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EU Plans To Make Apple, Adobe and Others Open Up

FlorianMueller writes "After pursuing Microsoft and Intel, European Commission Vice-President Neelie Kroes is now preparing an initiative that could have an even greater impact on the IT industry: a European interoperability law that will affect not only companies found dominant in a market but all 'significant' players. In a recent interview, Mrs. Kroes mentioned Apple. Nokia, RIM and Adobe would be other examples. All significant market players would have to provide access to interfaces and data formats, with pricing constraints considered 'likely' by the commissioner. Her objective: 'Any kind of IT product should be able to communicate with any type of service in the future.' The process may take a few years, but key decisions on the substance of the bill may already be made later this year."

14 of 389 comments (clear)

  1. EU rules would also affect the US market by FlorianMueller · · Score: 5, Informative

    The EU can't formally legislate on what companies are allowed to do in the US market, but in practical terms, we're talking about a global market for IT products and (especially) Internet-based services. If vendors wanted to apply a different set of openness and interoperability standards in the US than in the EU, they would have to make a lot of efforts to keep the markets separated. They can do it, such as by refusing connections from certain sets of IP addresses, but it would be a major hassle. If many vendors did so, lawmakers in the US would also take a closer look and might consider a similar initiative to benefit customers in their own country.

    Concerning Microsoft, the new law isn't even needed for them because they were already subjected to two antitrust proceedings in the EU on the grounds of being found dominant. More importantly, I'm not aware of them treating the US market any differently concerning interoperability with Samba than they treat the EU, even though it was only a European ruling.

    The biggest benefit of the envisioned new EU law is that similar rules would also have to be respected by companies who may just not be close enough to a monopolist so that antitrust law can deal with them, but who are powerful enough (such as Apple, Adobe etc.) that it's a problem if they get away with too closed an approach. I don't mean to blame those companies for simply trying to maximize shareholder value or for adhering to certain closed philosophies -- but if antitrust law can't change their behavior, a new instrument is needed.

  2. What? by jim_v2000 · · Score: 4, Insightful

    "Any kind of IT product should be able to communicate with any type of service in the future."

    What does that even mean?

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  3. Frickin' great by Sandor+at+the+Zoo · · Score: 4, Insightful

    When the government starts dictating requirements and the price, we're all screwed.

  4. Re:What I'd Like to Know by jo_ham · · Score: 4, Informative

    Apple's customers already do.

    Apple's formats:

    Audio: AAC (open)
    Video: H.264 (open)
    Mail: .mbox (open)
    Address book: vcard (open)
    Calendar: ics (open) (and Apple provide open source calendar server and address book servers based on WebDAV)
    Office apps: documented XML, similar to Open Office's format (very easy and non-DMCA/non-illegal etc to write a converter, lots of documentation on how the format works, unlike .docx for example)
    Screenshot format: png (open)
    Networking protocols: NFS, SMB, AFP, Bonjour (Zeroconf), FTP, sFTP
    HTML engine: Webkit (open)
    Disk drive format: HFS+ (open)
    OS core: Darwin, default shell is bash (open).
    Printing system: CUPS, postscript, PDF

    And while it't not open, Snow Leopard supports Exchange servers out of the box, if you want to play in a Windows environment.

    While the Apple experience is very vertically integrated, if you really want to move your data in or out, you can do so very easily. For example, if you decided that you wanted to change all your documents to Open Office formats you could do so. If you no longer wanted to use Mail.app for your email all your messages are in .mbox format and are easily portable to any other system (unlike, for example, Outlook's .pst format).

    I know it is heresy to even suggest it on slashdot, but as an Apple user you already enjoy a lot of openness and interoperability on the desktop. All the faff about the iPhone and iPad masks that, it seems.

  5. Re:NOT great news by gumbi+west · · Score: 5, Insightful

    When government fucks with free markets, the customer loses, always.

    Well, except in the case of energy regulation, every state that has deregulated has instantly had massive price spikes (or are these good for the consumer?)... and insurance where the companies kick you out as soon as you file claims unless regulated.

    The US government usually asks the market players to regulate themselves and hopes that works (think of movie ratings). It is only after the players show they have no interest in a fair market that it gets regulated.

  6. Why is the parent a troll? by jo_ham · · Score: 4, Insightful

    Why is the parent post modded troll? I'm sorry, but "troll" is not a substitute for "holds an opinion opposite to me".

    The parent is entirely factually correct, and is talking about the very heart and idea of OSS: if you release something under the BSD licence, anyone can use it. If you release something under the GPL, anyone can use it as long as they follow the licence. So, when Apple uses BSD and GPL code, somehow it is "abuse"? Come on! You are either for the idea of OSS, or you are against it. You *cannot* be "oh, well, I love OSS, but Apple is not allowed to use any BSD code and get rich off it! That's just not allowed, but other companies can use BSD code since it is open source."

    This also doesn't address the benefits the OSS community has seen from Apple. Far from being an "abuser" Apple has contributed an enormous amount to OSS - isn't that one of the benefits of a large entity getting involved in the community: provision of resources? Companies like IBM, Apple, Red Hat, Mozilla Foundation are promoting open source. You can't turn around and say "I don't like Apple, so they are abusing OSS!"

    If you really hate them that much, write your own OSS code and release it under a modified BSD licence that permits anyone except Apple to use it.

  7. Re:EU and concept of Private Property. by TheRaven64 · · Score: 4, Insightful

    I find it so interesting that Anonymous Coward constantly appears to have no concept of the difference between a government-enforced monopoly and a property right.

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  8. Re:NOT great news by Bert64 · · Score: 4, Interesting

    Government fucking with free markets is not as bad as a single company becoming too powerful and gaining the ability to fuck with the market...

    If you can lock sufficient numbers of customers in to your proprietary products, such that it is unreasonably costly and/or damaging to switch away then the market is far from free. It is simply controlled by a large company instead of the government. Competition becomes extremely limited in such situations, competitors have an unfair burden of having to reverse engineer proprietary formats and protocols, and are always playing catch up to the market leader. The end result is that it's simply not commercially viable to compete with an entrenched player, so the competition either gives up or moves into niche markets.

    It's like playing strategy games, once you're past a certain point your resources outstrip the opposition so badly that barring a colossal screwup on your part, your victory is inevitable.

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  9. Free market by Luckyo · · Score: 5, Insightful

    It's hilarious how many see this as an "attack on free market".

    Let me run a few facts down through your skulls:

    1. There is no free market for IT goods referred to in the statement. The market that exists is heavily controlled and regulated, essentially being a monopoly market on per-product basis, or interconnected market where vendor uses monopoly control over one aspect of the market to openly destroy freeness in another market.
    2. Neelie Kroes is probably the most pro-free market person you will find in EU. It's more of her life's philosophy then just a law enforcement on some level.
    3. Suggestions include OPENING the CLOSED MARKET, to make it... that's right, more OPEN!

    So do share, in what way is this "evil EU abusing US companies by closing free market"? I can see this being "good EU abusing evil US companies who like to close market to competition by forcing them to actually compete", but to actually claim the exact opposite, you have to either be ignorant, stupid, or have a deep vested interest in status quo.

    1. Re:Free market by QX-Mat · · Score: 5, Insightful

      Exactly!

      This is good news and it goes to the heart of the treaty of Rome - that competition is a fundamental part of the EU, and the EU will move mountains to promote it. I suspect this will be in the form of a very long winded piece of guidance regulation that sits in parallel with Art 81. As someone who has read, reread and read again EU competition regulations and their directives from an academic point of view and professional one, it is mightily refreshing to finally see the EU do what I was told it did well... fight concerted practice and actively promote competition where the market fails.

  10. Re:What I'd Like to Know by WARM3CH · · Score: 4, Insightful

    Well, I don't know what you mean by open. Do you mean open as in people can buy the license and even get the source? (e.g. H.264). Then I guess we live in an open world. Just as a comparison, here is the list of open formats on Windows:

    Audio: WMA (open)
    Video: WMV (open)
    Mail: .pst (open)
    Address book: .pst (open)
    Office apps: .docx, .xlsx, etc. (open)
    OS API: .NET (open)
    OS API: Win32 (open, shared source)
    OS core: NT (open, shared source)

    Hell, why stop there? Everything is open if you can buy it! Did you know that Google's search engine is also open? You just need to afford to buy Google Inc.

  11. Re:What I'd Like to Know by dgatwood · · Score: 4, Insightful

    It's at best disingenuous to call a patent-encumbered file format "open". Yes, it is open insofar as it is documented, and if the designers decided to withhold licenses, could *eventually* be implemented by someone to get your data out of it, but that's not open in the same way as, for example, JPEG baseline is open. The difference is that the JPEG folks started out trying to create an open standard, whereas the H.264 folks started out trying to develop a proprietary codec, then opened up only the minimum amount they could get away with and still get adoption.

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  12. Re:Great News by hairyfeet · · Score: 4, Informative

    Well then the question I would think is "should they be" and considering they own more than 70% of the market and has used that power to stifle competition I would say when it comes to multimedia that would be a big YES!

    Just because Apple makes pretty iStuff doesn't mean they should be allowed to lock down the market or threaten competition. And I would say that iPod pretty much owns the PMP market hands down, which gives iTunes considerable leverage. Frankly I'm just waiting for the inevitable antitrust suit.

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  13. Re:NOT great news by oatworm · · Score: 4, Interesting

    Everyone needs to eat, but demand for any particular set of food products is generally not inelastic - there's no cartel keeping people from substituting butter for margarine.

    Actually, there historically was such a cartel. When margarine first came out, it was illegal in many states in the US to sell yellow colored margarine because dairy lobbies felt that yellow margarine looked too much like butter. Consequently, if you wanted yellow margarine, you had to buy a yellow coloring pack and mix it in.

    Most of those restrictions were phased out or ignored after World War 2.