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Apple and Microsoft Say Flagship Services Not Popular Enough To Be 'Gatekeepers' (ft.com) 123

Apple and Microsoft, the most valuable companies in the US, have argued some of their flagship services are insufficiently popular to be designated "gatekeepers" under landmark new EU legislation designed to curb the power of Big Tech. FT: Brussels' battle with Apple over its iMessage chat app and Microsoft's search engine Bing comes ahead of Wednesday's publication of the first list of services that will be regulated by the Digital Markets Act. The legislation imposes new responsibilities on the tech companies, including sharing data, linking to competitors and making their services interoperable with rival apps.
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Apple and Microsoft Say Flagship Services Not Popular Enough To Be 'Gatekeepers'

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  • by HBI ( 10338492 ) on Monday September 04, 2023 @03:38PM (#63823100)

    Hopefully no one caves in on this. There could be a meaningful impact.

  • by Joe_Dragon ( 2206452 ) on Monday September 04, 2023 @03:42PM (#63823114)

    apple does not let you use your own app store MS does on the pc

    • by sbszine ( 633428 ) on Monday September 04, 2023 @06:28PM (#63823546) Journal

      apple does not let you use your own app store MS does on the pc

      I'm using a Mac right now and I'm able to buy software from other stores such as Steam, Itch, Humble, etc. There's even an open source Mac package manager [brew.sh]. iPhone, sure, that's a walled garden.

      • Due to Gatekeeper, they are gatekeepers. There is no way for users to say to gatekeeper "just pass all apps cosigned by this certificate or certificates derived from it". Requiring users to accept developer certificates or disable gatekeeper is not a realistic option.

        Apple is the defacto gatekeeper for Apple apps.

        • Apple is the defacto gatekeeper for Apple apps.

          That is like saying Ford makes Ford cars. True but completely misses the point. The point raised is that Apple is not the gatekeeper for Mac apps which the OP somehow forgets that Macs exist when comparing them to PCs.

          • The problem is the gatekeeper service, it does not allow users to accept an additional root of trust. An alternative appstore needs to be compatible with gatekeeper, without Apple being gatekeeper of what gets signed. Allowing developer signed packages is not a proper mechanism to allow alternitive appstores.

            For internal appstores for large companies they have a proper mechanism, but they are the gatekeeper to allow that mechanism to be used. It should be the user.

            • The problem is the gatekeeper service, it does not allow users to accept an additional root of trust.

              Again you are complaining that Ford does not allow Honda to certify that their cars are Ford. On a Mac you can use any store you want to use including random websites on the Internet for which there is no trust. Also do you know that MacOS is based on BSD which means open source software can be used.

              An alternative appstore needs to be compatible with gatekeeper, without Apple being gatekeeper of what gets signed. Allowing developer signed packages is not a proper mechanism to allow alternitive appstores.

              Again, what? How does Steam work on a Mac again?

              For internal appstores for large companies they have a proper mechanism, but they are the gatekeeper to allow that mechanism to be used. It should be the user.

              Are you complaining there is no MDM from Apple for Macs? I am pretty sure that you can get MDMs for Macs.

              • What they seem to be complaining about is that no other app store can do on a Mac what the Mac app store does. They all offer an inferior experience with more user interaction required for the same tasks. This is how it used to be on Android until version 12, where third party app stores became first class citizens. Now they can do one click installs and automated updates just like the real Android app store.

                In this regard, Mac OS is literally locked down tighter than Android, and there is no justification

                • What they seem to be complaining about is that no other app store can do on a Mac what the Mac app store does. They all offer an inferior experience with more user interaction required for the same tasks. This is how it used to be on Android until version 12, where third party app stores became first class citizens. Now they can do one click installs and automated updates just like the real Android app store.

                  And how is Apple responsible that 3rd party stores on a Mac are inferior? The problem is that the complaint about Android devices is that it should not apply to Macs. That is like complaining that 3rd party stores on a PC are inferior and MS should do something about that.

                  In this regard, Mac OS is literally locked down tighter than Android, and there is no justification for it.

                  WTF are you smoking? How is a Mac locked down tighter than Android? On a Mac you can get software from a random website or another store like Steam. The only thing that Mac does is to ask you the first time if you want to run random binary

                  • And how is Apple responsible that 3rd party stores on a Mac are inferior?

                    That was explained above. Go read the thread until you understand what we're talking about. No sense wasting time talking to you until you do that.

                  • And how is Apple responsible that 3rd party stores on a Mac are inferior?

                    This was explained upthread. Read, or learn to read.

                    The problem is that the complaint about Android devices is that it should not apply to Macs.

                    You botched that sentence, son. I guess it's "learn to read".

                    WTF are you smoking? How is a Mac locked down tighter than Android?

                    I just explained that. Learn to read.

                    On a Mac you can get software from a random website or another store like Steam.

                    Yes, on an Android device you can do the same. But you can also install another app store on your Android device and it can do everything the official app store can do, while another app store on your Macintosh cannot do everything the official app store can do. I'm done explaining this very, very simple concept to you, because at this point either you underst

            • Purely technical speaking, you can disable the protections, they are not ultimate and can be overridden by importing your own signing certificate or root.

    • That is correct... And completely offtopic and not at all relevant to the EU DMA being discussed.

    • Have you ever heard of a Mac? They are computers made by Apple. Pretty sure you can use whatever store you want on a Mac especially when you compare it to a PC. Also being built on a variant of BSD you can even run open source on it. *gasp*
  • by RedK ( 112790 ) on Monday September 04, 2023 @03:44PM (#63823122)

    > Microsoft's search engine Bing

    Yes. Who the heck uses Bing and who the heck is locked into it ? The EU being its usual ridiculous self.

    Apple iMessage is also somewhat of a moot issue. I've never had any issues with people on Android texting me.

    • by Xenx ( 2211586 )

      Apple iMessage is also somewhat of a moot issue. I've never had any issues with people on Android texting me.

      Even ignoring the green vs blue bubble, there are technical limitations that exist when messaging with someone outside of the Apple ecosystem. It's possible that the ability alone to send messages may be enough, or it might not.

      • by RedK ( 112790 )

        > It's possible that the ability alone to send messages may be enough, or it might not.

        What value does iMessage even provide ? What does it lock you into ?

        This is just government overreach on topics it doesn't understand.

        • Re: (Score:3, Insightful)

          by Xenx ( 2211586 )
          The fact that you don't know, or choose to ignore, the rather widely known concerns means that maybe you aren't the best person to be commenting on who does/doesn't understand.
          • by RedK ( 112790 ) on Monday September 04, 2023 @05:10PM (#63823344)

            > the rather widely known concerns

            If you can't even name one, seems they're not that widely known nor real concerns.

            • by Xenx ( 2211586 )
              If you can't be arsed to educate yourself on a topic, it seems you shouldn't be commenting on it.
              • by RedK ( 112790 )

                > If you can't be arsed to educate yourself on a topic

                Typical "I have no argument so I'll gaslight you" response.

                I am educated on the topic. iMessage is basically SMS that work over WiFi as long as both devices are Apple devices. If I'm stuck on a WiFi only network and want to message a friend, I'll probably use one of 50 other messaging services that work over the Internet to reach them, even if they happen to own an Apple device and I have access to an Apple device.

                There's no "gatekeeping" with iMess

        • by CAIMLAS ( 41445 ) on Monday September 04, 2023 @05:02PM (#63823326)

          The only complaint I really have against iMessage is that it's a silo.

          I can't replace it with another app, and I can't independently backup or index my iMessages (eg. as I used to do with messages sent to me on Android - it was nice to be able to have full-text search independent of my messages so I could find context I'd forgotten about).

          And it'd be nice to use eg. something like Signal instead (not that that's possible anymore on Android, anyway).

          It's a pretty moot point. I'd hardly consider iMessage any sort of 'gatekeeper' technology. There's nothing novel or special about it, in 2023.

          Their trackpad and the ability to copy/paste between different Apple devices, however? Those absolutely are gatekeeper tech, and are completely indispensable.

          • > It's a pretty moot point. I'd hardly consider iMessage any sort of 'gatekeeper' technology.

            Except all the reasons you listed - you *have* to use it on an iPhone, and yet you can't have it on Android or Windows. You can indeed use SMS between vendors, but you can't use the actual underlying iMessage protocol between vendors - so the added extras the protocol gives you are locked into the Apple ecosystem. Thus, since the iPhone is the dominant phone in the market, Apple is a gatekeeper of iMessage.

            As for

            • by mccalli ( 323026 )
              This is EU legislation. In the EU and UK, WhatsApp utterly dwarfs iMessage, and Android outsells iOS. Apple might well be right.
              • You're right about Whatsapp - but you can get that anywhere, so no one's going after Meta for it. They might one day go after Meta to open up the protocol to third parties - but they haven't done it yet.

                Android does outsell Apple phone-for-phone, but there are less restrictions on what you can do there - and whilst Android might be the underlying OS, the experience can be very different depending if you get the Google App store or the Amazon one, or someone elses (etc). I haven't checked, but I doubt Googl

                • by mccalli ( 323026 )
                  I'm surprised they're not going after WhatsApp since, as you say, that's the one to go for. It fits all of the gatekeeping criteria being asked for.

                  It's effectively a monopoly. I tried to avoid it for years (I'm in the UK) since I didn't want to use any then-Facebook-now-Meta stuff. Nope, eventually had to cave to reality and start using it - pure networking effect. It's that service that should be making the headlines here, as opposed to Bing or Apple.
      • by Luckyo ( 1726890 )

        Not in EU. That's almost entirely the world of whatsapp. No one cares about iMessage or RCS, because everyone is on whatsapp anyway.

        Notably, just like the rest of the world. US is pretty much the only nation in the world where native messaging software somehow manages to remain relevant, rather than get displaced by whatsapp, telegram, wechat and other certain language specific options.

    • Spin control artistry in action.

      The list of gatekeeping and proprietary, customer enslaving options for both these (and Google and more) are legendary.

      As a US Citizen, I can tell you that the EU just doesn't put up with the bullshit that is business-as-usual in the US. These gatekeeping, customer corralling methods are used across the product lines, hardware on all their OS platforms, and software supply chains.

      This is historical, continues, and won't abate until they feel financial pain, because they feel

      • by RedK ( 112790 )

        > The list of gatekeeping and proprietary, customer enslaving options for both these (and Google and more) are legendary.

        Ok, but those weren't named. They named specifically iMessage and Bing.

        Don't accuse a man who's never robbed anything of burglary if you mean to punish him for murder.

        • A rose by any other name....

          It takes a while, and legislation and legal prosecution will always be behind the state of the art. They pick their emblems, their standards, and run with them.

          Did they pick some that weren't as juicy as say, proprietary fonts in M365? Maybe that's next; not my choice. I speculate that this is the beginning of a long line of EU enforcement actions that they believe by their values will result in the intent desired by them.

          • by RedK ( 112790 )

            > It takes a while, and legislation and legal prosecution will always be behind the state of the art

            Behind ?

            When was Bing dominant and when did Bing "enslave" their captive consummers ?

            Oh right never. Ever.

            • Bing was a default search engine in IE and in Edge. The EU initially championed choice during the search engine wars. For ages, Microsoft swore up and down that Windows would simply not work with IE, and wants very much to constantly push Edge as a default choice, even when defaults have been changed.

              Using Cortana like Alexa was another head-desk. But you're quibbling without reading about what the history of the EU initiative is, only championing Bing like a MS sock puppet.

              Apple has their own difficulties

              • by RedK ( 112790 )

                > Bing was a default search engine in IE and in Edge

                And ? Google is the default for Chrome.

                What's your point ?

                > For ages, Microsoft swore up and down that Windows would simply not work with IE,

                What does this have to do with Bing ?

                > But you're quibbling without reading about what the history of the EU initiative is

                If it classifies Bing as anything remotely like "Gatekeeping", it's just a bunch of old men who don't understand the tech landscape clawing at any shred of power they can have.

                If you agr

    • the heck is locked into it

      Being locked into it has nothing to do with the regulations.

      Apple iMessage is also somewhat of a moot issue. I've never had any issues with people on Android texting me.

      And so because one feature works for you the company should be exempt from all regulations of the DMA?

      The EU being its usual ridiculous self.

      Slashdotters are being their usual ridiculous self, prattling on about something they evidently have no clue about, and in this case I'm not even sure you know what is being discussed, let alone how it works.

      • by RedK ( 112790 )

        > And so because one feature works for you the company should be exempt from all regulations of the DMA?

        If they are single company regulations that basically handicap one company in the market ?

        Yes. Absolute-fucking-ly. "We made this law for this product of X company" is absolute government fuckery of the highest order.

        • "We made this law for this product of X company" is absolute government fuckery of the highest order.

          Fortunately that's not how the law works. But nice try.

    • The only issue I encountered was with images and video, but then we have things like Signal that work across most mobile and computer platforms. The market is working as intended.

    • Yes. Who the heck uses Bing and who the heck is locked into it ? The EU being its usual ridiculous self.

      Everyone who uses Windows search uses Bing by default. Like many other times in the past, MS tied features that benefits them. Now I would say that MS did not get as much of a benefit as they might have expected.

      Personally I disabled all the web searching capabilities of Windows search as it made the feature worse not better. Searching for a file meant that Bing would scour the Internet for that subject first and then showed local results last. For example looking for a file named "Taxes 2019" would generat

  • by Anonymous Coward

    If Microsoft hadn't raised the issue I doubt anyone there would have remembered Bing even existed.

  • Windows has an almost 100% market share, so that should be considered a gatekeeper.

    Same goes for MS Office. Nobody uses the viable alternatives, because they all been reduced to irrelevance by MS.

    Microsoft should get a massive fine over monopoly abuse for just these two systems.

    • It is considered a gatekeeper thanks to the requirement to have a Microsoft account. TFA even says MS isn't disputing Windows.

      The story here is that companies are trying to get some of their less popular products exempt, not that the rules don't apply to their large products.

      Microsoft should get a massive fine over monopoly abuse for just these two systems.

      Nothing here has been abused and no regulation has been broken (yet). If you want to talk about monopolies and antitrust go find an article about it and post it to Slashdot so we can have a relevant discussion. What you're talking about

    • "Microsoft should get a massive fine over monopoly abuse for just these two systems."

      If only there was a legal case, then a ruling by a federal judge over Microsoft to be broken into separate OS and Office companies.

      One could dream right? RIGHT?

      https://en.wikipedia.org/wiki/... [wikipedia.org].
       

  • So mine will sell better. I think the government should make it so.

    This is the stupidest thing ever.

    • The difference is maybe that Megadeth doesn't own the music studios so they can push their records and pretty much drown out those that would actually be better than theirs.

  • by Opportunist ( 166417 ) on Monday September 04, 2023 @04:09PM (#63823194)

    Are you fucking serious? Not Office, not Teams, not their fucking operating system that has pretty much every business by the balls? Of all the things they could investigate for abuse of a monopoly in MS, and would offer a very good reason to do that, they choose exactly the one that they do not have a monopoly at?

    • It does seem rather weird. I assume the EU tries to do the verbal gymnastics to make the rule apply to Office and/or Windows, but couldn't figure out how to do it - however they just HAD to get Microsoft somehow, so this silliness is what they're left with.

      I'm also a little surprised they hit iMessage, which certainly doesn't have even majority usage in the EU or the world at large. Likely it's the same sort of shenanigans as mentioned above re: Microsoft.

      But all that is just speculation, since the linked s

      • Ah - archive.is has a copy of the story - https://archive.ph/m80vf#selec... [archive.ph]

        Here is the way the rules determine "gatekeeper" status (honestly, why wasn't this in TFS?):

        "Platforms need to have an annual turnover of more than €7.5bn, a market cap above €75bn and 45mn active monthly users in the EU to fall under the rules, though Brussels has some discretion over the designation beyond these raw metrics."

      • None of these laws have to do with majority usage, monopolies, or even specific products. This is about service providers and their total usage numbers. Nowhere is it said that this doesn't apply to Office or Windows. In fact TFA even says that Microsoft isn't even attempting to claim that Windows isn't covered (since it obviously is thanks to their forcing of a Microsoft account into their product).

        The only point being made here is that MS wants a heads up in the Search space over Google by claiming their

    • Bing is not being investigated for abuse. What happens is the new rules are now in force, and Bing is considered gatekeeper as per a number of monthly user larger than 45 million (full criteria here: https://www.taylorwessing.com/... [taylorwessing.com] ) Apparently Microsoft challenges this number, but I can't tell exactly because TFA is paywalled.

      The possible abuse in the case of Teams was solved last week was solved 5 days ago with Microsoft unbundling it to avoid further investigation https://slashdot.org/story/23/... [slashdot.org]

    • This isn't about a monopoly or monopolist practices. No one is being investigated for anything. It's about the threshold for the gatekeeper provision for the DMA in the EU. This is just MS claiming they don't want to comply with the law because apparently they want to claim that Bing has virtually zero market share, and Apple with it's 1.3billion phones are claiming that less than 3% of users are using iMessage.

      Calm your tits. MS is actively being investigated for monopolistic practices for both Office and

      • by RedK ( 112790 )

        > MS is actively being investigated for monopolistic practices for both Office and Teams.

        > Being popular isn't illegal.

        You seem to have contradicted yourself in 2 sentences. Let's face it, Office and Teams aren't exactly monopolies because MS forced the issue, they just sorta became such after the competition completely sucked at providing alternatives.

        The closest alternative to Teams is Discord, a service for gamers and drama queens. Even Slack, that basically copy/pasted from Discord, managed to

        • You seem to have contradicted yourself in 2 sentences.

          No I didn't. Maybe you're struggling with the terms and definitions. Let me help you with this: There's nothing illegal about being popular, there's nothing illegal about being a monopoly. The key word you seem to have overlooked when quoting me is the word "practices". Antitrust law doesn't give a shit about what label you have. It takes into account what you *do*. MS is being investigated not for being a monopoly, but for what they are doing as a monopoly. Monopolistic practices != monopoly. Verb != noun.

    • ... do not have a monopoly at?

      The bill in question regulates "sharing data, linking to competitors", which is a limited service on Windows and Office. Bing and (hopefully) Teams are the target of this bill. Microsoft through its software, obviously has the power to demand people use Edge (in fact, they're now doing precisely that) or Teams (ditto). Edge will, also obviously, depend on another MS product, Bing. It's a circuitous way of enforcing separation that achieves a free-market outcome.

    • by AmiMoJo ( 196126 )

      These rules only apply to internet services, not software. They have separate anti-trust rules for software, and have used them in the past. Microsoft has been fined more than once, and produces a special version of Windows (called Windows N) for the EU market that has Media Player and some other crap stripped out.

  • If they're not #1 (and in these areas they are not), they're close enough that waiting would be a mistake.

    They don't want to comply because they want to be exactly what the rules are meant to prevent.

  • Oooh, does this mean they'll also make Facebook compatible with Twitter? TwatBook? FaceTwat?
  • Apple has 33.83% of the mobile market
    Microsoft Bing has 3.78% of the search market in the EU

  • Apple and Microsoft are large abusers of the market.
    Apple should be forced to open it's platform to third parties and also make it's messaging platform available to third parties. The right to repair and repairable design should be a requirement.
    Microsoft is current leveraging it's dominance of the corporate compute market to gain dominance in the cloud marketplace. The cloud should be unbundled and separated from their other software product. Based on the current growth rates Azure will end up dominating t

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