this post was submitted on 13 May 2024
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The funny thing is: This will work against them regarding the EU DMA regulations. If no one uses their offer it will not be interpreted as nobody wants to use it, but instead it will be interpreted as the offer was unfair.
Apple is used to North American courts who are paid by everyone to always interpret laws on the corporation's favor. This experience is new to them, actual logic and common sense in a court of law.
Apple are well aware of EU laws. Just ask the Irish treasurer....
Wait are you suggesting apple doesn't have the legal staff to be aware of regional concerns/practices?
I'm not saying it's not an issue, my point is apple has access to the highest talent and legal advice. There's no way they are unaware of the realities.
We can be sure they employ European law staff themselves.
Conclusion being their actions are attempts to move the window on these types of law. They are aware of the existing status quo, but are driving to advance it to their own ends.
Which is worse, because it implies malice.
But never the less, this tactic would work perfectly in a US court. It probably won't as EU courts don't make decisions based on the judge's feefees like US courts, and precedent and case law mean nothing in European civil law systems.
I never applied a value judgement.
The suggestion that European courts are universally free from manipulation, political meddling or influence is a fairytale. They are leagues better than US courts in this regard, but again we can be sure a megacorp like apple is pulling every lever at their disposal
I agree but that has no bearing on my first comment. Common law and civil law are two fundamentally different systems. And Apple seems to always operate as if they're dealing with a US court, being petty and throwing tamtruns, trying to cheat and weasel their way out. Sure the European courts have their share of corruption, but Apple doesn't seem to have found said levers yet.
Mega corporations aren't magical all powerful infallible entities either. They're just a bunch of entitled twats with too much money. They're no better at making decisions as the average Joe.