The Free Software Foundation Europe (FSFE) is intervening in litigation brought by Apple against the European Commission before the Court of Justice of the European Union (CJEU). Apple is seeking to avoid Digital Markets Act obligations related to its App Store and the interoperability of its operating system. The FSFE’s mission is to protect free Ssoftware against monopolistic corporate control.
The CJEU has officially allowed the FSFE to intervene in the litigation brought by Apple against the European Commission to avoid being designated as a ‘gatekeeper’ under the Digital Markets Act. The company has pursued an aggressive policy against software freedom and interoperability, seeking to deter enforcement of the DMA – a law designed to increase fairness and competitiveness in digital markets by regulating the economic behaviour of very large tech companies.
Dr. Martin Husovec, the FSFE’s counsel, remarked, “Becoming an intervener in this case is crucial as the FSFE is representing the civil society perspective, which enriches the judicial proceedings. This allows the court to make fully informed decisions”.
The FSFE’s intervention aims to uphold the application of the DMA to Apple, voicing the concerns of the free software community against the Apple’s unfair practices. Free software projects are disproportionately affected by the company’s monopolistic practices. fee policies, strict vendor lock-in, prohibition on side-loading and the restriction on alternative app stores on Apple devices.
By admitting the FSFE to the proceedings, the court stated that “the case is likely to have a significant impact on […] the supply of free software, free exchange of information and equal chances in accessing software”. Besides, the court recognised that if the EU Commission’s designation decision were to be annulled, […] “such a result would have an impact on the ability of the developers of applications or free software to interconnect their applications free of charge with Apple’s operating system iOS, which, in turn, would affect [the] FSFE’s ability to further and distribute such software to as wide a public as possible”.
The next step for the FSFE is to submit its arguments by mid-September.