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turquoisevar

872 karma · joined July 5, 2023

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turquoisevar··on Price fixing by algorithm is still price fixing
This is why nuance and details are key in legal matters and where the sum is greater than the parts. Where the line gets drawn is often unclear and is often a matter of “I know it when I see it”.

Just individually comparing prices isn’t an issue.

What does become an issue is if (at least) all of the following are met.

- You use an algorithm service does automates all of this

- This algorithm uses both public and private data

- The algorithm is ubiquitous and widely used by almost every relevant market player

- The algorithm tells all users to not negotiate and the users abide by this recommendation

- All of the above has a noticeable effect on the market to the detriment of a big demographic of market participants

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
> The core platform service in this case would be iOS itself.

You’re right, iOS is a CPS. But that doesn’t change much in the meaning of the provision, nor does it make it applicable to web developers.

Specifically for iOS it would change to:

> The gatekeeper shall not require [people] to use, to offer or interoperate with [stuff] of that gatekeeper in the context of services provided by [third party devs] who use [iOS].

The PWA engine is a core part of the iOS operating system, so there is no “us[ing]” “offer[ing]” or “interoperat[ing]” with other stuff.

But the point below is more relevant here.

> Also, nowhere in the DMA does it say that there must be a contractual relationship between an entity and the gatekeeper in order for the former to be considered a business user.

True, I’m skipping the minutiae and going straight with the end conclusion.

Article 2 of the DMA contains all definitions.

For business users it states under clause 21:

> 'business user' means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing goods or services to end users

The CPS in this instance is not iOS because iOS isn’t used in the course of providing goods and services nor for the purposes stated above nor can it be used for those purposes.

The CPS in question is as defined under clause (2)(a), namely an intermediary service, more precisely, the App Store.

And Apple only allows usage of the App Store (and its IP needed to make apps) when under contract.

The DMA does not prohibit this, because doing so would be nationalizing private property. Ipso facto, business users are under contract and web developers aren’t “business users” as defined under the DMA.

Hence the main clause in question, the one clarified at the top, doesn’t apply to PWA developers.

> Windows is a designated CPS under the DMA and no contract with MS is required in order for you to make, distribute, and have your users run your software on their Windows PCs.

That’s not a consequence of the DMA, it’s a consequence of Microsoft not monetizing their IP in that way.

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
You’re misreading pretty much everything you’ve quoted from the DMA.

> No, DMA wording made it very clear that it's about web browser engine.

You follow this up by quoting a clause that manages core platform services.

What it says is:

> The gatekeeper shall not require [people] to use, to offer or interoperate with [stuff] of that gatekeeper in the context of services provided by [third party devs] who use the gatekeeper’s core platform services.

A good example where this is applicable is the App Store, which is designated as a core platform service. PWAs aren’t designated as core platform service and there’s also an argument to be made that web developers aren’t considered “third party devs” (or as the DMA calls them “business users” due to a lack of agreement between Apple and them.

> And they cannot make self-preferencing on their products.

Same here. This one is even narrower because it’s only limited to preferential treatment in the sense of “ranking and related indexing and crawling”

> The gatekeeper shall not treat more favourably [in ranking and related stuff] [their own products and services] than [similar products and services by others]

This applies to ranking apps in the App Store. It has no bearing whatsoever on PWAs unless somehow Apple starts ranking PWAs in a list and then chooses to rank their own PWAs higher.

The other one is also much narrower than you’re reading it.

> The gatekeeper [shall not prevent users from switching to and subscribing to different apps including browsers]

This mainly pertains to setting default apps and switching default apps. This tangentially relates to PWAs, but installed PWAs are technically not run in Safari and instead in their own app that uses WebKit under the hood, so it’s not so clear if this would apply to PWAs.

> There's no room for this kind of interpretation in the view of enforcement entity. Apple is just trying to buy time by pretending ignorance.

I can’t distill a lifetime worth of legal experience into a tangible piece of evidence nor are there readily available authoritative sources on compliance with government regulation narrow and simple enough that I can just present them without much worry of you understanding them, especially since you’re already struggling with, what is considered in European legal standards, rather straightforward legal text.

So all I have is a trust me bro, and perhaps an appeal to common sense: Apple’s lawyers didn’t just wake up today and said to themselves “You know what, we were too cautious with interpreting the DMA a couple of weeks ago, I’m sure it’ll be fine if we keep PWA installs without implementing a way for other browsers to install them as well”, much less a variation in which they are trying to buy time by feigning ignorance.

We already know that the EU reached out to Apple about disabling PWA installs. So with that in mind, do you think the lawyers woke up one day and said “fuck it” or do you think it’s more likely the lawyers gave the go ahead after the EU told them that PWA installs as implemented in iOS are beyond the scope of the DMA?

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
Really? This is what you want to spend your time on doing?

> Source for where I claimed this?

Source for where I said you claimed this?

> Source for where I said anything about accomplishments or relevance?

Source for where I said anything about you straight up saying anything about accomplishments or relevance?

> Source? I don't know where this is from at all.

You said: “Hiring someone with a lot of Twitter followers to do something doesn't preclude the company from stopping doing something.”

Now you’re gonna act coy by acting undignified about me interpreting “to do something” and “stopping doing something” to refer to working on PWA support when that has been the topic of this thread the entire time?

Have some dignity.

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
> Investing in PWAs for four years is only going to get you so far when you’re eight years behind the competition.

I don’t think this speaks to intention, the investments that have been made and are still being made bring with them a cost, both in a monetary sense and in other ways. Regardless of the separate question with regards to them having been able to catch up with the competition.

A generous interpretation, with the presupposed premise that they haven’t been able to catch up, could say that it warrants a more favorable interpretation of their intentions if they were willing to invest after having lagged behind for so long, because the required investment would be greater and the pay off less clear.

> (bringing them to a level still behind competitors)

Let’s be honest here. When people say something like this, they’re mainly thinking of Chrome/Chromium-based browsers.

Google is known to have no qualms supporting certain things that both Mozilla and Apple are uncomfortable with, while at the same time implementing a bunch of stuff that isn’t standardized.

On the whole, Safari/WebKit has roughly met Mozilla’s level of support for frameworks and APIs and even surpassed Mozilla on certain things (especially desktop). Of course if the benchmark is just Chromium, then none of it will ever be enough, then again, Mozilla doesn’t seem to catch a lot of flack for drawing a line in the sand in terms of support.

Other than that, Safari seems to be doing great on test suites/benchmarks that focus on progress such as the annual Interop. Consistently[0] keeping up[1] over the years[2], and sometimes coming out on top[3].

> has a lot more to do with staving off legal threats to their 30% cut on native apps (e.g. the Epic lawsuit) than any benevolence towards the web platform.

I tend to stay clear with attributing maleficence or less than generous intentions without something substantial to back it up. Especially when behavior seems to contradict such attributions.

For example, if that where the main motivator then I’d expect a bare minimum approach and Apple dragging their feet, like we see with DMA implementations (e.g., only allowing what must be allowed in the EU instead of globally), instead we not only see improvement of PWA support, in part beyond what Mozilla supports, but also direct contributions of standards that PWAs rely on in the form of improvements..

0: https://wpt.fyi/interop-2021?stable

1: https://wpt.fyi/interop-2023?stable

2: https://wpt.fyi/interop-2024

3: https://wpt.fyi/interop-2022?stable

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
> The histrionical descriptions of other people's takes are like nails on chalkboard and kinda gross. (bloody murder?)

Claiming that Apple is trying to “kill” PWAs is in and of itself histrionic. Especially when behavioral evidence that clearly points to the opposite is completely ignored and the bad faith intents are attributed wholly based on “vibes”. My categorizing that as screaming bloody murder isn’t an escalation in rhetoric[0] in the slightest.

> Jen Simmons isn't a "rock star." It’s a figure of speech within the industry, granted, it typically also implies big ego issues, so perhaps the term isn’t so suitable when it comes to Simmons.

> Hiring someone with a lot of Twitter followers

Trying to diminish someone’s accomplishments and relevance within an industry by pretending they “just have a lot of Twitter followers” does nothing to refute my arguments. She’s one of 82 web developers with a Wiki bio and one of 177 programmers, that alone signifies notability.

Point is that that she’s a high profile programmer and web developer and those come at a premium. That, plus the significant efforts made in the last four years to not only support PWAs but also improve standards, runs counter to the notion that Apple has ill will towards PWAs.

While she has spearheaded a lot of the investment in PWAs, for the purposes of this debate I only brought her up to emphasize Apple’s investments in making improvements.

Even with Simmons out of the equation there’s still four years of significant engineering efforts to reconcile.

> doesn't preclude the company from stopping doing something. You’re begging the question here. Without you substantiating the implication that Apple has stopped improving PWAs, you’re just throwing around empty words.

Nevertheless, it’s clear Apple hasn’t stopped their efforts on PWAs, given that the next Safari update will, again, include a slew of improvements to the benefit of PWAs as can be seen in the Safari Technology Preview release notes[1].

I’m amenable to debate this further, provided you put in some effort into make a credible case with substantiated arguments and you can keep the tone policing to yourself.

0: https://www.merriam-webster.com/dictionary/scream%20bloody%2...

1: https://developer.apple.com/documentation/safari-technology-...

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
Who do you think gave their blessing for PWAs to run on WebKit only?

https://9to5mac.com/2024/02/26/apple-blocking-web-apps/

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
This is the most likely theory.

The notion that Apple was purposefully trying to kill PWAs never made sense in light of their significant investment in supporting PWAs over the last four years, down to recruiting industry rockstars such as Jen Simmons.

Nobody who was screaming bloody murder ever tried to reconcile that incongruence, much less succeeded.

What’s more likely is that Apple’s lawyers went with the most careful interpretation of the DMA, concluded that they’d have to facilitate Home Screen install for other browsers as well, figured it wasn’t worth the engineering effort, especially on short notice, and instead just deactivated it for Safari as well.

Then, after all the bloody murder that was being screamed about, the EU started to inquire[0] both with Apple as well as developers about the consequences for PWAs. Apple was told that their interpretation was too strict (or that they will be given more time to implement it for other browsers, but less likely because such decisions are typically made public) and that they’re fine (for now) with PWAs running in WebKit.

0: https://9to5mac.com/2024/02/26/apple-blocking-web-apps/

turquoisevar··on Apple reverses course on death of Progressive Web Apps in EU
Nope, that’s not what iA says, and it would be a gross misrepresentation of the DMA to be honest.

The section they’re referring to is clause 64 in the lead of the DMA[0] and it is not only limited to cases of interoperability, unlike what iA implies it doesn’t follow with a suggestion that gatekeepers can just ask if they’re unsure. Instead it states:

> In all cases, the gatekeeper and the requesting provider should ensure that interoperability does not undermine a high level of security and data protection in line with their obligations laid down in this Regulation and applicable Union law, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. The obligation related to interoperability should be without prejudice to the information and choices to be made available to end users of the number-independent interpersonal communication services of the gatekeeper and the requesting provider under this Regulation and other Union law, in particular Regulation (EU) 2016/679.

That’s why one of the main criticisms of the DMA is that gatekeepers generally can’t present proposals for approval and have to wait until after implementing to see if it is to the EC’s liking.

That said, the EU has inquired about the PWA stuff[1] and it seems that the outcome of that has been that Home Screen install doesn’t need to be provided for other browsers. Allowing Apple to back down from their careful interpretation.

0: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELE...

1: https://9to5mac.com/2024/02/26/apple-blocking-web-apps/

turquoisevar··on Home Screen Advantage
That’s simply not true.

Don’t take my word as an iOS dev for it, the fact that a bunch of effective ad blockers exist, one of which I use and just told you about, directly refutes your claim.

turquoisevar··on Home Screen Advantage
What a weak argument. So because uBlock Origin refuses to make an extension for iOS, extensions don’t exist?

I use Wipr, and it’s been better than the beloved uBlock has ever been.

turquoisevar··on Mac Virtual Display on Vision Pro Requires Same Apple ID
> Do you know if Apple’s MDM is the same for their retail and corporate employees?

Apple Connect, SSO authentication service, is used by all Apple employees, both corporate and retail.

The actual MDM itself (what is allowed, how much is controlled, what can be accessed, etc. etc.) does vary from corporate to retail and between employee roles and departments and from device to device (BYOD v. Apple owned devices).

To facilitate this they use a bit of a patchwork of mainly in-house developed solutions and Jamf MDM services.

A lot of it is pretty well documented in public, The Apple Wiki page[0] on Apple’s internal apps would be a good entry point to go down the rabbit hole, should you be so inclined.

Just keep in mind that a lot of the information on the inner workings of Apple will be perpetually outdated, due to the nature of that information and its reliance on employees leaking information. You’ll find that most publicly available information is about stuff on the retail side, because corporate employees usually are more risk averse when it comes to jeopardizing their job.

0: https://theapplewiki.com/wiki/Apple_Internal_Apps

turquoisevar··on Mac Virtual Display on Vision Pro Requires Same Apple ID
Apple’s MDM is a bit different. It runs through a SSO service called Apple Connect and Apple encourages employees to use their personal Apple ID to link to it instead of creating a separate Apple ID.

It essentially adds a special entitlement to someone’s Apple ID, similar to how a dev gets App Store Connect access added to their Apple ID when they enroll into the developer program.

This makes it so that every MDM device is logged into the personal Apple ID.

turquoisevar··on Apple broke iPhone web apps in the EU for anticompetitive reasons – Tim Sweeney
How do you reconcile this claim regarding Apple’s intent to crush web apps with their increased investment in supporting PWAs over the last four years up to and including the upcoming Safari release and recruiting top talent such as Jen Simmons to achieve this?

If I were aiming to prevent web apps from competing with my App Store, I wouldn’t be telling a bunch of highly paid engineers to directly work against that goal, much less be recruiting celebrity engineers at a premium and contributing to and creating specs that help web apps provide a more native-like experience.

turquoisevar··on PWAs wont replace native iOS apps
> Siri won't learn from Safari activity, anymore?

Can you clarify what you mean by this?

If Siri would be the one benefiting (which is what you seem to be saying?) then it wouldn’t give Safari an unfair advantage.

No virtual assistants have been designated as gatekeepers under the DMA so preferential treatment of Siri would still be allowed.

That said, to my knowledge Siri doesn’t “learn” from Safari in the sense that it improves or trains on Safari user data.

Instead Safari, and all other apps, including third party apps, can provide information to Siri to be shown during search as well as providing shortcuts so the app can be controlled via Siri. Users have control over this to a degree so they can exclude information from certain apps.

Alternative voice assistants offer similar APIs to receive information and support voice commands for third party services.

> and a dozen other similar questions...

I’m all ears.

turquoisevar··on EU to hit Apple with first ever fine in €500M penalty over music streaming
I see this point, and others similar to it brought up often, and I think it stems from misunderstanding what antitrust regulation is trying to solve.

By the way, I say this respectfully, not as a dig towards you.

From a US antitrust perspective, almost all commerce has anticompetitive characteristics. Think about it: very few businesses will act in a manner beneficial to their competitors. Most will actively act against the interest of their competitors, but almost all will not go out of their way to facilitate their competitors (passive anticompetitive behavior, if you will).

Straightforward concepts to understand what I’m trying to say here are things such as Pizza Place A not selling stuff made by Pizza Place B. Closer to home, another example would be a device manufacturer, like a smart thermostat, not allowing their competitors to create software and apps that replace their software.

Behavior like this can be found all across commerce, from small businesses and startups to big corporations.

So the legislators (to a lesser degree) and the courts, understanding that laws need to be applied equally regardless of who the parties are, recognized that if they’d purely penalized anticompetitive behavior in a general sense, it would severely impact commerce in general. Even prevent competition to a degree by preventing new market entrants from making their products work exclusively for their own benefit.

Analogous to this is the idea of penalizing all monopolies. The issue with that would be that so-called “organic monopolies,” sometimes also called “innocent monopolies” (i.e., companies that gained a dominant market share by merely being successful), would be punished for their success alone.

Instead of banning all anti-competitive behavior, and analogous to this, banning all monopolies, they came up with the idea that only those that leverage their market dominance to protect or increase their market dominance should be penalized.

There are a bunch of nuances to be had, but in a nutshell, this means that imposing something onerous is okay while you don’t have dominant market power, but doing it while you have dominance would be a no-go.

Subsequently, this also means retroactively penalizing particular behavior initiated before gaining market dominance is generally not done because it indirectly punishes success.

Circling back to the example of Safari (or WebKit, to be exact), when Apple imposed this rule, it had an insignificant market share and little leverage. Because they maintained this rule from the beginning, this would not be deemed an antitrust issue.

Had Apple not imposed this from the start, but instead, had they started imposing this after they gained market dominance, then it could be an antitrust issue because now you’re leveraging your market dominance against parties who may not be able to withstand this pressure due to a variety of reasons such as being dependent on the ecosystem.

Apple is very conscious of this, which is why it generally starts with a very restrictive set of conditions, and sometimes, along the way, it loosens the reigns because doing the opposite way is not an option for them from an antitrust perspective.

Two clear examples of this come to mind.

First is the App Store, and it's often derided commission. Apple started with a simple 30% commission fee.

Later, they provided a 15 percent point discount on recurring subscriptions after the first year, followed by the same discount for streaming services in the Apple Video Partner Program, followed later by the same discount for developers in the Small Business Program.

Had they done this the other way around, say they started with 15%, learned after gaining market dominance that the 15% wasn’t sustainable, and then tried to increase it to 30%, they would be opening themselves up to antitrust penalties.

Related to this are their guidelines that prescribe what kind of apps are needed to implement IAPs. It started with all apps that provide products and services that weren’t consumed outside the app (i.e., physical). Then they added the so-called “Reader exception,” later, they exempted free apps that are a companion to specific online tools such as email and cloud storage.

Now that they allow game streaming services, they need to offer IAPs for services sold outside the app, at least for now, because they can always loosen the requirements but never tighten them.

The other example is their relationship with carriers. When Apple launched the first iPhone, and they were insignificant on the mobile phone market, they were only willing to partner with carriers that accepted their prohibition of installing bloatware on the iPhone.

A couple of years later, when they had gained a significant market share, Apple decided to implement Hotspot functionality, FaceTime, and FaceTime audio.

It stands to reason that Apple wanted all carriers to support this functionality on their terms (i.e., without impediments for users), but taking the same stand on this as they took on bloatware, something that would’ve been way easier now that iPhones were a hot commodity, could be seen as levering their market position.

The result is that carriers could do as they wanted with these functions by carrier profiles. In the beginning, a lot of carriers would turn off the hotspot functionality on some plans and would disable FaceTime use on the cellular network; later on, the carriers relaxed with FaceTime usage on their network, but many now put a data cap of sorts on hotspot usage.

Clearly, Apple felt it might lead to antitrust issues if they told carriers to fully support these functions or not expect to be supplied any iPhones for them to sell.

turquoisevar··on PWAs wont replace native iOS apps
And what do you say to those who point out that Apple has invested significantly in supporting PWAs the last 4 years or so?

To the point that PWA support matches, and in some cases surpasses, Firefox with more on the way as we speak?

Doesn’t that run counter to this theory that Apple is purposefully making PWAs unviable to the benefit of their App Store? Why take away the biggest hurdles that PWAs had on iOS if that was the goal?

turquoisevar··on PWAs wont replace native iOS apps
Pretty much.

You emphasized “all” to imply there are so many, but honestly I can’t think of much beyond what they’re already mitigating to comply with the DMA.

You’ll get a browser selection screen now, other engines will be allowed, default browser choice gets further expanded in terms of implementation so it essentially ensures you never have to touch Safari.

The only thing that is being torn out is PWA installation on Home Screen because it would be yet another significant architectural change that comes with some significant engineering effort during a time of crunch, when the install rate of PWAs is abysmal as it is, even on other OSs.

Seems fair to me.

turquoisevar··on Apple confirms it's breaking iPhone web apps in the EU on purpose
> That's kind of the point, PWAs don't have parity on any platform

That’s not true, nor what I posited. PWAs have almost all the native features, if not all, depending on the platform. Plenty of “pro-PWA” people go out of their way to demonstrate this[0].

I’m talking about install rates and usage by end users in a way similar to using a native app.

Whether you agree on parity or not, you seem to concede that PWAs aren’t wildly adopted the way native apps are.

As such, it makes sense that Apple wouldn’t want to waste engineering resources on it by rewriting the underlying architecture, which is the topic at hand.

That in and of itself ends the debate.

You then go on, OT, about whether Apple should or shouldn’t position websites and PWAs as legitimate alternatives.

Saying:

> but Apple's platforms are the only ones where it is being positioned as a legitimate alternative

Specifically, Apple states[1]:

> If the App Store model and guidelines are not best for your app or business idea that’s okay, we provide Safari for a great web experience too.

An alternative isn’t, as you seem to imply, an identical option; instead, it is simply understood to mean a different choice, usually a choice different from what is usual.

One might say, "In the absence of a better alternative, we’ll have to proceed with our original plan.” This use in and of itself implies that one option is better than another, thus not identical.

Whether something is “legitimate” or, more specifically, a “legitimate alternative” entirely depends on the person making the consideration and the value judgment they make based on their needs and wants.

I might consider soda a “legitimate alternative” to coffee because I’m just looking for a beverage, whereas a different person might not deem it a legitimate alternative. After all, they are solely interested in a warm beverage.

With that in mind, I consider web pages, particularly PWAs, a legitimate alternative to native apps because most native functions are available to PWAs on iOS. You might not because your need might be one of the few things PWAs can’t provide.

That doesn’t make it a bad-faith argument on Apple’s part; they never claimed that PWAs are an identical option to native apps via their App Store. They offered up an alternative that can provide some, if not most, of what a native app can provide.

You continue with your OT by presenting a false equivalence

> Android has "sideloading", Windows has REGULAR loading.

It’s a false equivalence because neither Google nor OEMs present sideloading as a legitimate alternative; it simply exists, but it’s not promoted as an alternative option.

Google specifically likes to write copious amounts of words in blog posts[1] and whatnot, talking about how great PWAs are while wearing their Chrome hat. Meanwhile, the PWA experience on Android is marginally better than that on iOS, provided you use Google’s browser. Where is your indignation for that? They’re promoting PWAs harder than Apple will ever do.

For that matter, Microsoft also doesn’t call “regular loading” a legitimate alternative, so again, your equivalence makes no sense.

> It doesn't matter who joined Apple when and did what

Of course it does; if you don’t go OT, that is. Whether Safari is or isn’t suitable for PWAs is essential to assess if PWAs are used in meaningful quantities.

If someone posits that Safari doesn’t properly support PWAs when that isn’t true, like GP did, then it’s important to point that out and provide context on when that changed.

It doesn’t matter to you because you’re having an entirely separate discussion.

> PWAs on iPhone are not like native apps

Yes, they are.

As stated above, they’re not identical, but they are similar to, or if you prefer, “like” native apps.

> it's not even really close

This is a value judgment because it requires that you and I agree on the definition of “close.” I argue that they’re pretty close because they can do about 90% of what native apps can do.

> It's good that this pathetic line of argument wasn't much of a deterrence for the EU.

Let’s keep it classy and within HN guidelines.

> What people want isn't PWAs

Hence, the low install rate of PWAs and why it’s not weird that Apple didn’t decide to spend engineering resources on rewriting the underlying architecture for PWA installs.

Again, that, in and of itself, ends the debate.

> they just want the kind of capabilities that computers have had for decades, including many of Apple's current computers for sale today. To be able to install an application and run it.

I’m not sure what you base this on.

From here, it looks like you’re projecting your own wants onto the average iPhone user base at large. Do you have anything that expands on how many iPhone users share your vision?

The commercial success of iPhones suggests that not many seem to care for this.

I suppose alternatively, you could argue that the fact that Android dominates globally indicates there is a demand for this in the smartphone market[2]. Still, the obvious question then becomes why those iPhone users wouldn’t just join in Android’s dominance and switch over, particularly those who feel so strongly about this that they’d spend their time online lamenting its absence.

0: https://whatpwacando.today

1: https://developer.apple.com/app-store/review/guidelines/#int...

2: This is simplified, of course; one feature wouldn’t be the sole driver of Android’s dominance

turquoisevar··on Apple confirms it's breaking iPhone web apps in the EU on purpose
> The whole reason they are low usage on PWAs is because of a lack of investment from Apple and a lack of parity

This is a trite argument that hasn’t been true ever since Jen Simmons joined Apple in 2020 and changed the course of Safari significantly to the point that PWAs not only are viable, they have been given feature parity with native apps on many fronts.

Simultaneously, the argument completely bypasses the fact that install rates of PWAs are abysmal on any platform. Whether it be iOS, Android or Windows.

Contrary to what PWA developers, industry organizations and other stakeholders proselytize, PWAs aren’t the second coming and the next best thing since sliced bread. At least not when it comes to install rates.

Edit:

Don’t get me wrong, I’m sure they’re great as “websites”.

Lord knows people who sell PWAs[0] love to brag about bounce rates and conversion rates and what not. But there’s a reason why you can find barely anything about install rates other than some vague statistics about individual unnamed PWAs[1] or PWA sellers[2] talking about obviously bogus 10x and 3-5x install rates, and it’s not because the PWA crowd is too shy to brag.

0: https://www.pwastats.com/

1: https://developer.chrome.com/blog/pwa-install-features

2: https://mobsted.com/pwa_vs_native_mobile_apps_install_rates_...

turquoisevar··on European Court of Human Rights bans weakening of secure end-to-end encryption
It's the other way around, actually… sort of.

It means that a Dutch court can't test the constitutionality of laws made by the Dutch government in concert with parliament. In legal parlance translated from Dutch, these would be called "laws in the formal sense."

The way it works is that the Dutch government (i.e., the Dutch ministers and the King, albeit the latter only in a ceremonious role) proposes a bill, and the two Dutch legislative houses (House of Representatives and Senate) vote to pass it.

A law that is a product of this process is deemed a "formal law" or "law in the formal sense." Courts cannot test these against the Dutch constitution (i.e., look to see if they're constitutional).

Other forms of legislation can be tested against the constitution by courts.

These are called "material laws" or "laws in the material senses" because, materially, they function as a law in the sense that they prescribe something and are generally binding. Still, they haven't been established in a "formal" manner through the process I described above that involves the government and parliament.

Examples of such material laws are municipal ordinances and royal decrees issued by the Dutch government (akin to the American executive orders by the US president).

Some laws that have been materialized through the process described above are also considered material laws instead of formal laws, but that's more a matter of exception when they don't have a generally binding character for all citizens (e.g., a permission law for the marriage of a specific member of the royal family).

A judge can't look at these formal laws and rule that they're unconstitutional.

Ironically, the Dutch constitution itself (art. 120) prohibits this test.

The logic at the time was that they wanted to prevent the judicial branch from second-guessing the legislative branch and that if it misbehaved, the voters could punish them during the next election round.

Additionally, they wanted to enshrine that the government, in concert with the two legislative houses, should be the unimpeachable sole authority to create laws.

However, this means that the Dutch constitution functions more as a set of guidelines for the highest level of legislators than a strict set of rules to abide by.

That said, nowadays, there is some political will here and there every couple of legislative sessions to reform it so that the courts are allowed to test against the constitution, with some ideas even going as far as establishing a formal constitutional court for this purpose.

As someone who used to practice there, I think it's more a matter of trivia that raises eyebrows in your first year of law school than something with many practical consequences.

As stated before, international and EU treaties have taken over the Dutch constitution's role in keeping the legislator in check. So far, legislators haven't sought to cross the lines in remarkable ways.

Nevertheless, I'd welcome testing constitutionality as an extra layer in the legal firewall, provided it's designed in a way that leads to results seen in the German, French, and Scandinavian models, as opposed to the results and effects caused by the SCOTUS in the US.

turquoisevar··on Developers revolt over Apple's new app store rules
The topic at hand is developers, more specifically developer sentiment towards Apple and the App Store.

That is the topic of the article (RTFA) and it’s the topic of the GP you replied to originally.

You had no qualms going OT talking about what users would or wouldn’t like, but now when I try to stay on topic and talk about developers, of which Netflix is one, you want to pull the OT card?

turquoisevar··on European Court of Human Rights bans weakening of secure end-to-end encryption
Prefacing this with the fact that I never had a good feel for UK law due, in part due to it being a common law system vs. the common law system I’m more familiar with on mainland Europe. Plus, I’ve not kept up with what, if anything, the UK maintained concerning supranational jurisdiction after Brexit.

That said, what you describe is similar to that of some EU countries. Take the Netherlands for example.

In the Netherlands, courts can’t test laws passed by the Dutch parliament to the Dutch constitution. Even the Dutch Supreme Court doesn’t have that power (and Dutch legal scholars will therefore deny that the Dutch Supreme Court is a so-called “constitutional court” like the Germans have, for example).

Still, in practice, this is a non-issue because the legal hierarchy places international and EU law above Dutch law, making it the supreme law of the land.

Subsequently, this allows Dutch courts to test against international and EU law, which, for the most part anyway, have similar provisions to that of the Dutch constitution when it comes to (human) rights.

I suppose the question I’m asking is if in practice, the situation is the same or similar in the UK?

turquoisevar··on Developers revolt over Apple's new app store rules
You’ve got it backwards.

The US allows for a lot of interpretation on intent and context by judges. In the EU this is far more restricted and the black letter law is way more important.

That said, in the EU there’s more of a tradition in civil law cases to deviate from the law and agreements for “the sake of equity” (i.e., civil law judges love to split the baby and have everyone be a little unhappy).

This is of course not civil law but administrative law, which in the US isn’t really a thing. In the US non-criminal cases involving the government are adjudicated according to civil law v (for the most part).

Source: before getting into software engineering I practiced law in the EU, during my last years in law school I focused on comparative law, now living in the US and married to a lawyer who went to law school in the US Or you know, just trust me bro, because I’m just a stranger in the internet.

turquoisevar··on Developers revolt over Apple's new app store rules
> Most developers are pleased with the current paradigm. I am.

I’m also a developer that is very happy and who’s sick and tired of corporate devs acting like they speak for me, followed by outlets who echo everything they say like it’s gospel.

turquoisevar··on Developers revolt over Apple's new app store rules
Users obviously would like to pay less. But you imply that lower commissions somehow trickle down to users.

I happily admit that I pocketed the 15% discount I got once the Small Business Program launched and so did all of my peers. I can’t think of a single example where a developer in the SBP lowered their prices.

As such, I don’t see what users have to do with it. Not that it’d matter, the topic is developers and how content they are.

The big developers don’t seem to care about the commission either, not really anyways. Is a symbol for something else to them.

Netflix has had access to 15% for years now via the Apple Video Partner Program[0] and they’ve never even entertained the option because they’d rather take the potential loss in sales than to play nice with the TV app on Apple TV.

0: https://developer.apple.com/programs/video-partner/

turquoisevar··on I Was Illegally Fired by Amazon for Speaking Out About a Coworker's Death (2023)
Sadly, and I say this with all the love for my Polish brethren and sisters, Poland and many Eastern European countries still have some catching up to do.

The silver lining, however, is that these countries make significant headway at a steady pace.

Especially the countries that are part of the EU are constantly improving, partly because they have to adhere to the EU-wide minimum baseline.

So I've got faith they'll get there.

But this lagging behind, for lack of a better world, is also, in part, why many US companies that want to expand into the EU set up bases in countries like Poland. It's generally cheaper and is the “least bad” from the corporations’ perspective regarding labor rights.

turquoisevar··on I Was Illegally Fired by Amazon for Speaking Out About a Coworker's Death (2023)
Your framing is a bit disingenuous.

For one, there’s, of course, the simple matter that these kinds of things shouldn’t happen and that cases like hers bring it to light.

The implied alternative by you would mean companies can keep being poor employers because people would walk away, and nothing would change for the ones that stay behind and are affected by it.

And then there’s, of course, your implication that everyone is in the fortunate position of being able to walk away from a job or let go from a job without the slightest inconvenience.

In reality, a lot of people work because they have to survive. Losing a job can be an earth-shattering experience for many because of the implications it has on their ability to survive.

The solution to employers creating poor or dangerous work conditions isn’t to say, “Let the market sort it out,” and then blame the victims. The solution is to regulate employers and to punish them hard and often when they create those work conditions.

The main reason for this is because of the highly skewed power balance. One side has a fundamental need for survival, the need for money to pay for shelter and food, while the other side mainly has to worry about shareholder value and profits.

This power imbalance always ensures there will be people desperate enough to take on any job, no matter how shitty or dangerous, to the point that they’ll even rationalize it and delude themselves.

One way to balance out the powers a bit more is regulation on working conditions, and another is creating social safety nets and improving standards of living that guarantee a level of survival regardless of whether you hold a job or not, which allows people to walk away from poor working conditions.

It is in countries where these measures are lacking or non/existent, where you see many people taking up jobs that have questionable or outright poor working conditions.

This is why you see a proliferation of gig workers, MLMs, and people willing to take on jobs with poor pay and poor working conditions in those countries. You’ll also see the exploitation of people with lesser legal protections in those countries, such as children or undocumented immigrants.

Ironically, in countries with better regulations and where they facilitate programs that ensure everyone can survive regardless of employment status, you’ll see more of the classical “free market” effects you allude to.

People who walk away from a job that has poor working conditions or people who won’t even take up a job with such conditions, which in turn motivates employers to improve the working conditions beyond the minimum conditions as prescribed in regulation. It turns out that when people don’t have to worry about being homeless and hungry, people can negotiate better working conditions, even if the negotiations are done with their feet.

turquoisevar··on I Was Illegally Fired by Amazon for Speaking Out About a Coworker's Death (2023)
That might be part of it, but far and away the main reason for that is to offset the state’s ability to tout about having no income tax.

There’s a list floating around by some personal finance blog that ranks the states based on effective tax rate across most taxes citizens are subject to and Texas consistently ends up remarkably high on that list due to the other taxes being relatively high.

Texas is essentially the personification of a low sticker price with hidden fees (e.g., “starts at $0”).

turquoisevar··on Is Apple breaking PWAs out of malicious compliance?
Fair, you got me there.

I meant more so regarding future plans and other than release notes.

But fair is fair, they make comments in their release notes.

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