WEBVTT

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I think we should get started on this panel. It's super exciting. We're glad you're all here.

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I just want to introduce this panel hosted by Lucas that is breaking tech monopolies in Europe,

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a fire site chat with the European Commission, and I want to welcome Victor and Alexander from the European Commission.

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Thank you so much for joining us, and I'll leave it to you, Lucas.

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Here's a microphone for you to go back and forth.

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Lucas, just new when you're not talking.

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Okay. Everybody can hear me? It's okay.

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So I'm really, really glad and very happy to see everybody here look at the room is completely full.

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And it signs of successful that people are interested in the digital market sector.

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And it's interesting in the work of the Commission.

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And I think we will have a great time here discussing the future of the DMA.

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So my name is Lucas Lasotta, and I work for the Free Software Foundation Europe,

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and we have been engaged since the beginning on the legitimacy process of the digital market sector.

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Now we need this enforcement.

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And in this far chat, I would like to bring the Free Software community closer to the work of the regulator,

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which the Commission is the enforcer of the digital market sector.

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With that, I would like our guest, Alexander, and Victor, first to present yourself,

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and also to explain a little bit what is the DMA, and why it's important for the Free Software community.

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Well, thanks, Lucas, and thank you very much for having us today.

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It's very, very pleased.

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Well, my name is Alexandra, I'm a case handler in the DMA team.

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I'm working in the EConnect, but it's the European Commission that is doing enforcement as Lucas is saying.

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Maybe I was thinking that as a sort of introduction,

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because I assume that most of you are aware of the DMA and what we tried to do with the DMA,

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but perhaps for those that are a little bit less familiar,

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maybe I can say a few words.

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So then this question would be more meaningful for you.

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So essentially in the DMA, we are regulating what we call digital gatekeepers.

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Those large companies that were designated formally as gatekeepers,

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they happen to be kind of the largest companies that provide the digital services.

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And we are regulating certain services that we consider there are gateways.

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They say services that sit between business users that can be developers,

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and whoever is using this service in order to provide all the services.

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And on the other side of the gateway, we have end users.

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We have in the DMA plenty of obligations, because the DMA is to actually open up that gateway.

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It's kind of to lower the level of dependency that business users and end users have on those services.

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And these obligations range from data related to duplications,

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such as a ban on data combination between services of the gatekeeper.

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They also go into commercial, regulating commercial,

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more commercial relationships between the gatekeepers and business users.

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Interoperability obligations that was just talked right now.

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We have also transparency obligations.

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This is, we have a huge panel of obligations that apply to gatekeepers,

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and that kind of the developers can benefit from.

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So hi, I'm Victor, I'm a colleague of Alexander.

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So also one of the case handlers, and I think one important thing to add is,

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of course, the digital market sector is quite unique.

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There is a commission as a regulator.

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There is a lot, of course, needs to be enforced.

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But the topic is very technical, of course.

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We have to regulate these gatekeepers, how they're hardware, software,

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interact with end users and business users.

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So we have a very multiple multidisciplinary team.

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Alexander is one of the lawyers.

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We have a lot of economists as well to understand the business models

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that these gatekeepers have and the impact that has on the obligations.

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And one of the, we call ourselves a technologist,

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software engineer in training, which is, of course, very important to understand

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these obligations to really go down into a very deep technical level.

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And to the impact that the MA will have on how these gatekeepers proceed.

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So we really need like these different people, these different backgrounds,

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and to fully do our regulatory work.

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Excellent.

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So as I correct and understood, the DAV is not about regulating competition

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between the large companies, but also to level the playing feud,

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allowing access seekers to access the type of technology and infrastructure

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that is being created and gate kept by this companies.

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And in this sense, I would like to know if, especially not only from the technical,

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but also from the technical perspective, has been the free software community

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useful for each one to understand how, for example, we just had the presentation

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from Mark from FFA, who break down these concepts and how this interconnecting

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to interpret and did the free software community help to understand better

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these concepts on the enemy?

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Yeah, maybe I can tackle the first question because the second is technical, so I believe that's a bit.

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But yeah, I mean, it's not about competition between, as you say, between big companies.

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I mean, ultimately, the main idea of the DMA is actually, as I was saying,

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is just to lower the degree of dependency that we have on these services.

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Of course, that means that everybody can benefit from them,

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that also implies big companies, in the sense that they are business users as well,

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and sometimes they offer services to each other.

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And that means that initially, they are not excluded from being beneficiaries.

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Now, that doesn't mean that it's to regulate their relationships,

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but it's about breaking up that dependency to lower the degree of,

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you know, that it's actually to make to eliminate intermediaries,

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so to speak, and the degree of determination between these companies and the business users.

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And that, of course, implies more about, you know, it's the ultimate goal.

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Normally, we say that the DMA and it's written in the MA, and it's what we have in the law,

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that is to make digital markets more contestable and fader.

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And ultimately, the goal is actually to kind of leave the room for innovation,

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and it's actually where developers and the free software community actually can benefit from,

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it's just to have more space for them.

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All right.

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Indeed, that's our example points out.

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The free software community is just kind of a special position in this relation,

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because, of course, if you have interaction between gatekeepers,

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those are both beholden to this law, but the free software community,

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of course, has its unique characteristics in terms of

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its abilities to benefit from the digital market sector,

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and it also has a very unopposition in terms of being helpful and a discussion.

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They not only have this very deep,

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but can technical knowledge of how access to gatekeepers,

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software and hardware, for example, could benefit them.

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They're also very principal.

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They really are focused on openness, on the freedom to do with your devices,

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and so on what you want.

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They have also an emphasis on security and privacy.

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So they have this mission for openness.

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So this brings a very unique interaction, and also a unique role in the interactions

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that they can have also with us as a regulator.

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Yeah, that's excellent.

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Actually, I'm very happy that last year we met,

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and also we had this exchange.

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And during the whole year of 2024,

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we had a very deep dialogue with the commission,

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and the free software foundation,

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Europe, together with partners from left-row,

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a depth fair, and new taller.

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And we worked together with some bit positions that the commission responded.

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And I think it was a nice regulatory dialogue that we could establish in order to try to put the demands forward

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in order to put the interests of the free software community over there.

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And having what you both just said,

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well, I am a lawyer by training, and I'm also a legal researcher.

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And one thing that I learned in the law is that law always has some different interpretations.

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So it's not very possible to say there's just one interpretation of the law.

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And here at the DMA, we are dwelling perhaps with a clash of cultures.

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We have the free software community,

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which takes usually reads the DMA more permissively,

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if you will, and looks in the latter of the law and say,

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we need to interpret this broader, right?

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But then we have, and the other sides,

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we have apples and Microsoft of the life,

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when reads the laws at all.

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This is not how you are thinking,

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it should be reading, it should be closed,

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and the approach is much more restrictive.

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How the commission deals with that?

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Yeah, no, that's a good question.

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Sorry, yeah.

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So I mean, but this is not unique to the DMA.

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It's actually about any regulation where you have the text that you have,

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and you have to work with that.

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And as you say, it may be interpreted sometimes,

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different ways and the different actors,

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of course, they are going to actually interpret that from their perspective,

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and to their benefit.

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And that's normal.

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I mean, one key, maybe this is a very legal answer,

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but one of the things that when it comes to interpreting these types of text

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is that we have to look at the intent that is behind the legal test.

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And for that, for example, the court is going to say,

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okay, what's the intention of the legislators

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when they were actually preparing their population?

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Because the idea of this particular obligation, for example,

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of this article.

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And that's essentially what everybody has in mind when it comes to interpreting the DMA,

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or whichever regulation.

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I mean, that doesn't mean that we can have different interpretation.

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And that doesn't mean that if you feel, okay,

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mind interpretation, I think it's a little bit of a stretch,

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so I'm just not going to raise the point,

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or to kind of make the commission aware that this could be an interpretation.

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We always appreciate that type of input,

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because, as you say, we can interpret kind of the legal concepts that we have

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from different perspectives, according to a little bit with the intention of the

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college's leaders.

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Now, if that goes too far, we will tell you in the sense that we would say,

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well, that was not the intention behind the article.

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You know, these are the limits that we have.

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And of course, we have to work with the text that was approved.

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But you know, it's good actually to have that input,

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because sometimes that discussion leads to discover all the things and to realize.

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And at the end of the day, that's always very helpful.

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So it's not about saying, oh, please don't come.

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It's not that we're saying that if you feel that maybe too far,

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we're always very happy to listen to any type of argument and see,

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okay, let's see if this makes sense legally speaking.

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Sometimes what we have is actually developers coming to us with a very technical

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argument and then it's our job with the techniques that we had and the

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economies and the lawyers to say, okay, this is the way that we can translate

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this argument into a kind of a legal argument.

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And this is the way that it could be interpreted in these obligations.

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So we'll always try to see how that fits.

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If it goes too far, we will tell you.

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Okay, no, yeah, that's quite interesting.

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And because legally speaking, this is difficult, right?

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And as I said, we need to see if the arguments,

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they are sound logically and in the sense of the spirit and the letter of the law.

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But now I would like to shift a little bit,

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also not from the difficulties in illegal words,

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but also in the technical role world.

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And I do think that and that's why the teams in the commission,

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they are much disciplinary, right?

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We'll have lawyers, economists, we have technical people.

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And what are the difficulties that when the commission is enforcing the DMA

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are facing in order to bring gatekeepers into compliance?

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Yes, and needs to be able to do our regulatory enforcement work.

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We also need to have this very deep technical understanding of how these products work.

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What kind of data is available?

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Kind of interfaces or how do these hardware and software products interact?

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What are the challenges that the business users and the end users encounter?

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And we have to do this across all the obligations that the DMA as well,

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of course, and they touch upon really different aspects of the digital market.

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And we need to have this very broad coverage.

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We just saw this presentation on app stores and side loading.

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That has, again, it has its more contractual commercial components,

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but it also has the technical components.

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We have to understand how are these solutions implemented and what kind of are the intricacies?

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How does that kind of translate to compliance with the law?

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We also have provisions that say on circumvention, as they saw on how these,

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what the user journey is, how is it actually usable towards end users?

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And the second thing is we, people might have seen that regarding interoperability.

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We actually opened what we call specification proceedings, which is one order two.

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We have to basically an interaction with the gatekeeper kind of give guidance on how to comply with the law.

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And that goes to an extreme technical detail.

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We had it now with Apple.

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Part of it is already in a public.

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We cover everything from how a notification on iPhone works,

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all the way to how we have a peer-to-peer Wi-Fi interaction with all the devices.

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So we need to at all levels at all stages.

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We have to to get into the technical details for this.

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We interact with the gatekeeper.

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We actually also have a sort of a regulatory ride to request that they explain to us how these things work,

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even internally.

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We have interactions with third parties, such as the free software community,

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to understand how actually data they use by software developers,

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by software engineers, how that affects the obligations.

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We do of course also our own technical analysis,

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but we have to combine all of these things on the technical side with the legal side,

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with the economic side, to really properly do the regulatory work,

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and then assess indeed the compliance with the law.

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Yeah, that's not simple at all.

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And right, since the sessions about a fire shed are a chat,

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not only between ourselves, but also between the audience.

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We'd like to make the last question,

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so we also to give floor to the audience.

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Looking ahead, which type of feedback do you would like to hear or to receive

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from the free software community in terms of legal economy and even technical aspects?

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Yeah, so, well, the things we need to understand two things.

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We need to understand, well, how this service is work,

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kind of what Victor is saying,

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we need to understand the very technical aspect of these services,

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and we also need to understand what are kind of the issues that the developers

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and other business uses are actually facing.

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So what we need to know, the type of input that we need,

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not only legal, but it's also taking advantage to say,

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well, I'm trying to do this.

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I believe that the DMA is backing me up on this,

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but these are the problems that I'm facing,

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and that goes from when it comes to,

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for example, simply trying to get an up through notisation,

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for example, you can say,

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well, these are all the problems that I'm facing,

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and therefore I think that we have a problem here.

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And the type of input that we are looking for is actually,

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kind of the input that explains to us,

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all those intricacies that we kind of know,

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because we are not using that service in that kind of in that manner.

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And anything like that, it would be very opposite.

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Yeah, great.

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And the technical is the same in your opinion.

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Yeah, definitely.

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So, indeed, any technical contributions are very welcome,

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again, to support the work that we do to understand,

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across all of these obligations, all the aspects.

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On the technical side, how these products work,

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how people are using them, and what problems they face,

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how the DMA might contribute,

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and need a free software community,

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has this kind of very technical expertise,

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sees its own special types of problems,

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so again, any contributions very welcome.

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Excellent.

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Do we have some time for questions, Kern?

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Yes, we have like five minutes.

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Five minutes.

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Excellent.

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All right.

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So, yeah, anyone has some questions.

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Ready?

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Some people? Okay, nice.

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Hello.

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Thank you for being here.

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So, you mentioned that the objective of the DMA is to improve

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the fairness of the market,

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and that's pretty hard to measure.

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So, what kind of evidence are you going to use to assess

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the behavior of the gatekeepers,

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the effectiveness of the remedies,

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and the impact of the DMA itself?

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Do you want to take a few?

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Because we have five.

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Because maybe see if there are similar questions,

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maybe you can take.

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Okay, so perhaps we can take another question.

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So, that one is about metrics, right?

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So, we're related to the other one.

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How does the European Commission bring in?

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How does the European Commission bring in open source community?

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When it's not naturally coming to the institution.

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So, in topics that Microsoft or Apple may be pushing forward,

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how do you bring back the open source community?

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Another one.

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Do you want to start?

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Let's start the discussion.

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Okay.

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Okay.

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So, your question, which is more about how to measure compliance?

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When it comes only to, no, sorry.

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When it comes not only to fairness, but I suppose also that applies to market

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contestability, right, which is out kind of the two locals.

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I mean, it's not that we have kind of a formula that we can apply and say,

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okay, you know, if I add two plus two, then, you know, this is the result that I have.

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It's more about sometimes the, it depends really on the obligation.

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So, some obligations are really kind of obligations are result

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and we need to see the results.

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If the results are not there, then that means that something is wrong.

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And then it's for us to analyze with the gatekeeper and say,

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okay, gatekeeper, you've been putting this compliance solution on the table,

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but we don't see the results.

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So, where is the problem in all these processes,

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but you are implementing this compliance solution?

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There are other obligations that are less of our result.

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And then there we have to see,

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Hadoq with the gatekeeper, what they see that they are putting in place.

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If we don't see, again, if we don't see that anything has changed,

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then, or if we, for example, some developers are very vocal

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and will come to us and will say, look, this is what they come,

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by the gatekeeper is putting on the table.

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We don't see any kind of appropriate implementation or maybe sometimes,

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you know, on paper looks fine, but then the practical implementation

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and a fit doesn't work.

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So, it really depends a little bit on the context and the type of service

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that we are regulating the type of gatekeepers,

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and gatekeepers have different service.

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I mean, they operate the same service in a different way.

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So, it's not that we have kind of a metric, so to speak,

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because it really, really depends on the actor,

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it really depends on the service,

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and it really depends also on what business you wanted to do with that service, sometimes.

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And in terms of the engagement to the community,

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it's definitely a valid concern.

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We, of course, if we are aware of a specific organization or something,

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or an advocacy group, that would be relevant to engagement for certain obligation,

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we will try to seek out their contribution,

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but at the same time, what we really strongly encourage is that,

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everyone has the right to reach out to us,

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and we have the, I think, obligation to actually process that and to engage further.

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So, in that regard, if you would go to the website of the Commission of the Digital Markets Act,

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there's actually a way to reach out to us to file a request or a concern,

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and that will be followed by,

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we actually have the necessity to be fair in the process,

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and to listen to everybody who files a concern,

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and that I think would be the primary way to reach out to us.

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It's a bit more like you having to do the effort to get to us,

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but once we are aware of these concerns,

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and we are aware of relevant parties,

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we will continue this engagement.

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Excellent, perhaps a former question.

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Yes, thank you.

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I'm just sitting here listening to a session about breaking big tech monopolies,

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while at the same time, one of the main sponsors of this event is one of those tech monopolies.

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To me, that really feels like I'm sitting in an environmental conference,

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organized by Greenpeace, but sponsor by Axel Mobile.

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How do you feel like?

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Well, I think I will take it, because they are our guests.

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Yeah, I think diversity is the rule here in order to, for the success.

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What I mean is that, yeah, it did perhaps we have some sponsors that they are gatekeepers of digital markets,

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but they are not the only ones,

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and I think we need to be diversified in order to depend on them.

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And I think perhaps I don't know about Boston, because I'm not involved in the administration and the marketing,

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but I am involved with the Free Software Foundation Europe,

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and there we have a cap, no more than 20% of any donations for us

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should come from corporate donations.

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Although we receive money from some gatekeepers,

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I think it's limited, so we are not dependent on them.

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So perhaps I don't know how it works with Boston,

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but they have some kind of policy, I think,

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then I would not see too much of a problem here.

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Karen, two minutes, okay, so one more question, then.

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Yes, so indeed, we're talking about breaking techn monopolies.

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If you would have to divide 100 energy points,

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how much energy points would go to looking at the internal workings of the companies that may be

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we don't really want to spend our intention on,

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because they're not really, let's say, the core focus of what we would want,

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and how many of those attention points which you want to actually

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creating an internal digital market in Europe for the open source energy tips that are already there.

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This question is more for the commission or for the,

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do you want to take this one?

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Yeah, we would like to, but could you perhaps refresh,

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because I'm talking about attention points,

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but what do you mean by attention points?

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So you mentioned you actually understand the inner workings of the platform.

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Yeah.

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So it means that we as the government will spend a lot of time looking into the American big tech companies.

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But we also want to create an European internal market, single markets,

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on what competition.

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So you have to talk about the European companies organization that try to build up something.

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And how do you decide how to divide your focus?

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Okay, so yeah, I'll replace the question.

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So the question is, because we've been focusing on how the services of the,

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we keep as work and we also have to kind of pay attention on kind of the European developers,

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how they work and what they need, is that correct?

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Okay, so no, I mean, it's, it's a bit of both actually,

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because for example, we're applying to, coming back to the previous question about how we mess with compliance.

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I mean, what I was saying is, well, it really depends on the case,

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and it really depends on the service and what kind of use of that service one business uses to do.

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And there we include actually European developers, which may have different business models,

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different intentions.

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And there is where we are actually paying attention to them.

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It's not about only understanding how the services of the gatekeepers work,

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which happen to be mostly non-European.

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But it's more also about understanding kind of what European developers need,

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in terms of the use that they do of those services,

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and their business models, and kind of all the technical capabilities that they need to benefit from.

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All right.

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Excellent.

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People, thank you very much for your undivided attention,

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and please give some applause to Victor and Alicia.

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Thank you.

