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> The software is theirs. You are wrong The case against Apple is based on three principle - first sale doctrine: when I buy something I have the rights of r
by romanoderoma 6y ago
> The software is theirs.
You are wrong
The case against Apple is based on three principle
- first sale doctrine: when I buy something I have the rights of redestributing it. Apple disallow it
- Any dependency on the future versions and upgrades for a proprietary software package can create vendor lock-in, entrenching a monopoly position.
- they have the rights to make software that only run on their hardware, the opposite is not implied, hardware is not theirs, they have no legal framework to make hardware that only runs their software. To be more explicit: iOS can be Apple only, but there's no right to make Apple HW iOS only. The hardware is not theirs.
> Their software, their rules.
False, again
Rules are not above laws.
If I make you sign a contract that in exchange for goods and services asks you for a testicle, I can't enforce it, even if you triple signed it with your blood.
> “Be careful what you wish for“. The unintended consequences of this interference are vast
I'm usually very careful
I'm sure they would be for Apple or for US economy
But I am Italian and don't rely on Apple existence, I don't care if they both burn into flames
(spoiler: they won't, they will be just fine, psychological terrorism don't work on me)
In my country many companies already make billions by law, that means they are forced to supply the service at a reasonable price and can't refuse it for any reason which is not approved by a judge
It would be a very welcome improvement regarding US companies behaviour outside US
What's more interesting for me is that if I say "in Italy we all pay for public healthcare so it's almost free for everybody" they scream "communists"
If I say "the State should own a sufficient number of public buildings to give homes to those who can't afford it" they scream "communists"
Same when I say that in Italy insurance companies can't make their own prices and prices can't be discriminatory
These are all traits of modern welfare state that is widespread in Europe, despite not being communists
But when a company abuse of its powers acting like a real communist dictator, showing those behaviours that in US they imagine as being a communist, making rules and forcing everybody to obey them, even when they are debatable, many in US applaud
- parasubvert 6y agoWell, all I can say is “good luck”, you have expressed limited understanding of how software licensing and related contract law works in Europe or the USA. For example there is no first sale doctrine in software as you never bought the software, you an acquired a license. “redistribution of software” is forbidden called “software piracy” and usually against any commercial software license agreement. Free software and copyleft were created as an alternative to this. People can do what they want with the HW, and jailbreak the SW (which runs afoul of the iOS EULA and the DMCA in the USA but this isn’t enforced heavily by Apple).... but Apple has no legal obligation to make it easy for 3rd party OSes to run on the HW, or 3rd party app stores. There has been a 3rd party App Store on iPhone for 12+ years (Cydia) but the Jailbreak dance made it hard to gain mainstream attention.