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activities/deviceneutrality/index.en.xhtml
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By becoming a supporter of the FSFE you empower our work and help to assure our financial independence.
</p>
<a href="https://my.fsfe.org/support" class="big-donate">Become a supporter</a>
<fsfe-cd-donate-link class="big-donate">Become a supporter</fsfe-cd-donate-link>
</sidebar>

138
activities/dma/dma.en.xhtml
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@@ -22,16 +22,16 @@
legislation, fostering access to Free Software in devices.
</p>
</div>
<!-- @TRANSLATORS: the banner's source file you find here:
<!-- @TRANSLATORS: the banner's source file you find here:
https://download.fsfe.org/device-neutrality/device-neutrality-logo-banner.odp -->
<figure class="max-width-100 no-border">
<img
src="https://pics.fsfe.org/uploads/big/de9a14dc3122b5c304d8644d584abb6c.png"
alt="Device neutrality: safeguarding free software in devices" />
</figure>
<div class="toc">
<p>Table of contents</p>
<ol>
@@ -58,7 +58,7 @@
<a href="#dma-your-help">Help making Device Neutrality a Reality!</a>
</li>
</ol>
</div>
</div>
<h2 id="dma-monopolisation-end-user-rights">Market monopolisation and end-users' rights</h2>
@@ -68,20 +68,20 @@
devices. Users' freedoms relating to Free Software depend 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.
</p>
<p>
<a href="/activities/deviceneutrality/devices.html">Device Neutrality</a> is
control of gatekeepers.
</p>
<p>
<a href="/activities/deviceneutrality/devices.html">Device Neutrality</a> is
a policy concept aimed to deal with unbalanced power over digital devices.
Free Software has a central role to re-establish fair competition
and market dynamics that are more favourable to end-users. In this page we
and market dynamics that are more favourable to end-users. In this page we
will learn how digital markets can benefit from strict rules for
regulating the economic activity of companies with such power. The Digital Markets
Act (DMA) is an example of such regulation. With proper enforcement, the law has
the potential to facilitate access to Free Software in devices.
</p>
regulating the economic activity of companies with such power. The Digital Markets
Act (DMA) is an example of such regulation. With proper enforcement, the law has
the potential to facilitate access to Free Software in devices.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/9582a72c2875f67c324db79ffe35ec66.jpg"
@@ -90,17 +90,17 @@
Monopolies in digital markets affect directly end-users' rights over devices.
</figcaption>
</figure>
<p>
Device Neutrality translates in the DMA as stricter consent rules for
pre-installed apps, safeguards against vendor lock-in, and data interoperability.
<p>
Device Neutrality translates in the DMA as stricter consent rules for
pre-installed apps, safeguards against vendor lock-in, and data interoperability.
Such regulatory elements represent powerful mechanisms to safeguard better
access and usage of Free Sofware in devices by end-users. Nevertheless, the enforcement
of these rules holds challenges for the practical implementation of Device Neutrality principles, and
of these rules holds challenges for the practical implementation of Device Neutrality principles, and
ultimate attainment of Device Neutrality.
</p>
<h2 id="dma-overview">Digital Markets Act: an overview</h2>
<p>
@@ -116,7 +116,7 @@
dos and don'ts, and the enforcement mechanisms.
</p>
<h3 id="dma-gatekeepers">Who are the gatekeepers</h3>
@@ -128,7 +128,7 @@
systems, web browsers, virtual assistants, cloud computing services, and
online advertising.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/bd189c869dba6146ebd88f81e616c8eb.png"
@@ -148,11 +148,11 @@
internal market", which "control an important gateway for business users
to reach end-users", and enjoy an "entrenched and durable position in the
market". The DMA presumes the criteria are met when the company is extremely
large with an average market capitalisation of ≥ EUR 75 billion and more than
large with an average market capitalisation of ≥ EUR 75 billion and more than
45 million monthly active end-users.
</p>
<module id="banner-subscribe" />
<module id="banner-subscribe" />
<h3 id="dma-device-neutrality-rules">Device Neutrality rules in the DMA</h3>
@@ -163,14 +163,14 @@
end-users from monopolistic practices and promoting fair competition
among market players. For Device Neutrality, this means that
end-users should be able to bypass gatekeepers and have the right to access
alternative routes to the markets, so they can enjoy products and services
not dominated by gatekeepers (e.g. installing Free Software on their devices).
In other words, gatekeepers should not restrict business and individual end-users from
accessing rival routes to market for content, software, and other
alternative routes to the markets, so they can enjoy products and services
not dominated by gatekeepers (e.g. installing Free Software on their devices).
In other words, gatekeepers should not restrict business and individual end-users from
accessing rival routes to market for content, software, and other
digital services.
</p>
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/d2484017914fd8dc06a6ba9621d5e8ff.png"
@@ -181,46 +181,46 @@
</figcaption>
</figure>
<p>
The DMA presents a list of "hard" and "soft" obligations for each of
The DMA presents a list of "hard" and "soft" obligations for each of
the gatekeeper’s core platform services that are designated by the
Commission in Arts. 5-7, coupled with corrective mechanisms
Commission in Arts. 5-7, coupled with corrective mechanisms
in Arts. 8-13. These include <a
href="https://download.fsfe.org/device-neutrality/art-dma-dn.pdf">
several provisions related to Device Neutrality</a>.
</p>
<p>
In relation to <strong>software freedom</strong>, gatekeepers
are required to allow end-users to uninstall any pre-installed
software in devices (Art. 6(3)), as well as to enable the installation
In relation to <strong>software freedom</strong>, gatekeepers
are required to allow end-users to uninstall any pre-installed
software in devices (Art. 6(3)), as well as to enable the installation
and use of third-party apps or apps stores on devices (Art. 6 (4)).
</p>
<p>
The DMA includes several provisions to enhance the <strong>protection
against vendor lock-in</strong>. Gatekeepers cannot prohibit app developers
to set different prices and conditions for their apps in alternative stores
against vendor lock-in</strong>. Gatekeepers cannot prohibit app developers
to set different prices and conditions for their apps in alternative stores
(e.g. F-Droid) (Art. 5(3)). Gatekeepers cannot make software developers
and end-users register or sign in for a service or app as a condition for access to
and end-users register or sign in for a service or app as a condition for access to
their or another gatekeeper's service or app (Art. 5(7)). Besides,
they should allow end-users to access and use third-party apps, content,
they should allow end-users to access and use third-party apps, content,
subscriptions, features, or other functionalities (Art. 5(5)). Finally,
Gatekeepers cannot restrict the ability of end-users to switch between and
subscribe to different apps and services that are accessed via the operating system
or apps store (Art. 6(6)).
Gatekeepers cannot restrict the ability of end-users to switch between and
subscribe to different apps and services that are accessed via the operating system
or apps store (Art. 6(6)).
</p>
<p>
<strong>Interoperability and control over data</strong> is also contemplated
as an important factor against lock-in. Gatekeepers should provide the same
hardware and software features accessed or controlled via the operating system
to third-party developers (Art. 6(7). This includes data interoperability
(also called real-time data portability (Art. 6(9) and
<strong>Interoperability and control over data</strong> is also contemplated
as an important factor against lock-in. Gatekeepers should provide the same
hardware and software features accessed or controlled via the operating system
to third-party developers (Art. 6(7). This includes data interoperability
(also called real-time data portability (Art. 6(9) and
interoperability among messaging apps (Art. 7).
</p>
<h3 id="dma-enforcement-mechanisms">Enforcement mechanisms</h3>
@@ -231,19 +231,19 @@
designated authority identifies who will fall under the scope of
the regulation. However, unlike telecom law, which requires action by national
regulatory authorities, enforcement is centralized in the European
Commission. The Commission can investigate (Art. 16) whether a company
should be designated as a gatekeeper and its compliance, as well as update
the list of obligations. The Commission can also impose fines up to 10% of
the gatekeeper's yearly turnover or periodic penalty payments up to 5% of
Commission. The Commission can investigate (Art. 16) whether a company
should be designated as a gatekeeper and its compliance, as well as update
the list of obligations. The Commission can also impose fines up to 10% of
the gatekeeper's yearly turnover or periodic penalty payments up to 5% of
the average daily worldwide turnover (Arts. 30-31).
</p>
<p>
End-users, competitors and other organisations can collaborate in the enforcement
of the DMA by informing national regulatory authorities about illegal practices
by gatekeepers. The regulators can communicate to the Commission to start proceedings.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/6b5043bde262be066db2e6e8f24e7814.png"
@@ -254,7 +254,7 @@
</figcaption>
</figure>
<h2 id="dma-concerns-fs">DMA's implementation and Free Software</h2>
@@ -343,7 +343,7 @@
your support for our work with a donation. Get active and help us
empower you to regain control over your devices!
</p>
<p class="text-center">
<fsfe-cd-donate-link class="btn btn-lg btn-primary">
I want to donate for Device Neutrality!
@@ -364,7 +364,7 @@
</figure>
</div>
<related-feed tag="deviceneutrality" />
</body>
@@ -385,17 +385,17 @@
<li><a href="/activities/upcyclingandroid/">Upcycling Android</a></li>
<li><a href="/activities/radiodirective/radiodirective.html">EU Radio Lockdown</a></li>
</ul>
<h2>Support the FSFE</h2>
<p>
As a non-profit, non-governmental organisation, Free Software Foundation
Europe works to create general understanding and support for Free Software
and Open Standards in politics, business, law and society at large.
and Open Standards in politics, business, law and society at large.
By becoming a supporter of the FSFE you empower our work and help to assure our financial independence.
</p>
<a href="https://my.fsfe.org/support" class="big-donate">Become a supporter</a>
<fsfe-cd-donate-link class="big-donate">Become a supporter</fsfe-cd-donate-link>
</sidebar>