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by turquoisevar 837 days ago
No, you understand it correctly.

People are just being dramatic because they’re not getting what they want.

The DMA doesn’t even stipulate a 30 day provision, just a stipulation that it applies to people who live or are located in the EU. There’s a bit of wiggle room on how to read that (i.e., people who live in the EU, people who are located in the EU, people who live or are located in the EU) and Apple chose the middle road, presumably with the expectation that if it turns out to be an issue it’ll be settled before the CJEU.

3 comments

It specifically says "end users established or located in the Union". It sounds to me like Apple did not fully understand the definition of "established" and took the classic route of "if I don't understand it, it doesn't apply to me" rather than ask any EU institution to elaborate.

I hope this malicious approach will indeed be settled before the CJEU... with a hefty fine.

Let us just hope
a stipulation that it applies to people who live or are located in the EU

if i travel to leave the EU for longer than 30 days, do i no longer live in the EU?

according to tax law, i am considered living in the EU as long as i spend at least 6 months per year there. so by that metric, the feature should be available for at least 6 months after leaving the EU.

you still live in the EU.

But the second you step out of EU, EU laws stop applying to you.

Ok let's say you're completely 100% right both "logically" and "lawfully", but you as sure aren't right "morally", and "morality" is the job of judges and they are going to fuck Apple in the you know what you know (hopefully) so why defend this?

Spirit of the law vs word of the law and all, you know... jeez

since i still have to pay taxes, that is obviously false.
you pay taxes because you live in the EU, even if you leave it brifly..

On the other hand, i am a EU citizen that live abroad and i do not pay any taxes in EU.. Unless i am visiting when i have to pay sales and services taxes..

But i pay taxes in the country i live, and i have to do it even for income i earned abroad..

And sure, there are some countries that make you pay income taxes if you are a citizen even when you live and have income abroad, like the US, but one could argue that you still have access to government services even while living abroad and those are paid via taxes.

this does not change the fact EU laws stop applying when you leave and restart applying when you come back..

> live

There you go...