Tag Archives: DMA

The side not illuminated

The BBC (at https://www.bbc.com/news/articles/c5111qxl2nro) is giving us ‘Apple in breach of law on App Store, says EU’ We get a few sides, but one side is not given to us. We are given “European Union regulators have accused Apple of being in breach of new laws designed to rein in big tech companies” It sounds nice, but at present the station “rein in big tech companies” is at least sanctimonious. We are also given “The firm charges developers an average of 30% commission on its App Store” and the penalty is given as we are given “The firm faces a potential fine of up to 10% of its global revenue if it fails to comply with the rules”. You see the one part we are NOT given is that all these developers get a channel to publish their work. The get their million by harassing people with advertising. These developers have no interest in giving gamers a real gaming satisfaction (some, but massively too little). So the EU should consider the fallout. You see Apple and Google could do two things. Pull all the games with an advertising channel, stating that this is not permitted. The second part is that they can start charging for the service. The bulk of these gaming ‘companies’ will soon thereafter collapse. You see when all these companies get CHARGED for spreading these games and cyber security. The net thing we see is that these companies will go somewhere else and the dangers of servicing hackers becomes rather large. 

The next part is that this becomes a new setting where the UAE and Saudi Arabia will get the option to offer the same thing Apple and Google did, but charging a mere 5% to 10%, the rest will probably going to China, making the EU and US lose even more revenue. 

All this because the shareholders of Epic Games wanted more revenue and they got this by throwing a tantrum like a child so that they get charged less for services. And lets be clear, they were eager to accept the deal when they were small, now that they are big they can afford to pay for the services. But that is not the only part. Epic Games wanted another path and when even one of these 3rd parties get to be hacked and the players get the damage, Epic Games will face the largest class action lawsuit in history. At that point I wonder how the shareholders will reflect on a pay cycle that will cost them billions. They had a safe environment with Apple and Google, but when that falls away these two will help to give the victims all the numbers and all the support they need to clean out the vaults of all the game developers who took the greedy way out. In addition the EU will get a new problem. As game makers fall flat and optionally move to China or the Middle East the EU will lose revenue. In the last 8 years 10 games made $13,000,000,000. So what will the EU do when that goes to China (or the Middle East)? There are over 200 companies, 105 made over $500,000,000. This was a bad call. These politicians have a socialistic mindset, Take from the rich, but they forget that these rich companies set the foundation of growth. Sergey Brin, Steve Jobs, Mark Zuckerberg and Jeff Bezos were real innovators. The mediocrity of Microsoft is pushing them back more and more. And whilst they might be shown as the richest, they are losing more and more ground. Now with the EU, more and more business will move to better (read: non-European and American) shores. 

And the EU did this to themselves. Consider the DMA:

  • Business users who depend on gatekeepers to offer their services in the single market will have a Fairer business environment (But these services come at a cost, no more Freebees)
  • allow third parties to inter-operate with the gatekeeper’s own services in certain specific situations. (If hacked those services become nullified)

Just to part, the first will nullify these innovators, they cannot afford these services and they will go to a cheap solution making them a target for hackers. The second part will end some games, gamers have no patience and no humour. So when their game stops they will all cry like little children, their toy was taken away and when a hacker does get to upper hand, the class actions will come calling for all these companies. It is a war that the EU cannot win and the larger companies will become empty shells (my prediction). 

Until this first case was decided there was merely a threat of things, now it is coming to pass. 

I wonder what happens to the ‘fake’ economy in Europe when this starts. When advertising through gaming stops. What will the damage be? Amazon, Apple and Google have other means for getting advertising revenue. The others? Anyones guess, but there is a chance that a few hundred companies are sweating because no revenue meant no cost and that could stop now. So they need to find bankers. And what will those bankers demand? All issues that the DMA (Digital Markets Act) did not consider. I believe that this Apple case is opening a can of worms  no one is ready for and the implications are long term.

And now it is Thursday, Enjoy this day when you get to this point.

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Fear is the key

Yes, it is a setting, but also the title of a Alistair McLean novel. And fear came to mind when I saw ‘New EU law could open up messaging and app buying’ (at https://www.bbc.com/news/technology-63458377), for the most I am all for open markets, the problem however is that these small players aren’t too concerned about safety. The fear becomes that these small players will be a platform for hackers and criminals to propagate THEIR agenda and I do very much have a problem with that. So as the article gives us “Under the DMA, smaller messaging apps will be able to ask the tech gatekeepers to allow their users to send and receive messages via the bigger firm’s platform. However, large firms will not be required to make more advanced features interoperable immediately. Under the plans, audio and video calls between two individual users or groups of end users on different platforms will not happen for four years.” This statement gives us two dangers. Danger number one is that the small player is propagating party X (aka hacking party), we cannot state that there was intent, or that there was malicious intent. There is every chance that these maker are unaware. The second danger is that the absence of ‘advanced features’ which would include certain security measures. Yes, that is a speculation, but these security measures tent to be more advanced, hence the danger of missing out. I wonder what excuse these ‘enablers’ have when things go wrong, because there is EVERY chance that this will happen. In certain cases, could the BEUC be held accountable for damages to mobiles and persons? It is a fair question, because the rules of torts tell is to go after the money and the EU has plenty, not?

So as we are given “Margrethe Vestager, the commissioner for competition, who originally proposed the legislation said: “We invite all potential gatekeepers, their competitors or consumer organisations, to come and talk to us about how to best implement the DMA.”” I personally wonder who will ask the EU to be held accountable for any hacks that get propagated this way and more important can these smaller players be held liable? That last part is dicey on a few levels. It sets the stage that the consumer has to agree to an ‘as is’ policy, which means that the consumer gets to be held accountable for any damages. This is not a good setting to be in. 

I am all for open markets, but until the EU (US too) has actual victories against hackers, I fear the worst will happen and it tends to happen too soon when no one is prepared or has a clue, a mindset the EU is well familiar with.

I have every intention to ban messages that are not from my provider, which is dangerous as Optus has been hacked into to the largest degree, so I am not holding my breath regarding any mobile safety at present.

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