No, Italy isn't banning the iPhone
On June 23rd, 2017, a lot of noise was made by an Italian newspaper that said that our new Senate Act 2484 had the potential to "ban the iPhone in Italy" (here's an English article). That's just wrong. This is a "device neutrality" bill, protecting a principle every bit as important as net neutrality, and it won't ban the iPhone, but it will protect and benefit Italians.
The controversy stems from Article 4 of the act, which states that a
consumer has the right to use any lawful software (be it open source
or proprietary) on their own devices and no company can prevent the
consumer from doing so. Apple's App Store model does indeed stop iPhone
owners from installing rival software, and Article 4 covers this
practice and others. But Article 4 doesn’t directly ban the concept of
a “closed” app store.
The law only kicks in when two conditions are met: when there is a closed app
store and that store imposes unnecessary discrimination. The normal
remedy in this situation would be a decades-long antitrust action at
the EU level. The new law simplifies this process and gives immediate
relief to ordinary people.
Under this new bill, a complaint can be raised at the Italian
competition authority, the AGCM,
where it will be treated as a consumer protection case which can be
resolved within Italy in just a few months.
To be even more clear, if a software application can technically run on
a device, but it gets discriminated against or banned by the company controlling
the device for a non-technical reason, that would fall afoul of this law
and be judged promptly on consumer protection grounds, by the Italian regulator for antitrust and consumer protection.
This law is, in effect, a safety valve against discrimination. If there
is no discrimination, nothing happens. When discrimination occurs, the
case can be decided with simple and short legal procedures.
There's no risk of a shutdown of Apple (or Microsoft!) in Italy. As a
matter of fact, when Microsoft was heard at the committee of the chamber
of deputies, prior to the approval, the company's execs expressed positive
views on the bill. Apple declined to participate or to file a written
response. Google and Facebook expressed positive opinions as well.
We believe that this law protects consumers with a clear, fast way to
protect their rights against discrimination practiced by large
corporations, and resolve their cases in reasonable time.
After years of poorly-received MacBook Pro models, Apple’s new sixteen-inch model has a lot riding on it.
In 1994, Apple’s Mac OS 7 licensing program briefly enabled other companies to make and sell Macintosh computers. In response, Apple employees “Dave Garr & The Licensees” created this delightful parody of Tiffany’s “I Think We’re Alone Now.” (via r/Apple)
“You can wake her up at 5AM, she won’t complain.”
Sous vide cooking: It sounds fancy, but it’s actually one of the easiest and most reliable ways to cook. It’s the reason why many restaurants are able to put out delicious dishes with a consistent flavor. All you need is the right equipment, and that hasn’t always been available to those outside the resto crowd. […]
The more you use your computer, the more it becomes possible for others to use it too. Where there are anti-virus systems, there are hackers looking for a way to get around them. That’s why it’s important to get software that doesn’t just passively scout for viruses in the background. The folks behind GlassWire have […]
Knowledge is power. It’s a cliché, but sometimes things turn into a cliché because they’re true. If you’re making your way through the world of business and entrepreneurship, it only makes sense to read about the insights of people who have climbed that ladder before you. Trouble is, the modern workday doesn’t leave a lot […]