[Despegar]

Malicious compliance and "spirit of the law" aren't real things when it comes to the legal system. You either comply with the law or you don't. And courts will ultimately decide if Apple's interpretation of the DMA complies or not.

[shaky-carrousel]

They are, in Europe. We don't really like companies not following the spirit of the law. Companies usually learn via fines. Luckily for us, Apple is a slow learner.

[ginko]

>Luckily for us, Apple is a slow learner.

Why is that lucky for us? We want them to comply to the DMA. The fines are a drop in the bucket.

[paulmd]

It’s lucky because to a lot of android fans it isn’t really about consumer outcomes, it’s about finally legislating a solution to the android-iOS war.

If you can’t win in the marketplace of ideas, just ban walled gardens entirely. Flip the table and ban your competitors’ business model, bioshock style.

Now of course, since obviously most android fans aren’t actually owners of a major company… they aren’t really “your competitor” unless you’re parasocially attached… this is a rather obvious commentary on the degree of parasocial attachment that so many people seem to have towards android and against apple… but here we are.

https://paulgraham.com/fh.html

In short: Freudian slip. They said the quiet part out loud. Hurting apple is the goal here.

[dwaite]

> If you can’t win in the marketplace of ideas, just ban walled gardens entirely. Flip the table and ban your competitors’ business model, bioshock style.

But the DMA doesn't ban walled gardens. It requires the availability of competitive alternative marketplaces, which can certainly just lead to multiple walled gardens.

[shaky-carrousel]

This is like saying "if you can't win the market, just ban slavery completely". Walled gardens are plain wrong, no need to invent a "market" justification.

[shaky-carrousel]

They eventually will comply. In the meantime, they provide money via fines.

[shortsunblack]

Spirit of the law is literally a thing and EU courts interpret in line with it. Each and every EU directive has first lines state the spirit.

[Muromec]

Malicious compliance is totally a thing in this specific case and is expected to happen. The act itself is written in a very pointed way so to say.

To make matters worse, the executive is given powers to tell Apple what exactly they need do to comply if they start funny business.