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activities/deviceneutrality/devices.en.xhtml
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@@ -15,7 +15,7 @@
<div id="introduction">
<p>
Although digital devices are ubiquotous today, the number of devices on
Although digital devices are ubiquitous today, the number of devices on
which users cannot run Free Software is exponentially increasing. The
consequence is an increased loss of control over users' technology.
Device neutrality aims to enable end-users to bypass gatekeepers to have
@@ -34,16 +34,16 @@
<p>
Digital devices are a present reality in all aspects of life. We use them
for work, communication, entertainment and internet access. Such devices
are powerful machines, allowing us to have access to an huge ammount of
are powerful machines, allowing us to have access to a huge amount of
features, and perform an infinite number of tasks. Our smartphones,
tablets, laptops and other connected devices are <i>general purpose
computers</i>. It means we can potentially run any software we want to
make full use of the hardware. Software freedom depends how we can run
make full use of the hardware. Software freedom depends on how we can run
software in devices. Safeguarding <a
href="/freesoftware/freesoftware.html">Free Software four freedoms</a>
over operating systems, drivers, app stores, browsers and any software is
crucial not only for freedom of choice, but also for a healthy,
competitive and democratic digital enviroment.
competitive and democratic digital environment.
</p>
<figure class="max-width-100 no-border">
@@ -51,8 +51,8 @@
src="https://pics.fsfe.org/uploads/medium/f249f62be8feafee1ce40b9128c91a11.jpg"
alt="Several people working together in a table with different kinds of devices." />
<figcaption>
We use and interact with devices everyday. Software freedom depends how
we can control them. Photo credit: Helena Lopes, Unsplash License.
We use and interact with devices every day. Software freedom depends on
how we can control them. Photo credit: Helena Lopes, Unsplash License.
</figcaption>
</figure>
@@ -61,31 +61,30 @@
<p>
Although the devices we use are general purpose computers, device
manufacturers, vendors and internet platforms have been restricting
software freedom due by exercizing their monopolistic control over our
software freedom due by exercising their monopolistic control over our
equipment. Operating systems, browsers and app-stores constitute a
"<i>termination monopoly</i>" which grants such companies powers in the
sense that they could be considered "gatekeepers" of gateways for end-user
to access and control software running on their devices.
sense that they could be considered "gatekeepers" of gateways for
end-users to access and control software running on their devices.
</p>
<p>
Therefore, manufacturers, vendors and platforms controlling devices may
perform a "<i>gatekeeper function</i>" in similar ways that a provider of
perform a "gatekeeper function" in similar ways that a provider of
an internet access connection controls a "gateway" to the internet. For
instance, today's reality of digital markets demonstrate that end-users
have very few alternatives concerning operating systems and app-stores for
mobile devices. Browser market is also highly concentrated. Even worse is
the control access and control over operating system of connected devices
the access and control over the operating system of connected devices
such as smartwatches and internet of things (IoT) equipment. In general
terms, tech companies achieve their gatekeeper power by:
</p>
<ul>
<li>
<strong>Restricting Software Freedom</strong>: Gatekeepers limit users
to install different operating systems, browsers, apps stores, drivers,
etc on their devices. They also impose on users pre-installed apps and
etc. on their devices. They also impose on users pre-installed apps and
control their uninstallation.
</li>
@@ -97,9 +96,9 @@
</li>
<li>
<strong>Increasing switching costs</strong>: Gatekeepers mantain users
in „walled gardens“, tie devices to online accounts, bundle app-stores
and hamper data portability, making it harded for users to switch
<strong>Increasing switching costs</strong>: Gatekeepers maintain users
in "walled gardens", tie devices to online accounts, bundle app-stores
and hamper data portability, making it harder for users to switch
software, devices and services.
</li>
</ul>
@@ -113,27 +112,26 @@
</a>
</figure>
<h2>Device Neutrality and Free Sofware</h2>
<h2>Device Neutrality and Free Software</h2>
<p>
The monopolistic power of gatekeepers threats software freedom, indiviual
autonomy, consumer welfare and digital sovereingty. Device Neutrality
represent ways to desintermediate the power of gatekeepers to reestablish
The monopolistic power of gatekeepers threats software freedom, individual
autonomy, consumer welfare and digital sovereignty. Device Neutrality
represent ways to disintermediate the power of gatekeepers to re-establish
competition on markets and end-user control over devices. Users should be
able to bypass gatekeepers to restate the ability to run Free Software in
their equipment. Device Neutrality's main goal is to resolve the
termination monopoly over devices so users can enjoy software freedom and
termination monopoly over devices, so users can enjoy software freedom and
have access to alternative services and content with their devices.
</p>
<p>
Since its genesis, the FSFE has been working to put control over
technology in the hands of end-users.
Along the years, we have gained experience with several dedicated
activities focused on how users can keep
technology in the hands of end-users. Along the years, we have gained
experience with several dedicated activities focused on how users can keep
their control over devices. For us, re-establishing user control over
devices and fair competition on digital
markets require the fostering and protection of the following princiles:
devices and fair competition on digital markets require the fostering and
protection of the following principles:
</p>
<figure class="max-width-100 no-border">
@@ -149,7 +147,7 @@
<li>
<strong>Software Freedom</strong>: blocking end-users' freedom to
install, run and uninstall software on their devices is a central source
of gatekeepers control. Altough gatekeepers may argue that installing
of gatekeepers control. Although gatekeepers may argue that installing
third party software could be potentially harmful to users due to
security, data integrity and privacy concerns, in fact commercial
interests are the main drive to lock users in. Instead, regaining
@@ -162,7 +160,7 @@
<li>
<strong>No lock-in</strong>: Keeping users in very restrictive
enviroments is another key source of gatekeeper control. Users can only
environments is another key source of gatekeeper control. Users can only
access and use different services if their devices can interact and
communicate with other devices and services. Big tech exercises direct
control over their customers by locking them into a very limited number
@@ -175,8 +173,8 @@
party apps are fundamental. Equally important, devices should not be
bundled with app stores and online accounts. Gatekeepers should permit
third-party app stores and code repositories in their devices.
Gatekeepers should provide non-discriminatory acess to Free Software in
their stores and not favor or give undue preference to their own
Gatekeepers should provide non-discriminatory access to Free Software in
their stores and not favour or give undue preference to their own
products.
</li>
@@ -184,7 +182,7 @@
<strong>End-user control over data</strong>: Breaking monopolies over
devices necessarily requires empowering users to control their own data
on equipment. Smartphones, smartwatches and computers are very personal
equipment which accumulate a large amount of personal and non personal
equipment which accumulate a large amount of personal and non-personal
data that users care about. Such data constitutes a switching cost that,
taken together, can be decisive for users to exercise their freedom to
changing devices. This is especially problematic for switching between
@@ -204,16 +202,16 @@
<h2>Digital Markets Act: enforcing Device Neutrality in the EU</h2>
<p>
Device Neutrality got attention from policy makers in Europe and in 2022
Device Neutrality got attention from policymakers in Europe and in 2022
was included in the
<a href="/activities/devices/devices.html">Digital Markets Act (DMA)</a>,
the European Union's largest initiative to regulate gatekeepers in digital
markets. Although the law contains the principles for making Device
Neutrality a reality, its regulations concern only very large platforms.
The DMA establishes obligations for gatekeepers - “do’s” and “don’ts” they
The DMA establishes obligations for gatekeepers - “dos” and “don’ts” they
must comply with, and prescripts fines and penalties for infringements.
The DMA encompasses several rules concerning Device Neutrality, including
safeguarding the right to unistall pre-installed software, several
safeguarding the right to uninstall pre-installed software, several
measures for preventing lock-in, as well as fostering interoperability and
end-user control over personal data.
</p>
@@ -228,7 +226,7 @@
<a href="/activities/routers/routers.html">Router Freedom</a> and
<a href="/activities/radiodirective/radiodirective.html">EU Radio
Lockdown</a> refer to the hardware layer of net neutrality principles.
Such activites relate with what could be considered the first step for
Such activities relate with what could be considered the first step for
Device Neutrality from the perspective of telecommunications law. Besides,
our activities focused on digital sustainability, as
<a href="/activities/upcyclingandroid/">Upcycling Android</a> have a
@@ -255,7 +253,7 @@
knowledge for the Free Software community, it is far from being current
commercial practices by gatekeepers. Monitoring the enforcement and
compliance of the DMA, the conduction of device-related activities and
promoting software freedom requires a lot of ressources. <a
promoting software freedom requires a lot of resources. <a
href="https://my.fsfe.org/donate">Please consider becoming a FSFE
donor</a>; you help make possible our long-term engagement and
professional commitment in defending people's rights to control

96
activities/deviceneutrality/dma.en.xhtml
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@@ -34,14 +34,14 @@
<p>
The <a
href="https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/digital-markets-act-ensuring-fair-and-open-digital-markets_en">Digital
Markets Act (DMA)</a> is a EU law approved in 2022 to regulate the
Markets Act (DMA)</a> is an EU law approved in 2022 to regulate the
economic activity of large digital platforms that act as "gatekeepers" in
an attempt to create a fairer and more competitive market for online
platforms in the EU. The DMA is an important advancement for setting
several anti-monopoly obligations that impact software freedom,
interoperability and control over personal data. The three principal
elements of the DMA refers to the designation of gatekeepers, the list of
do's and dont's and the enforcement mechanisms.
dos and don'ts and the enforcement mechanisms.
</p>
<figure class="max-width-100 no-border">
@@ -70,9 +70,9 @@
as "<i>gatekeepers</i>". Such designation is done by the European
Commission based on a cumulative "three criteria test" listed in Art.3(1):
Gatekeepers are those companies with "significant impact on the EU
internal market", which "control an important important gateway for
business users to reach end-users", and enjoy an "entrenched and durable
position in the market".
internal market", which "control an important gateway for business users
to reach end-users", and enjoy an "entrenched and durable position in the
market".
</p>
<p>
@@ -80,9 +80,9 @@
above some thresholds for a certain period (in general 3 years), which are
lay down in Art. 3(2). The company should present an annual EU turnover ≥
EUR 7.5 billion, or an average market capitalisation or equivalent fair
market value ≥ EUR 75 billion and the CPS sould be provided in at least 3
market value ≥ EUR 75 billion and the CPS should be provided in at least 3
Member States. For the provided CPS, a reach of more than 45 million
monthly active end-users in the EU and ≥ 10.000 in the last financial
monthly active end-users in the EU and ≥ 10,000 in the last financial
year. The Commission can designate gatekeepers not necessarily that meet
these requirements, but fall under the criteria of Art. 3(1).
</p>
@@ -93,7 +93,7 @@
<p>
The two principal DMA objectives are promoting "contestability" and
"fairness" in digital markets. These are specific legal terms. Since DMA
concerns economic rights, it is a consumer protection legislation on a
concerns economic rights, it is a consumer protection legislation in a
strict sense, but it contains rules that affect directly and indirectly
end-users. For the DMA, "<i>fairness</i>" means the imbalance of power
between gatekeepers and business users which confers a disproportionate
@@ -104,7 +104,7 @@
alternative routes to market, and third party services and products (e.g.
Free Software) should enjoy equitable treatment relative to the
gatekeeper's services. In other words, gatekeepers should not restrict
business and end-users from accessing rival routes to market for acessing
business and end-users from accessing rival routes to market for accessing
content, software and other digital services.
</p>
@@ -119,7 +119,7 @@
<p>
For each of the gatekeeper’s core platform services designated by the
Commission, a set of ‘hard’ and ‘soft’ obligations are imposed in Arts.
Commission, a set of "hard" and "soft" obligations are imposed in Arts.
5-7, coupled with corrective mechanisms (Arts. 8-13). Provisions related
to Device Neutrality are:
</p>
@@ -133,7 +133,7 @@
<li>
<strong>Art. 5(4)</strong>: Gatekeepers cannot prohibit business users
(e.g. app developers) to conclude contracts with consumers outside of
(e.g. app developers) to conclude contracts with consumers outside
the gatekeeper' app store, so that they are not required to use the app
store's payment system.
</li>
@@ -142,7 +142,7 @@
<strong>Art. 5(5)</strong>: Gatekeepers should allow end-users to access
and use through a business user’s app (e.g. a third-party pp) any
content, subscriptions, features or other functionalities, even when
these have been acquired outside of the gatekeeper’s CPSs (e.g. using a
these have been acquired outside the gatekeeper’s CPSs (e.g. using a
subscription acquired outside the gatekeeper's app).
</li>
@@ -162,31 +162,31 @@
<li>
<strong>Art. 6(3)</strong>: Gatekeepers are requested to allow and
technically enable end users to un-install any pre-installed software in
technically enable end users to uninstall any pre-installed software in
devices excluding those essential to the functioning of the operating
system or device, and which cannot be offered by third parties on a
standalone basis. Besides, gatekeepers must also allow and technically
enable end-users to change those default settings on operating system as
long as they do not endager the integrity of its operating system or
hardware.
enable end-users to change those default settings on the operating
system, as long as they do not endanger the integrity of its operating
system or hardware.
</li>
<li>
<strong>Art. 6(4)</strong>: Gatekeepers are requested allow and
<strong>Art. 6(4)</strong>: Gatekeepers are requested to allow and
technically enable the installation and use of third-party apps or app
stores on its operating system. They must allow these apps and app
stores to be accessed via side-loading. Gatekeepers cannot prevent these
third-party apps and app stores from prompting users to decide whether
the downloaded app (store) should be the default. However, gatekeepers
can take strictly necessary and proportionate measures to ensure that a
third-party app (store) does not endager the integrity of its operating
third-party app (store) does not endanger the integrity of its operating
system or hardware or to enable end-users to effectively enable
security.
</li>
<li>
<strong>Art. 6(5)</strong>: Gatekeepers cannot prefer their own products
and services more favorably in ranking and search results, or in their
and services more favourably in ranking and search results, or in their
own app stores.
</li>
@@ -229,10 +229,10 @@
<ol>
<li>
Immediatly after gatekeeper designation: End-to-end text messaging
Immediately after gatekeeper designation: End-to-end text messaging
and the sharing of images, voice messages, videos and other attached
files between two individual end users should be implemented
immediatly after the EC designtating the gatekeeper.
immediately after the EC designating the gatekeeper.
</li>
<li>
@@ -261,15 +261,15 @@
the regulation. However, unlike telecom law, which charges national
regulatory authorities, enforcement is centralized on the European
Commission. Besides, differently from competition law, the Commission
imposes remedies on them in advance and not after long and lenghty
imposes remedies on them in advance and not after long and lengthy
antitrust procedures. For that, the Commission was granted significant
legal powers for enforcing the obligations.
</p>
<p>
Companies falling under the quantitative thresholds of gatekeeper
desingation criteria (Art. 3(2) should automatically notify the
Commission, which which will identify the services and products that will
designation criteria (Art. 3(2)) should automatically notify the
Commission, which will identify the services and products that will
be regulated. The Commission can also conduct an investigation and
designate further companies as gatekeepers that meet the qualitative
criteria of Art. 3(1).
@@ -277,7 +277,7 @@
<p>
Gatekeepers should provide audit reports to the Commission on the measures
implemented within 6 months after their designation (Art. 11(1). The DMA
implemented within 6 months after their designation (Art. 11(1)). The DMA
contains anti-circumvention provisions in Art. 13(4) forbidding
gatekeepers to engage in behaviour that undermines the effective
implementation of the obligations.
@@ -286,7 +286,7 @@
<p>
The DMA provides the EC with a market investigation tool (Art. 16) to
examine whether a company should be designated as a gatekeeper, to
investigate non-compliance by gatekeepers and to update the list of
investigate non-compliance by gatekeepers, and to update the list of
services and the obligations. In case of non-compliance, the gatekeepers
the possibility to offer commitments to end further proceedings. The
Commission can impose fines up to 10% of the yearly turnover and, in case
@@ -306,10 +306,10 @@
<p>
The monopolistic power of large tech corporations causes distortions on
digital markets affecting negatively end-users' rights and control over
devices. User freedoms relating to Free Software depends on an political
and economical enviroment in which they can exercise their free choice
when using their devices without being stuck on closed enviroments under
digital markets affecting negatively end-users’ rights and control over
devices. User freedoms relating to Free Software depends on a political
and economic environment in which they can exercise their free choice
when using their devices without being stuck in closed environments under
control of gatekeepers. Digital markets will benefit with DMA regulating
the commercial practices of large platforms, forcing them to facilitate
access to Free Software in devices. Device Neutrality translates in the
@@ -317,7 +317,7 @@
vendor lock-in, and data portability. The right for end-users to use their
own device and operating system is an important factor to guarantee access
of Free Software operating systems to dominant platforms. As a daily
reality for many users this option enlarges the audience for Free Software
reality for many users, this option enlarges the audience for Free Software
adoption. However, the future holds challenges for the practical
implementation of the DMA rules and ultimately Device Neutrality.
</p>
@@ -331,8 +331,8 @@
</a>
<figcaption>
The DMA represents a significant step for breaking monopolies over
devices. However practical implementation may present challenges for
Free Sofware and Open Standards.
devices. However, practical implementation may present challenges for
Free Software and Open Standards.
</figcaption>
</figure>
@@ -342,10 +342,10 @@
Still in the legislative process, the FSFE defended the inclusion of clear
language mandating the adoption of Open Standards for the interoperability
obligations, which was not contemplated in the final version of the law.
Instead, the DMA mentions "<i>free and effective interoperability</i>"
(art. 6(7) regarding hardware and software features that can be
Instead, the DMA mentions "free and effective interoperability"
(Art. 6(7)) regarding hardware and software features that can be
accessed/controlled via an operating system by third parties, as well as
"<i>fair, reasonable and non-discriminatory access conditions</i>" to app
"fair, reasonable and non-discriminatory access conditions" to app
stores, search engines and operating systems. The solution adopted may
allow gatekeepers to implement proprietary standards and restrictive
access to APIs that are incompatible with Free Software. This was a lost
@@ -360,17 +360,17 @@
<p>
Another source of concern relates to how the law allows gatekeepers to
limit interoperability for the sake of integrity and security of the
gatekeepers' services or devices (art. 6 (3) and (7). Our experience
gatekeepers' services or devices (Art. 6 (3) and (7)). Our experience
demonstrates that companies have been electing security concerns to limit
users' rights and software freedom even at the ausence of empirical
users' rights and software freedom even in the absence of empirical
evidence of such risks for the integrity of the devices. Instead,
commecial interests are the main drive to persue such restrictive
commercial interests are the main drive to pursue such restrictive
practices. Such disposition in the DMA has the potential to hinder
compliance or even, in a worse case, strengh or consolidate the
gatekeepers' entranched position in the market.
compliance or even, in a worse case, strength or consolidate the
gatekeepers' entrenched position in the market.
</p>
<h3>Complex digital and market enviroments</h3>
<h3>Complex digital and market environments</h3>
<p>
The procedural enforcement efforts also raise questions regarding
@@ -382,11 +382,11 @@
implementation. As our experience has shown with Router Freedom in the EU,
although the related telecom rules were much simpler to implement, even so
it has been taking years to be properly applied by national regulators in
the EU. Threfore, not only the lobbying power of such platforms, the
the EU. Therefore, not only the lobbying power of such platforms, the
allowances the law made towards "security and integrity", the absence of
clear language mandating Open Stardards and also market pressure can
relativize the enforcement priorities of the Commission and other policy
making bodies.
clear language mandating Open Standards and also market pressure can
relativize the enforcement priorities of the Commission and other
policymaking bodies.
</p>
<h2>Your help for Device Neutrality is needed</h2>
@@ -396,9 +396,9 @@
telecommunications and internet legislation, working together with the
commission in antitrust cases, as well as with national regulatory bodies.
We will continue to dedicate efforts in the process of enforcing the DMA
and making Device Neutrality a reality in the EU. For that we count with
and making Device Neutrality a reality in the EU. For that, we count with
your support for our work with a donation. Get active and help us
empowering you to regain control over your devices!
empower you to regain control over your devices!
</p>
<figure class="max-width-100 no-border">