The EU Commission on Monday fined Apple about $2 billion for stifling competition from rival music streaming services. In a blog post, Spotify writes: Apple's rules muzzled Spotify and other music streaming services from sharing with our users directly in our app about various benefits -- denying us the ability to communicate with them about how to upgrade and the price of subscriptions, promotions, discounts, or numerous other perks. Of course, Apple Music, a competitor to these apps, is not barred from the same behaviour. By requiring Apple to stop its illegal conduct in the EU, the EC is putting consumers first. It is a basic concept of free markets -- customers should know what options they have, and customers, not Apple, should decide what to buy, and where, when and how.

While we appreciate the EC addressing this important case, we also know that the details matter. Apple has routinely defied laws and court decisions in other markets. So we're looking forward to the next steps that will hopefully clearly and conclusively address Apple's long-standing unfair practices.

From the beginning, the foundational belief of the internet is that it should be a fair and open ecosystem. That belief has fueled growth, innovation and discovery around the world. Today the leading way people access the internet is via their mobile phones. So why should the same principles not apply? And while we are pleased that this case delivers some justice, it does not solve Apple's bad behaviour towards developers beyond music streaming in other markets around the world. Our work will not be done until we succeed in securing a truly fair digital marketplace everywhere and our commitment to helping to make this a reality remains unwavering. Further reading: Apple's response.

Some news from "Copyleft Currents", the blog of open-source/IP lawyer Heather Meeker: On February 14, 2024, the Court of Appeal of Paris issued an order stating that Orange, a major French telecom provider, had infringed the copyight of Entr'Ouvert's Lasso software and violated the GPL.

They ordered Orange to pay €500,000 in compensatory damages and €150,000 for moral damages.

This case has been ongoing for many years. Entr'ouvert is the publisher of Lasso, a reference library for the Security Assertion Markup Language (SAML) protocol, an open standard for identity providers to authenticate users and pass authentication tokens to online services. This is the open protocol that enables single sign-on (SSO). The Lasso product is dual licensed by Entr'Ouvert under GPL or commercial licenses.

In 2005, Orange won a contract with the French Agency for the Development of Electronic Administration to develop parts of the service-public.fr portal, which allows users to interact online with the government for administrative procedures. Orange used the Lasso software in the solution, but did not pass on the rights to its modifications free of charge under GPL, or make the source code to its modifications available. Entr'Ouvert sued Orange in 2010, and the case wended its way through the courts, turning on, among other things, issues of proof of Entr'Ouvert 's copyright interest in the software, and whether the case properly sounded in breach of contract or copyright infringement...

The compensatory damages were based on both lost profits of the plaintiff and disgorgement of profits of Orange. Moral damages compensate the plaintiff for harm to reputation or other non-monetary injury.
Thanks to long-time Slashdot reader AmiMoJo for sharing the article.

An anonymous reader quotes a report from MacRumors: Spotify, Epic Games, Deezer, Paddle, and several other developers and EU associations today sent a joint letter to the European Commission to complain about Apple's "proposed scheme for compliance" with the Digital Markets Act (DMA). The 34 companies and associations do not believe Apple's plans "meet the law's requirements." Apple's changes "disregard both the spirit and letter of the law" and if left unchanged, will "make a mockery of the DMA," according to the letter. Several specific components of Apple's plan are highlighted, including the Core Technology Fee, the Notarization process, and the terms that developers must accept:

- Apple's requirement to stay with the current App Store terms or opt in to new terms provides developers with "an unworkable choice" that adds complexity and confusion. The letter suggests that neither option is DMA compliant and would "consolidate Apple's stronghold over digital markets."
- The Core Technology Fee and transaction fees will hamper competition and will prevent developers from agreeing to the "unjust terms."
- Apple is using "unfounded privacy and security concerns" to limit user choice. The "scare screens" that Apple plans to show users will "mislead and degrade the user experience."
- Apple is not allowing sideloading, and it is making the installation and use of new app stores "difficult, risky and financially unattractive for developers."

The companies and associations are urging the European Union to take "swift, timely and decisive action against Apple." The way the European Commission responds to Apple's proposal "will serve as a litmus test of the DMA and whether it can deliver for Europe's citizens and economy." Further reading: Apple Backtracks on Removing EU Home Screen Web Apps in iOS 17.4

Apple is reversing its previous decision to remove support for Home Screen web apps in iOS 17.4 for EU users. Apple's statement: Previously, Apple announced plans to remove the Home Screen web apps capability in the EU as part of our efforts to comply with the DMA. The need to remove the capability was informed by the complex security and privacy concerns associated with web apps to support alternative browser engines that would require building a new integration architecture that does not currently exist in iOS.

We have received requests to continue to offer support for Home Screen web apps in iOS, therefore we will continue to offer the existing Home Screen web apps capability in the EU. This support means Home Screen web apps continue to be built directly on WebKit and its security architecture, and align with the security and privacy model for native apps on iOS.

Developers and users who may have been impacted by the removal of Home Screen web apps in the beta release of iOS in the EU can expect the return of the existing functionality for Home Screen web apps with the availability of iOS 17.4 in early March.

A number of government agencies in the European Union and elsewhere have voiced concerns about security risks as Apple opens up its iPhones and iPads to rival app stores to comply with EU tech rules, Apple said on Friday. From a report: Under the Digital Markets Act, from March 7 Apple will be required to offer alternative app stores on iPhones and allow developers to opt out of using its in-app payment system, which charges fees of up to 30%. The U.S. tech giant, which on Jan. 24 detailed the changes to bring its App Store in line with the EU rules, said "sideloading" has sparked concerns from both EU and non-EU government agencies and users.

Longtime Slashdot reader Kant shares a report from Euractiv: The European Parliament decided to ban Amazon representatives from accessing its buildings on Tuesday (February 27), due to multiple events where the global retailing giant did not attend meetings requested by members of the European Parliament, the European Parliament press service confirmed Euractiv. "In line with rule 123/3 and at the request of the [Employment and Social Affairs] Committee, the Quaestors have authorized the Secretary General [Alessandro Chiocchetti] to withdraw the long-term access badges of the interest representatives of Amazon." It is now the responsibility of the secretary general to concretely initiate the process of withdrawing their badges and to determine the duration of the ban, a European Parliament source close to the matter told Euractiv.

According to the EMPL chair Dragos Pislaru, who signed the letter, the US e-commerce company refuses to attend more than one meeting with EU lawmakers to discuss the condition of Amazon workers. Four cases are mentioned in the letter. The first occurred in May 2021, when Amazon did not attend a parliamentary committee meeting on "Amazon attacks on fundamental workers' rights and freedoms: freedom of assembly and association, and the right to collective bargain and action." The second event concerns the refusal by Amazon CEO Jeff Bezos to attend an exchange of views with EU lawmakers -- instead, the company sent a written answer. The last two episodes happened in December 2023 and January 2024. In the former event, Amazon refused access to its facilities in German and Poland to a MEP, while on the latter, the company did not attend another parliamentary committee meeting dedicated to Amazon workers' conditions. In a statement to Euractiv, an Amazon spokesperson said: "We are very disappointed with this decision, as we want to engage constructively with policymakers. [...] Our commitment continues despite this decision. Amazon regularly participates in activities organized by the European Parliament and other EU institutions -- including Parliamentary hearings -- and we remain committed to participating in balanced, constructive dialogue on issues that affect European citizens."

An anonymous reader quotes a report from TechCrunch: Perceiving the demand for alternatives, AI startup Hugging Face several years ago teamed up with ServiceNow, the workflow automation platform, to create StarCoder, an open source code generator with a less restrictive license than some of the others out there. The original came online early last year, and work has been underway on a follow-up, StarCoder 2, ever since. StarCoder 2 isn't a single code-generating model, but rather a family. Released today, it comes in three variants, the first two of which can run on most modern consumer GPUs: A 3-billion-parameter (3B) model trained by ServiceNow; A 7-billion-parameter (7B) model trained by Hugging Face; and A 15-billion-parameter (15B) model trained by Nvidia, the newest supporter of the StarCoder project. (Note that "parameters" are the parts of a model learned from training data and essentially define the skill of the model on a problem, in this case generating code.)a

Like most other code generators, StarCoder 2 can suggest ways to complete unfinished lines of code as well as summarize and retrieve snippets of code when asked in natural language. Trained with 4x more data than the original StarCoder (67.5 terabytes versus 6.4 terabytes), StarCoder 2 delivers what Hugging Face, ServiceNow and Nvidia characterize as "significantly" improved performance at lower costs to operate. StarCoder 2 can be fine-tuned "in a few hours" using a GPU like the Nvidia A100 on first- or third-party data to create apps such as chatbots and personal coding assistants. And, because it was trained on a larger and more diverse data set than the original StarCoder (~619 programming languages), StarCoder 2 can make more accurate, context-aware predictions -- at least hypothetically.

[I]s StarCoder 2 really superior to the other code generators out there -- free or paid? Depending on the benchmark, it appears to be more efficient than one of the versions of Code Llama, Code Llama 33B. Hugging Face says that StarCoder 2 15B matches Code Llama 33B on a subset of code completion tasks at twice the speed. It's not clear which tasks; Hugging Face didn't specify. StarCoder 2, as an open source collection of models, also has the advantage of being able to deploy locally and "learn" a developer's source code or codebase -- an attractive prospect to devs and companies wary of exposing code to a cloud-hosted AI. Hugging Face, ServiceNow and Nvidia also make the case that StarCoder 2 is more ethical -- and less legally fraught -- than its rivals. [...] As opposed to code generators trained using copyrighted code (GitHub Copilot, among others), StarCoder 2 was trained only on data under license from the Software Heritage, the nonprofit organization providing archival services for code. Ahead of StarCoder 2's training, BigCode, the cross-organizational team behind much of StarCoder 2's roadmap, gave code owners a chance to opt out of the training set if they wanted. As with the original StarCoder, StarCoder 2's training data is available for developers to fork, reproduce or audit as they please. StarCoder 2's license may still be a roadblock for some. "StarCoder 2 is licensed under the BigCode Open RAIL-M 1.0, which aims to promote responsible use by imposing 'light touch' restrictions on both model licensees and downstream users," writes TechCrunch's Kyle Wiggers. "While less constraining than many other licenses, RAIL-M isn't truly 'open' in the sense that it doesn't permit developers to use StarCoder 2 for every conceivable application (medical advice-giving apps are strictly off limits, for example). Some commentators say RAIL-M's requirements may be too vague to comply with in any case -- and that RAIL-M could conflict with AI-related regulations like the EU AI Act."

EU lawmakers on Wednesday approved draft rules governing patents key to technologies for telecom equipment and connected cars in the face of criticism from Nokia, Ericsson and other patent holders. From a report: The draft rules proposed by the European Commission in April last year seek to end costly and lengthy litigation over patents used in technologies for telecom equipment, mobile phones, computers, connected cars and smart devices. The European Parliament will now have to thrash out the details of the proposed rules with EU countries before it can become law. Nokia, Ericsson and Siemens in a letter to EU lawmakers in January, highlighted concerns from the European Patent Office, standard-setting body ETSI and other bodies on the draft rules. Lobbying group IP Europe, which counts Nokia, Ericsson and Qualcomm as its members, reiterated its opposition to the draft rules. "The beneficiaries would not be SMEs as claimed but big tech," IP Europe's managing director Patrick McCutcheon said ahead of the lawmakers' vote.

Apple could soon face an investigation over its decision to discontinue iPhone web apps in the European Union, according to a report from the Financial Times. The Verge: The European Commission has reportedly sent Apple and app developers requests for more information to assist in its evaluation. "We are indeed looking at the compliance packages of all gatekeepers, including Apple," the European Commission said in a statement to the Financial Times. "In that context, we're in particular looking into the issue of progressive web apps, and can confirm sending the requests for information to Apple and to app developers, who can provide useful information for our assessment."

Microsoft has struck a deal with French AI startup Mistral as it seeks to broaden its involvement in the fast-growing industry beyond OpenAI. From a report: The US tech giant will provide the 10-month-old Paris-based company with help in bringing its AI models to market. Microsoft will also take a minor stake in Mistral, although the financial details have not been disclosed. The partnership makes Mistral the second company to provide commercial language models available on Microsoft's Azure cloud computing platform. Microsoft has already invested about $13 billion in San Francisco-based OpenAI, an alliance that is being reviewed by competition watchdogs in the US, EU and UK. Other Big Tech rivals, such as Google and Amazon, are also investing heavily in building generative AI -- software that can produce text, images and code in seconds -- which analysts believe has the capacity to shake up industries across the world. WSJ adds: On Monday, Mistral plans to announce a new AI model, called Mistral Large, that Mensch said can perform some reasoning tasks comparably with GPT-4, OpenAI's most advanced language model to date, and Gemini Ultra, Google's new model. Mensch said his new model cost less than 20 million euros, the equivalent of roughly $22 million, to train. By contrast OpenAI Chief Executive Sam Altman said last year after the release of GPT-4 that training his company's biggest models cost "much more than" $50 million to $100 million.

Long-time Slashdot reader BishopBerkeley writes: Though it does not come as much of a surprise, a new study highlighted in IEEE Spectrum delves into how corporate profit motives are preventing the upgrading and the expansion of the U.S. electrical grid. The full report can be downloaded here from the source [the nonprofit economic research group NBER].

Besides opening up the market to competition, utilities don't want to lose control over regional infrastructure, writes IEEE Spectrum. "[I]nterregional lines threaten utility companies' dominance over the nation's power supply. In the power industry, asset ownership provides control over rules that govern energy markets and transmission service and expansion. When upstart entities build power plants and transmission lines, they may be able to dilute utility companies' control over power-industry rules and prevent utilities from dictating decisions about transmission expansion."
The article begins by noting that "The United States is not building enough transmission lines to connect regional power networks. The deficit is driving up electricity prices, reducing grid reliability, and hobbling renewable-energy deployment. " Utilities can stall transmission expansion because out-of-date laws sanction these companies' sweeping control over transmission development... One of the main values of connecting regional networks is that it enablesâ"and is in fact critical forâ"incorporating renewable energy... Plus, adding interregional transmission for renewables can significantly reduce costs for consumers. Such connections allow excess wind and solar power to flow to neighboring regions when weather conditions are favorable and allow the import of energy from elsewhere when renewables are less productive.

Even without renewables, better integrated networks generally lower costs for consumers because they reduce the amount of generation capacity needed overall and decrease energy market prices. Interregional transmission also enhances reliability,particularly during extreme weather...

Addressing the transmission shortage is on the agenda in Washington, but utility companies are lobbying against reforms.
The article points out that now investors and entrepreneurs "are developing long-distance direct-current lines, which are more efficient at moving large amounts of energy over long distances, compared with AC," and also "sidestep the utility-dominated transmission-expansion planning processes."

They're already in use in China, and are also becoming Europe's preferred choice...

A day after the U.S., UK and EU said they had disrupted the ransomware group LockBit, the State Department said the U.S. is offering a reward of up to $15 million for information leading to the identification or location of the leaders of the ransomware group.

Apple has updated the iPhone 15's battery lifespan, noting the new handsets can retain 80 percent of their original charging capacity after 1,000 cycles -- double the company's previous estimate -- without any new hardware or software updates. From a report: Not so coincidentally, the change will arrive in time for upcoming EU regulations that will assign an energy grade for phones' battery longevity. Before today, Apple's online support documents quoted iPhone batteries as maintaining 80 percent of their original full charge after 500 cycles. But after the company retested long-term battery health in its 2023 smartphones -- iPhone 15, iPhone 15 Plus, iPhone 15 Pro and iPhone 15 Pro Max -- it found they can retain 80 percent capacity after at least 1,000 cycles. The company said its support documents will be updated on Tuesday to reflect the new estimate.

An anonymous reader quotes a report from Reuters: The European Union will investigate whether ByteDance's TikTok breached online content rules aimed at protecting children and ensuring transparent advertising, an official said on Monday, putting the social media platform at risk of a hefty fine. EU industry chief Thierry Breton said he took the decision after analyzing the short video app's risk assessment report and its replies to requests for information, confirming a Reuters story. "Today we open an investigation into TikTok over suspected breach of transparency & obligations to protect minors: addictive design & screen time limits, rabbit hole effect, age verification, default privacy settings," Breton said on X.

The European Union's Digital Services Act (DSA), which applies to all online platforms since Feb. 17, requires in particular very large online platforms and search engines to do more to tackle illegal online content and risks to public security. TikTok's owner, China-based ByteDance, could face fines of up to 6% of its global turnover if TikTok is found guilty of breaching DSA rules. TikTok said it would continue to work with experts and the industry to keep young people on its platform safe and that it looked forward to explaining this work in detail to the European Commission.

The European Commission said the investigation will focus on the design of TikTok's system, including algorithmic systems which may stimulate behavioral addictions and/or create so-called 'rabbit hole effects'. It will also probe whether TikTok has put in place appropriate and proportionate measures to ensure a high level of privacy, safety and security for minors. As well as the issue of protecting minors, the Commission is looking at whether TikTok provides a reliable database on advertisements on its platform so that researchers can scrutinize potential online risks.

"Apple will reportedly have to pay around €500 million (about $539 million USD) in the EU," reports the Verge, "for stifling competition against Apple Music on the iPhone. Financial Times reported this morning that the fine comes after regulators in Brussels, Belgium investigated a Spotify complaint that Apple prevented apps from telling users about cheaper alternatives to Apple's music service.... The EU whittled its objections down to oppose Apple's refusal to let developers even link out to their own subscription sign-ups within their apps — a policy that Apple changed in 2022 following regulatory pressure in Japan.

$500 million may sound like a lot, but a much bigger fine of close to $40 billion (or 10 percent of Apple's annual global turnover) was on the table when the EU updated its objections last year. Apple was charged over a billion dollars in 2020, but French authorities dropped that to about $366 million after the company appealed.
The Verge cites an Apple spokesperson who said a year ago that the EU case "has no merit."

Reuters that the EU's fine "is expected to be announced early next month, the Financial Times said."

More from Politico The fine would be the EU's first ever against Apple and is expected to be announced early next month, according to the FT report. It is the result of a European Commission antitrust probe into whether Apple's "anti-steering" requirements breach the bloc's abuse of dominance rules, harming music consumers "who may end up paying more" for apps... The Commission will rule that Apple's actions are illegal and against EU competition rules, according to the report.
"The EU executive will ban Apple's practice of barring music services from letting users know of cheaper alternatives outside the App Store, according to the newspaper."

An anonymous reader quotes a report from The Verge: Epic is one step closer to opening its iOS games store in the European Union. As part of its 2023 year in review, Epic Games announced Apple has reinstated its developer account, which means it will finally be able to let users download Fortnite on iPhones again. Epic first announced plans to bring its game store and Fortnite to iOS in January, but it wasn't clear whether Apple would grant it a developer account.

In 2020, Apple pulled Epic's developer account after the company began using its own in-app payment option in the iOS version of Fortnite, sparking a lengthy legal battle over whether Apple's behavior was anticompetitive. But even after the trial ended, and neither company emerged a clear winner, Apple still refused to reinstate Epic's developer account. Things are changing now that the EU has implemented the Digital Markets Act (DMA). The new rules force Apple to open up its iOS ecosystem to third-party app stores in the EU. Epic Games says it plans to open its iOS storefront in the EU this year. "I'll be the first to acknowledge a good faith move by Apple amidst our cataclysmic antitrust battle, in granting Epic Games Sweden AB a developer account for operating Epic Games Store and Fortnite in Europe under the Digital Markets Act," Sweeney says in a post on X.

Apple is officially cutting support for progressive web apps for iPhone users in the European Union. While web apps have been broken for EU users in every iOS 17.4 beta so far, Apple has confirmed that this is a feature, not a bug. Commenting on Apple's move, Epic CEO Tim Sweeney tweeted: I suspect Apple's real reason for killing PWAs is the realization that competing web browsers could do a vastly better job of supporting PWAs -- unlike Safari's intentionally crippled web functionality -- and turn PWAs into legit, untaxed competitors to native apps.

The European Union is expanding its strict digital rulebook on Saturday to almost all online platforms in the bloc, in the next phase of its crackdown on toxic social media content and dodgy ecommerce products that began last year by targeting the most popular services. From a report: The EU's trailblazing Digital Services Act has already kicked in for nearly two dozen of the biggest online platforms, including Facebook, Instagram, YouTube, Amazon and Wikipedia. The DSA imposes a set of strict requirements designed to keep internet users safe online, including making it easier to report counterfeit or unsafe goods or flag harmful or illegal content like hate speech as well as a ban on ads targeted at children.

Now the rules will apply to nearly all online platforms, marketplaces and "intermediaries" with users in the 27-nation bloc. Only the smallest businesses, with fewer than 50 employees and annual revenue of less than 10 million euros ($11 million), are exempt. That means thousands more websites could potentially be covered by the regulations. It includes popular ones such as eBay and OnlyFans that escaped being classed as the biggest online platforms requiring extra scrutiny.

Apple has now offered an explanation for why iOS 17.4 removes support for Home Screen web apps in the European Union. Spoiler: it's because of the Digital Markets Act that went into effect last August. 9to5Mac reports: Last week, iPhone users in the European Union noticed that they were no longer able to install and run web apps on their iPhone's Home Screen in iOS 17.4. Apple has added a number of features over the years to improve support for progressive web apps on iPhone. For example, iOS 16.4 allowed PWAs to deliver push notifications with icon badges. One change in iOS 17.4 is that the iPhone now supports alternative browser engines in the EU. This allows companies to build browsers that don't use Apple's WebKit engine for the first time. Apple says that this change, required by the Digital Markets Act, is why it has been forced to remove Home Screen web apps support in the European Union.

Apple explains that it would have to build an "entirely new integration architecture that does not currently exist in iOS" to address the "complex security and privacy concerns associated with web apps using alternative browser engines." This work "was not practical to undertake given the other demands of the DMA and the very low user adoption of Home Screen web apps," Apple explains. "And so, to comply with the DMA's requirements, we had to remove the Home Screen web apps feature in the EU." "EU users will be able to continue accessing websites directly from their Home Screen through a bookmark with minimal impact to their functionality," Apple continues.

It's understandable that Apple wouldn't offer support for Home Screen web apps for third-party browsers. But why did it also remove support for Home Screen web apps for Safari? Unfortunately, that's another side effect of the Digital Markets Act. The DMA requires that all browsers have equality, meaning that Apple can't favor Safari and WebKit over third-party browser engines. Therefore, because it can't offer Home Screen web apps support for third-party browsers, it also can't offer support via Safari. [...] iOS 17.4 is currently available to developers and public beta testers, and is slated for a release in early March. The full explanation was published on Apple's developer website today.

An anonymous reader quotes a report from Ars Technica: The European Court of Human Rights (ECHR) has ruled that weakening end-to-end encryption disproportionately risks undermining human rights. The international court's decision could potentially disrupt the European Commission's proposed plans to require email and messaging service providers to create backdoors that would allow law enforcement to easily decrypt users' messages. This ruling came after Russia's intelligence agency, the Federal Security Service (FSS), began requiring Telegram to share users' encrypted messages to deter "terrorism-related activities" in 2017, ECHR's ruling said. [...] In the end, the ECHR concluded that the Telegram user's rights had been violated, partly due to privacy advocates and international reports that corroborated Telegram's position that complying with the FSB's disclosure order would force changes impacting all its users.

The "confidentiality of communications is an essential element of the right to respect for private life and correspondence," the ECHR's ruling said. Thus, requiring messages to be decrypted by law enforcement "cannot be regarded as necessary in a democratic society." [...] "Weakening encryption by creating backdoors would apparently make it technically possible to perform routine, general, and indiscriminate surveillance of personal electronic communications," the ECHR's ruling said. "Backdoors may also be exploited by criminal networks and would seriously compromise the security of all users' electronic communications. The Court takes note of the dangers of restricting encryption described by many experts in the field."

Martin Husovec, a law professor who helped to draft EISI's testimony, told Ars that EISI is "obviously pleased that the Court has recognized the value of encryption and agreed with us that state-imposed weakening of encryption is a form of indiscriminate surveillance because it affects everyone's privacy." [...] EISI's Husovec told Ars that ECHR's ruling is "indeed very important," because "it clearly signals to the EU legislature that weakening encryption is a huge problem and that the states must explore alternatives." If the Court of Justice of the European Union endorses this ruling, which Husovec said is likely, the consequences for the EU's legislation proposing scanning messages to stop illegal content like CSAM from spreading "could be significant," Husovec told Ars. During negotiations this spring, lawmakers may have to make "major concessions" to ensure the proposed rule isn't invalidated in light of the ECHR ruling, Husovec told Ars. Europol and the European Union Agency for Cybersecurity (ENISA) said in a statement: "Solutions that intentionally weaken technical protection mechanisms to support law enforcement will intrinsically weaken the protection against criminals as well, which makes an easy solution impossible."