AirPods not work on Android.
This seems to go against how OS development (and perhaps consumer software in general, just think about browsers!) works in reality, it's just piles of exceptions on top of exceptions for weird hardware.
They do that? Mine can't even switch quickly between my corporate and my own iphone.
But why would switching headphone connections need the cloud... ah... nevermind...
Probably better would have been just simpler access, even if not the integrated experience like. But that would lead to complains from third party manufacturers.
So if the solution is not optimal, that circles back to Apple who are responsible for coming up with a solution that works. Then choosing to prioritise platform lock-in is a business strategy, leaving regulation the only recourse.
My contention is this: expecting a third party provider to be able to provide the same experience as the first party is an impractical goal. Even pushing companies towards that means a lot of second order effects where everyone ends up like Intel or Windows for that matter. We already have android on that level.
You can have a reasonable requirement where Apple should not be able to block other companies from providing similar services based on an iphone. But clearly the directive here is that Apple's competing products should not be better based on better integration, which can only go in one direction. Apple degrades its own products to comply. Yes, competition wins, but consumers lose. In this case specifically - consumers who would want to choose Apple, better experiences would not be able to simply because Apple cannot ensure the level of software/hardware alignment as it works today if the same software is written with modular hardware in mind.
The example you shared is the opposite. I am imagining a kernel today written in a manner that airpods would be able to use it to extract the max out of it. Now, it has to support 10 other third party pods, so at the minimum, kernel would be more generalized.
If you don't think there isn't any "uncontrolled pathological growth" anywhere in the EU, then you should look at ALL OF THE LEGALLY SANCTIONED GOVERNMENT MONOPOLIES HERE.
End of story.
I guess "the regulations will continue until product management improves".
Just curious: why do you understand they restrict it to EU?
They do so with third-party app stores.
And if they wanted to have airpods-like pairing to third-parties in US, they would already have.
The only reason they might bring this to US is customers will be royally pissed.
If it were, they wouldn’t be asking. And you haven’t answered it either. Your parent comment is asking why the grandparent commenter thinks it makes sense to restrict third-party stores to the EU instead of having them everywhere.
Previously, this was available on Android but not iOS as Apple didn’t expose the APIs for watches other than their own.
a) API to not just read notifications but also perform the notification quick actions (if any), e.g snooze for a calendar event, mark complete for a reminder, and of course reply for a text (SMS or otherwise). This seems entirely reasonable and ludicrous that it doesn't exist.
b) API to access SMS / Messages. That one appears to be heavily guarded because security / E2E (for iMessage).
I mention b) because a lot of times people invoke the problem a being b) (and possibly a problem in its own right, forcing one to use Messages for SMS) but really for watches a) is sufficient and probably much more relevant.
There's also a.1) API access to media (images) in notifications.
In any case, DMA could definitely help crack both.
The last update from Garmin did this to my Epix. Funnily enough the complications can still be activated if you touch the screen, they’re just invisible.
Will that mean we’ll see some last step assembly move into the EU, or does it only require legal presence?
I think Tim Cook’s strategy is rather “hoard and extract as much money as legally possible, no matter what it does to the experience”. Selling tech products is no different to him than selling car parts of frozen meat. What matters to him is the pile of money at the end.
We miss you, British Friends <3