WEBVTT

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Okay. We're just about ready to start. So if you find your seats, I'll settle down. We're

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getting near the end here. I'm delighted that we have Lucas the Sota from the FSF Europe and

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he's going to tell us all about the battle for software freedom with Apple. Lucas, over

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to you.

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Hello everybody. Just a quick check. Is my sound good? Can you hear me well? Who? Good. All right.

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So I'm really, really thrilled and I'm amazed to be here. This is my forftime in

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Keynote and looking to this audience is a little bit threatening. I'm full of butterflies

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in my belly. But thank you very much for being here and for your undivided attention to this

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topic. I'm Lucas LaSota. I work for the Free Software Foundation Europe and for those

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who are watching us at home or here who are visually impaired, I'm about guy with beard.

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And we are in a room full of very beautiful people. And today the topic is how we are defending

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software freedom against Apple at the EU highest court. So the agenda, what we're going

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to talk today and what I would like to discuss with you a little bit today is about power

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of very large companies against software freedom. And in order to do that, I would like

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for us to have a small mind exercise, which I called an awkward neighbor. And as soon

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as we pass through this exercise to understand the power of this companies over software

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freedom, we'll talk about monocotors. And then the perils that the FSF has gone and

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is going still in order to defend software freedom against one of the most powerful and

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the most richest companies in the entire world. So let's go to our, oh my god, yeah,

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to our exercise. Think about you, you have a neighbor, right? And this guy is a little

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bit awkward, you know? And why it's, he's a little bit awkward. Because well, you invite

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him to your home and he just stays there. And then you call a pizza delivery and then

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this guy takes 30% of the pizza or the or the cake that you order. And this guy's usually

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your energy even when you don't allow it. So it's constantly using the energy that in

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your home. And you know, when when you invite your family or when you invite other people

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to your home, he doesn't allow it. It controls this for you. And it never lives, right? It's

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look like our cats. It never lives. It controls people in our home. And yeah. But so I think

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perhaps, you're going to say, why are you making this exercise talking about an awkward

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neighbor when we are talking about devices here? Because I would like perhaps to propose for us

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this that gatekeepers are our awkward neighbor and who are gatekeepers? Gatekeepers are

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device manufacturers, device vendors, device and other organizations and companies that are commercializing

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devices. But they are acting as this awkward neighbor taking control of things that actually

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big lungs to us, right? So when we buy new mobile devices for an example, right? And we are thrilled

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to explore everything that this device has to offer to us. And the first thing that when you turn

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on your device, you are flashed with a screen that mandates you to create an online account in order

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to use this device, right? Or when you are not entitled to enjoy software freedom in your

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or your device, you cannot install software on it. You cannot only install software in it. You cannot

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have access to third party app stores on it for an example, right? So alternative free software

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app stores cannot run in such devices. I do think the gatekeepers act like this awkward neighbor,

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right? That are controlling our devices that are hampering us to exercise our food agency,

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our food control, our autonomy over the devices that we are actually using. And from where comes

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this power, this gatekeeping power of these companies, when they have this ability to actually

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put devices on the market in a way that when we buy these devices, our freedoms unlimited

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in such extent. And the power comes from market concentration. The device markets on mobile devices,

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they are extremely concentrated. Nowadays, Android and iOS have together 99% of the word markets

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of mobile operating systems. And both of them are proprietary. And Android has 70% and iOS has 27%.

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There's a lot of free software operating systems of their mobile devices, but they are just a

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fraction of it. And therefore, since these two companies, these two proprietary companies,

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literally they dominate the entire market, they can do whatever they want, right? And we as

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end users, we are trapped, basically, we are trapped in the power of these companies, in the

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terms of services, this companies, because they can do whatever they want with us. But we need to

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change that. We literally need to change that. When we think about ecosystem, and today,

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ecosystem is a buzzword, right? Everybody talks about it, right? Because ecosystem remind us

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of an idea of richness and diversity. And in an ecosystem, we have plenty of choices. We have

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freedom of choices, and we are free to choose whatever we want. We think of an ecosystem

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as something that is sustainable and fair. But look, when we check this set situation, what we have

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right now, we don't have digital ecosystems. We have a digital plantation, right? It is characterized

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by mono-coachers, by the absence of freedom of choice. And it is high,

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high-snow-trailities that our devices should be neutral in relation to the softer that we are running on it.

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So, basically, a device manufacturers, devices, vendors, they should not impose their own

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wheel on us to decide which type of software we want to run. Google devices, Apple devices,

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they are general purpose computers. It means like we should run each type of software that we want,

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and not be limited by commercial interest. We need to be able to run software in order to extract

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the most of their devices. So, the whole history of the free software movement is about

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people running software on their own devices. And therefore, the device neutrality translates

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into principles of software freedom, no lock-in and the user control of data. But perhaps someone

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would say this is perhaps too philosophical, because look at the word right now, we don't have that

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what we're going to do. And I would like to introduce to you to some progress in this area,

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some steps forward. It's not still, the heaven is not still the perfect solution that we still

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have. But here in Europe, we have something to be proud about, I would say, there are some

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developments in policy area, in legal area, that are path in the way for us in order to achieve

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in the future, perhaps device neutrality. Yesterday, in the policy dev room, we had an amazing talk

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by Mark and Promo, who gave us a very good introduction about the DMA. Please make sure to check

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it online. But why DMA, the digital market sector, this law is important for device neutrality.

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Now, my presentation will become a little bit bureaucratic fuel with some legalist terms. Please

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bear with me, it will be cool in the end, but bear with me. The digital market sector is a law

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that regulates economic activity of very large tech corporations. And what it means regulating

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economic activity. It means like the DMA has two functions to prevent market abuse from big tech

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and to open up the market for smaller competitors. So, perhaps you can already start to understand

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why this is important for us, because if there is a law that aims to open up the market for smaller

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competitors, perhaps this law wants to change exactly that. So, basically, the ones that are there

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in the bottom, the law aims to increase the diversity of this graph a little bit. And this

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is at least what we are hoping with the DMA. And how it works with this law? So, the European Commission

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designates the companies and the products and services that this law should apply. So,

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this law doesn't apply to all companies in the European Union. It has a list of companies, right?

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And since this applies to only very large corporations, is the corporation that everybody knows.

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The graph on Google, Amazon, Facebook, Microsoft, but there is still booking and guidance and

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Apple. Right? Apple, the hero of our presentation, was a designated gatekeeper in 2023

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for not for all the services, but for Apple App Store, iOS, and iOS, and the Safari browser.

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So, it means like all the Juicy obligations that we're going to talk about right now about it

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applies to App Store, iOS, and Safari browser. And here is what it's very, very interesting.

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And here's the Juicy part of the DMA. And DMA is very large. There's a lot of things on it,

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but I have just listed some of the most interesting obligations that concern software freedom

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and interoperability in general. For an example, we have exclusive obligations concerning

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installation and change default settings. We have rules about third-party software installation.

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People nowadays call it side loading. There are rules about interoperability with software

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and hardware futures. Rules about data portability, interoperability of messaging apps.

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And the good thing is that for no compliance, DMA has some good tips that some penalties,

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the commission can impose penalties that max up to 10% of the worldwide turnover of the company.

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So, if we are talking about companies with billions or trillions of turnovers,

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the penalty can be quite good. But here is where things started to get a little bit messy.

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Because as soon as the European Commission disignated Apple, as a gatekeeper,

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forget products and services that we just talked about, Apple was not happy with that.

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And the first thing that Apple did instead of setting a serious compliance plan with the law,

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they appealed against the decision, right? And they appealed against the European Commission

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decision, trying to dodge the DMA rules over the Apple App Store, iOS, and iPadOS.

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More than that, they claimed at the European highest court that the interoperability

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obligations of Article 67, and we talk about this article in a minute, as this proportionate

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in relation to the company's commercial economic interest. So, basically, they are saying that

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Article 67 is illegal inside the framework, right? And this is the article in all its glory

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that we are talking about. I love this article is a very powerful article. It's like a

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can opener, you know? Because with this article, we can really open some very tough infrastructures.

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And, along the way, we will write what is most important here. There's a lot of legalism.

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The gatekeeper, so the gatekeeper is the company, Apple. So, Apple shall allow

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providers of services and providers of hardware, for example, free software providers of

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free software project, free of charge, effective interoperability with,

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same hardware and software features provided by the gatekeeper. So, this is very powerful. So, it

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means like Apple should open infrastructure and provide free of charge, effective interoperability

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to the same features, hardware and software features that are provided for the gatekeeper.

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And that's why Apple fought very hard against the DMA, and they are scared of the DMA,

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because the DMA can really change the landscape here. Because now alternative app stores, free

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software, alternative app stores can request this. Alternative free software payment systems can

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request this and compete on the merits with Apple services and product. And this is how competition

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should be. If you think your product is good enough, then you will have the hearts and minds of

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your clients, not because of your monopolistic practices in the market, but because your product is good,

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and that's why we claim that they should compete on trustworthiness. And as soon as we saw that

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they Apple decided to appeal against it. Well, the red flag in the FSFU office, you know,

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we red and say, oh my god, we need to do something about it. And then Dr. Martin Hussovic,

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he's very known in the community, he's a great lawyer, he's a great scholar, a great professor,

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contact us and said, perhaps we need to do something about it. And hearing fostering last year,

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in February last year, we decided that we would intervene against Apple. So it was a super cool

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that now one year after. Thank you. And one year after it, I'm here to talk about the progress of

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this case law. So in February, we asked the court to intervene with, and I have to be quite

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frank to you, only to the fact that we were accepted in this court case is already a great victory,

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because this is a big dog's game. You know, the European Parliament is involved in this court case.

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Friends, the Republic of France is involved in this court case. You know, other large players in the

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industry are also involved in this court case. And there there is FSFU with 20 staffers there in the

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middle, you know, saying that softer freedom is important. But I would like to highlight what

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court already said, because when we submitted, we faced opposition by Apple, of course. And

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what the court in the August decision, when court allowed us to intervene, the court said,

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the case is like to have a significant impact on the supply of free software, free exchange of

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information, and equal chances in accessing software. And then the court continues saying,

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such result would have an impact on an ability of developers of applications or free software

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to enter a connect, their application free of charge with Apple's iOS, which in turn would affect

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FSFU's ability to further distribute such software to as as wide as the public as possible.

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So the court recognized it, right? And then in September of 2027, we submitted our arguments

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via our lawyer, Dr. Martin Huzovic. And everything that we pushed back against Apple,

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and first we started saying that SSFU grows in complexity, interoperability is inevitable, right?

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And so actually this article here is the pinnacle of our recognition that if this company's

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grew in size, they need to give back, they need to open the infrastructure, so other smaller

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place can enter the market, and then we can have a fair competition, and we can have a more

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diversity in the market. So European Union recognized this and put this in law.

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And that's why we claim that Apple is being regulated in the light of public interest, right?

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And that's why they should respect and they should comply with these interoperability obligations.

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We also claim that interoperability is fully proportional to fundamental rights.

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We claim that interoperability is not against what people call intellectual property, right?

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I know this is a charge term, so we don't need to necessarily give all your patents or

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copyright in order to provide interoperable solutions, right?

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Last but not least, Apple should compete on trustworthiness. If they are good enough,

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they should not fear competition, right? If they are open their system and let's,

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let's the best win, right? And that's what we at the free software world are accustomed to,

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right? Everything is open, so if people like it, right, they will prosper.

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And that's why we think that Apple's products should compete on the merits,

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and that's why free software is smaller, free software alternative AppStores,

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free software alternative payment systems, alternatives,

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services that Apple provides that are provided by free software should also prosper in the market, right?

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And that's why we think that the image should apply in full force to Apple's AppStore,

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iOS and Apple OS. So what is the standard of the case right now?

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I would say 70% because, well, we already submit our positions and Apple already

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replied to them. Unfortunately, it's confidential, I cannot say anything about it,

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but we are now waiting perhaps for a hearing and then there will be a decision, right? But

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what the outcome of this court case is important for free software, how free software can benefit

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in winning this case against Apple? Let's start with developers, right? We do believe that

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if we want this case and then DMA, we are applying full force to Apple, we will have a more

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software freedom, right? Software developers will be able to demand that Apple

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allow installation of third-party apps and the use of third-party app stores in any

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installation of pre-installed software in devices. For example, a great example is that alternative

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free software stores would then be possible in iOS. We hope this court case in order to get

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better interoperability policies, right? Free software developers will be able to demand effective

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in the free of charge interoperability between their software and Apple's software and a hardware

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controlled by Apple's operating system. For example, free software payment system having access to NFC.

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And of course, for end users, we do believe that more competition will be beneficial for end users.

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We'll have enhanced freedom of choice. Users will enjoy more freedom of choice in regarding

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software on app devices. So, as we can see here, there's a lot of at stake, right?

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I do think that this case boils down to, if interoperability, as we know in the free software

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road, is still relevant for the rest of the digital markets. And I do believe it is. And I'm really

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happy to leave on these times into able to make these arguments. And 20 years ago, in 2004,

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the FSFE was also involved in a fundamental case against Microsoft. And we discussed interoperability

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back then, right? And now we have a new go-layer, right? There's also, again, is trying to

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to block interoperability. But with the power of our community, I do believe that we will prevail,

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right? And that's why I would like to ask for your support, right? Right? Now, being engaged

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on this court case, engaging with the digital makers, it requires us to be there, to talk to the

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commission, to talk to the European Parliament, to talk to national competition authorities.

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And that's why we need resources. We need resources in order to continue this fight in order to continue

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this work. So, please, there is a keyword code here. There is this link. Please donate to us.

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And I do hope that in order with your support, we will have an opener and more just internet.

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I think you're very much for your attention.

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Great talk. Great fight. Good news is we've got plenty of time for questions for Lucas.

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So, yeah, put your hands up and between us. We'll get the microphone here.

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Hello. Thanks for your efforts. Let's address the elephant in the room. The regime change in

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do you say and let's address the elephant in the room, which is called Trump, who said recently,

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out loud that, you know, European Commission, Regulation, blah, blah, so on. Form of taxation,

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basically, how are we going to play with this enemy? Yeah, this is a good question, actually.

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There's a lot of people in the US that understand that monopolistic control is also bad for people

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in the US, right? That's why I don't like to put the to frame this whole thing in the US of

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viruses, European Union, but it's big tech against everybody, right? I think the power of big tech

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is detrimental to people here in Europe, to people in Latin America, to people in Asia,

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in Africa, and also in the United States, right? How to do with Trump? I don't know. I'm not paid

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to do that. I mean, it is very, but I do hope that last week we wrote an open letter together with

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more than 40 civil society organizations here in Europe encouraging the European Commission to not

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step back, you know, to continue, to move forward with the remaining enforcement, to not be afraid

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of the political changes, and to do the legal work that they're supposed to do, and we'll be there.

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That's as if we will be there. We are in contact with the Commission. We are submitting papers there

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in order to make sure that the interests of free software developers are being heard in this

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process. Let's remain optimistic in this sense.

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Hi, thank you for your presentation. It was very interesting.

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I lost you. Can you? How? Yeah. Thank you for presentation.

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While I fully support the court case, he was talking about, I wanted to address some statements

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you made, which I think I bit misleading. First of all, you said that Android is property software,

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which is actually not the case because it's open source project, and anyone can register or

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contribute and push the code to Android. It's not like proprietary at all. It's actually

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there is part of true in Z, because device manufacturers apply things that are become like,

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make it more proprietary, but it's really nuanced. Then you also, in the next slide,

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well, through the slide, you also said that Google gate keeps from installing

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another operating system on devices, which is also not really the case, so I just spent a couple

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minutes. If you go to even plasma mobile.org, there are like four operating systems based on

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arch Linux based on day-by-end, and I don't remember, and I'll find Linux, and you can install them

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even on like Samsung device on Google Pixel. Look, whatever. Do you have a question?

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Yeah. I guess it's more of a common question, that it's like a bit misleading because

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while Apple is totally like, it's able, and it prohibits doing everything. It's not,

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eventually, exactly the same is Android. Thank you. Thank you.

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More question. We have one here.

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We have got the microphone running around. If you keep your question short, we can get more people in,

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sorry, fire. Thanks. Hello. Thank you for the talk. If you return your presentation on

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slide where this guy, it's 30% of the pizza and everything, but oh, I see this guy, he's like

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pretty, he's like smiling, he's like always good. He actually cleans your stairs also.

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Sometimes he prevents that somebody robs your apartment, and if he, it's like not 30% and 5% of

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the pizza, would you change your mind?

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Yeah. I mean, I'm not sure if you find the question, but

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I have been around in the regulatory debates on this, and many companies here in Europe,

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they would be okay in lowering down only the fees and not going full into the area of softer

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freedom, right? For them, they are proprietary companies as well, and if they can reduce the

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30% fees, for 5% that would be already massive when and then for them would be fine.

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That's why again, it's important to have a not-for-profit organization like the Free

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Software Foundation, but in these debates, in order for us to say, look, only lowering this

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fees is not enough. We need the software freedom. We need the vise neutrality. In order to push forward

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this agenda, otherwise, DMA and any other type of legislative innovation in Europe would be watered

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down by this commercial interest as well, yeah.

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Well, yes, if I quite understand, you said,

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European community chose the companies that the low apply to, and I was wondering on what

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criteria is something that's from lobbying of big companies inside the EU before the low apply to them.

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Can you repeat please a little bit? I'm sorry, I'm a little bit sick, so I'm a really deaf

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deaf, so it's not your fault, I'm sorry. You said you choose the company that the low apply to,

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yes, on what criteria are these companies choose to them?

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Can someone help me? Come again?

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Ah, okay, so it's about the gatekeeper criteria you mean, right? Okay, good. So,

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yes, the DMA meant to to simplify this process, because before that, in competition law,

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in order, we had different factors to consider what would be an abusive position in the market,

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so you needed to define markets, you have to define if the action taken is indeed uncompetitive,

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you know, and then you have to define the products and services and a bunch of stuff.

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And then the DMA just came, and then they set true criteria, it is criteria,

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I don't remember the numbers right now, but basically it's the number of clients that you have in

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Europe, right? And so it's very high, I don't remember, but it's in the areas of millions,

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and if the company meets the criteria, then the commission should look into the services,

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right? And just to give an example, in our court case, the commission has designated

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Apple App Store, right? But Apple is claiming that it doesn't has just one App Store,

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but it has several, and that's why the commission should look into it. However, we do believe that

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the policies that Apple has for App Store is the same for every App Store, and that's why

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the commission did a good job in designating this service App Store as a whole, right?

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But that's the correct area, okay? Yeah, we have some other questions there.

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Hi, thank you for the overview. I was wondering if what is happening with the other

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giant tech players? Are they signing with Apple? Are they just waiting to be designated as a

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gatekeeper? What's happening with the world or Amazon?

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Oh, my God. Can you repeat your question?

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So what about the other giant tech players? I mean, these companies are not the same

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as well, right? They also have several problems in the GMA. We monitor them, but we have two

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to prioritize, right? Apple is the most reactionary, most closed system right now, and it has taken

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a very aggressive position against the GMA, and that's why we are focusing on Apple, right?

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But there are others of three software projects that are working in the GMA, for an example,

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F-tryed, and they have raised several concerns as well against a Google for an example.

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But yeah, our work mainly here has been in relation to Apple, okay?

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Hello, it's just working great. Okay, I appreciate you work a lot. I'm just wondering,

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it specifies that they were designated as a gatekeeper for App Store, iOS,

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iPad OS, and so for a browser, is there any like movement to, I don't know, allow replacing iOS or

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iPad OS on their hardware or is it just about the App Store? Can you repeat your question, please?

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So I'm wondering if there's any like provisions for allowing users to replace the

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operating system on the devices to given that iOS and iPad OS were like mentioned as well.

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Yeah, okay, thanks. I'm interested in the question.

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Maybe I'm wrong and please detail the correct. I'm wrong. I don't think there is in the

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GMA an obligation to change the operating system, right? So I think that's a short coming

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other law. So you can install applications side load application, but there's no obligation

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to change the whole operating system. Hello. So a few years ago there was a few decades ago,

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actually, there was some legislation against Microsoft for having Internet Explorer pre-installed on

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Windows machines and there was no browser choice. Legislation was put forward and then

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we ended up in a situation where Google essentially just replaced that monopoly.

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How does the digital market sacked deal with the potential unintended consequence of replacing

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one monopoly with another? That's a good question.

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I would like to manage the expectations on them all, right?

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We don't, we must not put all our money, all our bets, all our eggs and ones on one basket, right?

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We at the FSEFE and we have already published this a lot and we have this agenda saying that

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DMA alone is not enough, right? We had a talk by Michiel Lennar's about Denji, right? And we were very

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sorry in this year, for an example, when we heard that the European Commission cut it funded for

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free software, when they cut the funding for the next generation Internet. So we needed to take

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a strategic approach in order to avoid what exactly you are talking about. It's not just enough to

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say, oh, we have the shiny DMA and the DMA will shape the future of the digital economy in Europe.

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No, actually, we need public money, public code. We need a whole change in the digital economy

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in order to avoid future gatekeepers, right? So there is a fundamental question with the DMA.

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Do we want to do this in trench, North American, in Chinese, whatever companies with Europeans,

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do we want a Google European version, right? We want a European Apple, or we want indeed

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decentralized democratized digital economy based on free software, on digital commons, or people

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have indeed freedoms to enjoy with their devices. This is a strategic question and I think DMA is

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very important. DMA, on the legal area, it's very important, but we need more. We need funding

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mechanisms for free software. We need policies that will change the future of the European economy

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and the DMA is just a part of it.

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APPLAUSE

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Hey, just one more question. I would like to know regarding the new TAI or LLMs integrated in the new mobile

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OS, like Apple Intelligence or Gemini, is there something already integrated in the DMA?

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Or is there something prepared on this?

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This is a good question. So the AI, I don't think is a core platform service, right?

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It's not one of the services I've been in products that the commission can designate.

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There is already academic work on this, claiming that AI and LLMs should be one

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service that the commission should designate, but this is still in discussion.

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Yeah.

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There is this inevitable argument that Apple will make that any kind of interoperability will

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carry security risks, that this will make their system, their beautifully guard

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the world plantation is called it, more open, and therefore more susceptible to relevant actors.

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How would you counteract that argument?

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Yeah, thanks a lot for this question. I would like to use the expression that Mark yesterday,

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he is wonderful presentation said that there is nothing more insecure than monocultures, right, Mark?

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And I also think that we are in a very bad situation when we need to

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to depend our security only one provider, right? So although Apple sells itself as a super

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secure, I don't think that there is enough evidence to show that Android devices are less secure

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than iOS devices, right? However, the GMA has some compromises, right? I didn't read the second

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part of this article because that was the compromise, but the compromise where I say is that indeed,

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the gatekeeper or Apple can limit interoperability on basis of the integrity of the operating

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system, right? God knows what is integrity here, you know, so can be a lot of stuff,

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and we have been countering this, right? So we have been in our court case, also we have been

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putting forward that we need to be very careful in order to not overstate the security aspect of

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it in order to hamper interoperability. To give an example, we have been working in the free

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software foundation year for more than 10 years for router freedom, right? And every time that we

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had to interact with with regulators or internet service providers, security was always a scapegoat

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against interoperability. They say you cannot use your router because it will damage the network,

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right? But look, last week in Germany, we had an amazing decision where the national regulator,

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the Bundesnetsogan Tour provided a huge document, 70 trade pages explaining that interoperability

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should be maintained, and the security risks were overstated. So network operators in Germany

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has always said that router freedom was against security, but then Bundesnetsogan Tour asked them

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and said look, okay, so you say there is a problem, please provide some evidence. There is just one

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case in 2016, you know, one case, it offers disruption of the network caused by a more function

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in the router. So, well, how many millions of subscribers are we having Germany using routers

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every day, 24 hours, and we had one case, so here in the app, I think is the same, you know,

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there are some nobody wants less secure devices. I want that my smartphone should be as secure

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as possible, right? But we should not overstate this, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh,

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overstate this concerns in order to block interoperability.

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Presentation is said about a letter to the EU, uh, and my question is, uh, can we

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co-sign this letter, uh, as, uh, we are, I look at hackerspace that, you know, likes,

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fees of trades, et cetera, and is it possible to co-sign this letter?

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Uh, okay, uh, all right, thank you, no, uh, we already sent this letter, um, and it was, uh,

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unfortunately, not, uh, I'm sorry, we already sent, but thank you for asking. Do you have a time

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for one more question? Well, all right, one more question, and the last one, wow, this has

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be a very intensive round. Have you tried out, uh, tried reaching out to Azahili Nox,

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because they have excellent reverse engineering done on Apple hardware, and now we can

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use free operating systems on MacBooks. And here, basically, we caught the use them on iPads.

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Who? Azahili Nox, I'm going to write an email. Uh, okay, I'm summarized, all those things.

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If you can put me in contact with them, that would be great.

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All-direct is important. Okay, thanks a lot. Okay, guys, it was, it was, it was

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be awesome to be here with you. Thank you very much for your own invitation. If you're

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last time. I am a guest.

