WEBVTT

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So, welcome everyone. For our next talk, we have here Mark Brudemon, who is, I would say,

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the expert on AppStores on iOS. So, I'm very happy that we have him here with us,

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heading over to you, Mark. Thank you very much.

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Thank you, everyone, for coming. This is a talk on Free Software AppStores for iOS and how

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that works with the DMA and how things are going to be moving forward to that. My name is Mark Brudemon,

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the founder of the project. I'm a software developer, really, I'm a programmer. I've been

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software for 25 or more years. I've been developing apps since 2008 for both Android and the

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iPhone. I've developed dozens of apps for large companies, for myself, for independent

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organizations, for startups, all apps, great and small, really. So, I've gone through the process

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of both designing and building applications, as well as going through the distribution process.

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Actually, I had to get that through the stores to the end users. So, I really know sort of

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all the levels of the process. I will disclaim since this is a legal track. I'm not a legal expert.

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I'm not a lawyer. I do not have any formal training in law either American or European or anywhere else.

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I do seem to have evolved into somewhat of a policy expert, not necessarily as an aspiration

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of mine, but just through us, Moses, of working with some of the aspects of the digital

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market's act and advising various organizations around that. The App Fair Project is a

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app store for a free and open source software. It aspires to make the software available for the

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iPhone and for Android. I really first came up with the idea. It's been justating ever since I

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started building apps and encountering how difficult it was to get it into the hands of end users.

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But I really started putting together the pieces in 2020 and I found the organization in 2022.

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It is a 501C3 nonprofit based in Massachusetts in the United States and we also have a branch

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based in France, map fair friends. The mission is to facilitate the creation and distribution

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and mobile software applications for the public good for everyone. That's really a core

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component that we want to get applications into everyone's hand. In general, this sorts of

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apps that the App Fair aims to distribute will be digital public goods. We'll be generally

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useful things that people in their everyday life can get utility from. They don't need to be exotic.

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They can be weather apps. They can be transit apps. Time tables. They could be absolutely

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paid for parking. They can be social media apps. In general, the apps have a broad swath of humanity

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will find useful and are sometimes underserved by commercial application creators.

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There are to be 100% free and open source software. Everything that goes into the application

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both the top level user interface as well as all the components that the application uses

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needs to be open source. It needs to cost zero money. There needs to be no fees to the

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user's pay or subscriptions. But it must not have any end user monetization goal whatsoever.

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This leads into the trustworthy aspect of the project. That's in the universally accessible.

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On all devices, iPhones and Android that essentially makes up 100% of all the mobile devices

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people use. All languages, one of the goals of the project is to make it so someone can

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write an app when he speaks English but have a translated into 50 languages so that a grandmother

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and Cambodia can use it. Everyone is able to get the benefit of this labor. All abilities

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want to reach out to all levels of accessibility needs that people have based built on top of

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the accessibility technologies that these mobile devices have. And then they need to be trustworthy.

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So there's not going to be end user monetization. There's not going to be any built-in advertising.

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There's not going to be any tracking surveillance. And no analytics or telemetry. Basically,

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they aim to respect the privacy of the end user and ensure that any time the application

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is collecting data. It's because they actually need to collect the data for the functionality of the

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application. For example, whether application might ask for your location. Simply so it can tell you

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what the forecast does in your area. Not so it can then ship off your location information to a third

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party, a data broker who then packages it up and sells it to some third party.

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And the technical outline of how the project works is fairly straightforward.

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If you're familiar with, say, the app Android project for Android, for Debian, for how they manage

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their app, software repository, or for HomeBrew for Mac OS, the idea is generally that you

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have application developers. And these might be individuals. They could be students. They could be

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obvious. They could be organizations, nonprofit organizations, governmental organizations,

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schools, universities, or it could be commercial entities. As long as they have a goal of creating

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something that is not going to be monetizing the end user, anyone can create these things. They

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form their own organizations. They build the apps independently of the project and then they submit

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the source code of the application to the app to their project itself. And the app to their project

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will be made up of a combination of automated mechanisms where you actually take this source code

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and you build the application and scan it for bad actions from malware, things like that,

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make sure that it's truly all open source. And then I'll have a human component. It'll be,

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you know, people will review the applications. You know, is this really the kind of application

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that we want. It'll be maintainers who help provide feedback to the app creators when they're

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needs to be changes to be made to work on, say, updated versions of the, of the operating systems.

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And translators, and that's a big component. The app fair will contribute people who are experts

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in localizing the applications each individual, each individual, you know, language that we support.

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And then the app fair packages the distributes it and then the app fair client application

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will then be the sort of front facing mechanism for both iPhone users and Android users to be able

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to browse, search, review, download, install, and update applications. So that's more less

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in outline of the project process. One of the advantages of using the app fair project is that

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you don't need to sign up for anything. There's no fees, there's no registration.

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You know, you don't need to accept terms and conditions like you do to distribute an application

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on, say, the place door or the app store, you don't need a special account. The app fair project aims

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to provide automated distribution for you so that you don't need to go through the manual process

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for distributing on multiple app stores. And, you know, we'll help with translations,

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accessibility compliance. And the big thing is a trustworthy and a seal of approval. One of the

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problems is free software or software that is ostensibly free zero cost on mobile devices is that

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you never really know what the motivation of the person who developed this software. So there's

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a lot of distress for, say, free weather applications for any free application that might be looking

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at your contacts, books and things like that. There's just saying that if it's free, then you are the

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product. That's not true with free end opens for software, but the end users don't know about that.

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So things distributed through the app fair project will have the seal of approval,

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this sort of guarantor of trustworthiness that there's no sinister nefarious money

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gathering operations going on behind the scenes. So how do you build an app store?

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An app store is really just an app that installs advantages of their applications. It's not really

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conceptually all that complicated. It's an app that installs apps. How do you do it on Android?

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On Android is very well established. There's a lot of different app stores on Android. I mentioned

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the app to write project. There's a lot of companies have their own app stores as Amazon,

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Samsung Galaxy app team mobile. And in China, every app store is third party app stores. And

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on first party Google Play app store, because Google Play services is not available in China.

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And essentially the technology behind it is well established. It's been around since the beginning

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of Android. You've set a permission in your applications metadata and install packages.

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You've signed in and distribute your app store application. They have a published API that you

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call that says download this application package, validate it, install it, update it. And you don't

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really need to go through Google at all to do this. You can just go home today. You could write an

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app store app. App is start distributing apps. It's pretty straightforward. But the iPhone side

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is an important side. This is a talk about iOS and one of the central components of providing

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universal access is providing access to all devices. So that's really an essential part of the

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App Fair Project's mission. And you basically can't build an app store for the iPhone.

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Historically, there was something called citya. It's actually from 2008. It predates the Apple

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App Store. They used the ability to access private APIs if you jailbreak your iPhone, which is essentially

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hacking into your iPhone by passing some of the restrictions that are set in place. And then you can

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talk to private internal APIs. They've been using that to build and distribute applications for

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a very long time. But it's a widely considered be a fairly extreme measure to jailbreak your iPhone.

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And Apple is always closing the loop holes that enable people to do it every year. So it's an

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ongoing cat and mouse game between the development community that brings these jailbreaks to the

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surface. And Apple is plugging the holes all the time. It's not really a sustainable way to get a

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widespread adoption. And then there's these tethered workarounds in order to do it. If you are

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trying to up as a developer for the iPhone, then you have the ability to launch and run your

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own applications. You need that in order to be able to develop and debug your own app. And so

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that these various tethered workarounds like all store until recently, size store, trolls store.

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That basically take advantage of that. They say, okay, you can download an application for

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somewhere else. You can sign it with your own developer certificate and then you can install it.

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But there are no published APIs like there are on Android for installing or updating applications.

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And that's pretty much the roadblock to project like this. You can't really get past it.

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That is until the DMA, which is the top topic of this conversation.

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So in case people haven't heard of it, I mentioned most of you have the Digital Markets Act,

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aims to create a level playing field. It wants to make the digital market fair and more

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responsible, more contestable. And its history is that it was in 2020, it was proposed. It got

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signed into law in 2022. 2023 was when their designation of gatekeepers took place and there are

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five gatekeepers. The ones that are relevant to this topic are Google and Apple.

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And then last year, a little longer a year ago, was a deadline for compliance for the various rules

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that were laid out by the Digital Markets Act.

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So the Digital Markets Act is a big act. A lot of components has eight major sectors.

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The one that affects us, my project and this talk is the last one here, the online

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Intermediation Services. In other words, the Google Play Store and the Apple App Store.

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All of these are important. This is the one that is relevant to us.

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And so the online Intermediation Services has a bunch of requirements and generally reading through

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the articles, the important ones are that they need to allow third-party app stores and side-loading.

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Side-loading is the term that has evolved to mean direct installation of applications

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straight to your device. Fair and non-discriminatory access to these services.

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No preferential treatment. They basically can't favor their own services over the services of third-party.

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You need to have a lot of interoperability requirements. Terms of conditions need to be transparent.

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And they can't have any anti-steering. They can't force you to steer people towards their own

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gatekeeper services and away from competitive services that might be available.

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So here's what I thought would happen when the designation was made before the compliance plan,

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you know, came out is essentially that they would do what Android does.

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Add the ability to self-sign your own applications. And the technology exists for this already

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is a popular misconception that you can't side-load on the iPhone. That's not true.

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You just need to have a special enterprise certificate, which Apple only hands out to a select few

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large corporations that pay a lot of money. But once you have this certificate, you can

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develop your application and you can sign it with a certificate and you can email it to your staff

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or you can put it on a website to upload. You can distribute it however you want.

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And it is for all intents and purposes, it is side-loading. However, you need the certificate.

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If someone gets their hands on a certificate and starts signing apps and just giving them away

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for free at anyone, which happens actually quite a lot, Apple closes that loophole and they

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put the kibosh in or certificate they resend it and then all the applications are not allowed.

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So it is possible and it is very straightforward. And then the second thing they need to do is

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actually publish app store APIs because the first step allows you to side-load things directly.

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The second step is what you need to actually build an app store app and app that distributes and

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maintains other applications. And there are publish APIs in Android, there is something called

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package installer that lets you call functions, they can install package, and they exist on Apple

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as well in this mobile installation framework. It is what city airlines are using. And they have

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got functions, mobile application, install, and install. You can figure out what these functions do,

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but these are currently private. So basically make this, so anyone can get it, make this, so

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you can make an app store app and that is all you need to do. That would be fully compliant,

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make everyone happy, make my life easier. So here is what actually did happen.

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So in order to go through this, you basically have to do all of these things. The non-fansy

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stars are the ones that are pre-existing requirements to build and ship an application for the Apple

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app store, the fancy stars are the new things, the new steps you need to do. So you always need to

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sign up with Apple except their terms and conditions which are frequently changing and you get

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zero notice when they're about to change. And if you don't immediately adhere to them,

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you can no longer issue updates to your applications. And then a way to approval, hope that they

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approve your account. You need to pay an annual fee, $99 US dollars. You can get an exemption from that

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if you're a non-profit or educational institution. New step is you need to agree to alternative

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EU terms addendum, which is quite long and involved and has a lot to say about how you can monetize

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your apps differently. Then again, you need to build and upload it to the airport, all the

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app store connect portal. And once you've done that, you need to request a distribution token from

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alternative app marketplace. So say the app fair is an alternative app marketplace. You want

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to distribute an app through me. What you do is I give you a token, a passcode basically. You build

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your app, upload it to Apple, and then upload that token to Apple. And they take those two things

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and say, okay, this app, if we approve it, is going to wind up being able to be distributed through

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the app fair through me. You go through app review. It's what they call notarization, but it's

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really just a subset of app review. It's a combination of automated scans and human involvement.

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You know, that could take an hour, could take a month. Once it passes, you get a token for the

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particular version of the application that was approved. You hand that back to the alternative

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app marketplace, they're able to download your signed and approved application and then finally

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the distributed. And then lastly, you have to pay there for someone notorious Quartingology fee,

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which is 50 cents for every download of your application beyond the first million in a year.

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And that's only for monetized applications. But it is definitely a hindrance to anyone who thinks

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I'm going to make this hit app that billions of people use, you're going to be hit with a massive bill.

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So this is the process that they consider compliance that is the facts on the ground right now.

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The actual app review subset, the Notarization Guidelines, contain a lot of guidelines around

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the sort of content that you can have in your application. It's not just around security.

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I won't go through all of these, but there are some fairly ones that should give pause to someone

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who thinks that this is a sort of clear and objective standard for a third parties.

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One of them being something like this, where they say if you market your app in a misleading way,

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your app in a little bit removed, it'll be blocked from being installed. And you might have your developer

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account terminated, meaning you can never make an app again. What is the definition of misleading

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is there any adjudication mechanism for this, is there any appeal? No, there's not. It's just

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whatever they consider to be misleading. So these are the sort of some things that we find

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really deeply problematic with the app review subset that you have to that you have to go through.

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You can look at all of these guidelines, both the full app review guidelines and the Notarization

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subset app store review guidelines. It's a nice little picker where you can toggle between the two

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two modes. So that's in order to create an app. What is it? I'll turn about Marketplace

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distributor and need to do. In other words, what does the app care need to do? They have to,

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again, register with Apple, agree to terms and conditions. You need to request and Marketplace

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entitlement. And that has various rules. One of which is that you need to have a base in the

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European Union, which is why we started the app fair France. You need to provide a 1 million Euro

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annually renewable business letter of credit. And then you need to actually build the app store app

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and then submit that through app review. In order to actually process the applications that you

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receive in distributed, you basically need to set up a server that accepts the handoff of the

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application that Apple passes off to you after the developer signs and uploads it. And then once you do that,

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you host the application and then you can have your application talk to the server and redistribute

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these things. So what are the barriers to having a free software app marketplace? Obviously,

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I mentioned the 1 million Euro letter of credit for Marketplace entitlement. That's a big ask.

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The inability to inspect the encrypted app delivery. So Apple applies DRM to every application.

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You can't opt out of it. And there's a few issues with this. You can't obviously scan it

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for malware. You can't really use reproducible builds in order to verify that the actual source

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code matches the app that was installed. The DRM itself that really runs a file of free software

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licenses like the GPL. So if you want to be able to use the GPL, it would need to have exceptions

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added to it, which introduce problems with compatibility with other GPL software. And then Apple

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themselves has a requirement that you need to have scanning in place in order to

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in order to be allowed to distribute these apps. But it's completely impossible to do,

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or at least illegal to do, because they themselves are encrypting the app and you can't decrypt it.

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There's analytics that they do. They track whether you install or install apps. And it's partly

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so that they can build up the numbers to know whether you qualify for the Quart Technology fee that

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you owe. App review. As I mentioned, these can take an hour. They can take a month. There's really

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no telling. There's no service level agreement. And so if you need an urgent patch to any

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of your applications for say security, you're out of luck. And the last one is they have a remote

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kill switch. They can actually delete your app from your device if you want. So our view is that

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the only way forward really to comply with both the spirit and the letter of the digital market

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sector is that you really need to store all this away. You need to be able to have direct

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side loading. Developers need to, without going through Apple at all, be able to generate

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their sending certificates. You need to be able to build and distribute these things with

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any special entitlements. Marketplaces need to be able to grant entitlements to developers for

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security sensitive permissions. And the app installations need to be opened up and documented

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to say that you can just do these things directly. In other words, it needs to become just like

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Android is right now. A quick note on security, there's a lot of out in the DMA about security,

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a lot of exemptions that are applied. And for this reason, Apple is really, their arguments

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are heavily hinging on security. They have an interesting paper building across the

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ecosystem from millions of apps, the front analysis, you can read it on their website.

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But there's a lot of discussion in there about why side loading is considered dangerous,

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why you should never be allowed to do it. I've always found those fairly hollow because if you

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go to the page for Apple Music on Android, they have an Android Apple Music APK that you can just

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download and install and they guide you step by step through all the steps you need to do,

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including one that says, note that you may need to change your Android security settings to

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complete this installation. So, I've always found those very hollow, but that's really the angle

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that they're pushing in order to be able to skirt around some of the limitations of requirements that they have.

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And I'll note a broader point about security is that security is not just about individual

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devices, it's about the insecurity of a monoculture. If you have one single centralized source

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no matter who they are, no matter where they are, you have these issues where you can't

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understand their decision-making process and advice pressure. A few notorious examples are the

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removal of the H.K. Maps Live from Hong Kong in 2019. The removal of election novellies,

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smart voting application in 2021 by the behest of the Russian authorities. And then just last year,

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WhatsApp telegram signal and threads all just got yanked from the App Store. In China, these were

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unreviewable, these were unappealable, these were decisions that were made by Central Authority.

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And Apple themselves should be concerned by this because they have invited themselves to be

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a center of pressure for these things. If they opened up these App Store APIs and made it so,

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I can just download these things directly, then that would limit a lot of the pressure on them.

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So, the next steps for the App Fair, we're working towards building up a community of volunteers and

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contributors. We're looking to raise funds for the standard business level of credit requirement.

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And then for the time being, we're probably going to continue to distribute applications through

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existing channels. So, apologies for going over time, but I want to thank you all for going.

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I'm free at our next time for questions. I'll be around, though, in case you have any questions.

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And here is my contact information.

