Apple’s new EU App Store rules are ‘insane’, ‘intentionally confusing’ and ‘blatantly unlawful’, say pundits

 

Apple has stirred up yet more developer anger after it revealed a new set of App Store policies designed to comply with the EU’s Digital Markets Act last week.

The new rules were published on Thursday in order to avoid another fine from the European Commission. Apple was found to have broken EU law back in April, and was fined €500m for not complying with the Digital Markets Act. It would have been liable for another, even larger fine had it not loosened its grip on App Store payments before the end of last week.

But the new rules have not been received well by developers and pundits alike. Gaming law expert and founder of legal and regulatory blog Games Fray Florian Mueller told us: “Apple clearly has no desire to make it easy to circumvent its App Store commission.”

“It appears that every time the EU declares itself dissatisfied with Apple’s compliance, Apple makes the rules more complicated and the game starts all over again.”

From last week: ‘Apple introduces complex new fees and policies to ‘open up’ the EU App Store’.

But Apple’s latest move could also “turn out to be a tempest in a teapot,” Mueller told us. “The EU may put all DMA enforcement on hold as part of a trade deal with President Trump,” he added.

Further changes to the policies could be made after industry feedback, though. On Thursday, the European Commission told the Wall Street Journal: “The commission considers it particularly important to obtain the views of market operators and interested third parties before deciding on next steps”.

That process is likely to take some time, though – so for now, developers will have to try and navigate the new policies. Mobile Dev Memo analyst Eric Seufert described the new terms as “intentionally confusing” in his blog on the subject.

“Given the complexity of these terms, including the fact that the static CTF will transition to the CTC by the end of the year, my sense is that few developers will adopt them,” he added on X.

From January 2024: ‘Execs slam new EU App Store terms: “Apple views developers as nothing more than thieves”‘.

“And although Apple has relaxed the restrictions applied to communicating offers, the inscrutable nature of the terms, as well as the implementation of the Core Technology Commission charged on outside transactions, is unlikely to placate the EC. But it’s not clear to what extent that matters.”

Naturally, some of the most furious responses came from Epic boss Tim Sweeney. “Apple’s new Digital Markets Act malicious compliance scheme is blatantly unlawful in both Europe and the United States and makes a mockery of fair competition in digital markets,” he said on X. “Apps with competing payments are not only taxed but commercially crippled in the App Store.”

“Apple blocks auto-updates to these apps, cripples search for them, and blocks customer support and family sharing, and otherwise ensures that using these apps will be an intentionally-miserable experience for users and a commercial failure for developers.”

From May: ‘Epic claims victory as US court nukes Apple’s control over App Store payments’.

Software developer, 37signals co-owner and pundit David Hansson also voiced his displeasure with the new terms. “Apple’s new terms for developers in Europe are insane,” he said on X. “How did this once great company become so bitter and spiteful?”.

Those comments were made in response to fellow software developer Ryan Jones’ comments on Apple’s new EU App Store terms. “Good luck deciphering the new-new rules devs,” said Jones on X. “I give up. 8% to get ratings is something. Heads devs lose, tails Apple wins.”

Even outlets broadly sympathetic to Apple are having trouble decoding the new policies. 9to5Mac described the new terms as ‘insanely complex’, while suggesting that Apple “might be reducing its standard commission from 30% to 20%, and that it may make this change globally.”

Leading Apple commentator and Daring Fireball founder John Gruber also described the terms as “undeniably convoluted” in his blog on the subject. “That seems largely by design on Apple’s part: byzantine compliance with a byzantine law”, he added.

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