Apple is required by a Brazilian court to allow sideloading within 90 days, marking a significant change to its app distribution policy, following a legal dispute with Brazilian authorities. This decision highlights broader regulatory trends seen in the EU and raises questions about market access for developers.
Apple has traditionally prohibited sideloading, which allows users to install applications from sources outside of the official iOS App Store. However, a Brazilian court has mandated that Apple permit sideloading for iPhones, granting the company a 90-day deadline to comply. This ruling stems from a prolonged legal dispute between Apple and the Brazilian federal court, and Apple intends to contest the decision.
The recent ruling also specifies that third-party providers should have the capability to offer their applications via alternative channels, such as their own app stores or websites. Apple has thus far restricted app distribution to its platform, imposing fees that can reach approximately 30 percent for paid applications. Discounts are available for smaller developers, yet this practice has been criticized.
In contrast, within the European Union, Apple has begun to implement a model that allows for alternative app stores as part of the Digital Markets Act (DMA). This change, effective since iOS 17.4, permits other marketplaces on iPhones in the EU. Nonetheless, Apple continues to charge fees to developers who utilize these alternative marketplaces, complicating the framework based on installation numbers.
The Brazilian Federal Court is now contemplating a similar approach to the EU’s, potentially allowing sideloading without Apple-imposed fees. The court’s rationale includes concerns that Apple’s stringent regulations impede new developers from entering the marketplace. In November, Apple was issued an ultimatum by Brazil’s national competition authority, CADE, threatening daily fines if it did not modify its app distribution practices.
Initially, Apple successfully defended its position in court against these sanctions, arguing that the requested changes were not imperative and could adversely affect its operations. However, approximately three months later, the Brazilian judiciary has reiterated its demands, referencing successful implementations in other regions without detrimental effects on Apple’s business model.
An Apple representative stated to Valor Econômico that the company values competitive markets and believes it faces competition across various regions. Apple also expressed concerns that implementing these changes may jeopardize the privacy and security of iOS users, indicating its intention to appeal the court’s decision.
In summary, Apple faces a court mandate to permit sideloading of applications in Brazil within 90 days, following a lengthy legal battle. This ruling echoes similar legislative changes in the European Union and highlights ongoing tensions between regulatory authorities and tech giants regarding app distribution practices. As Apple prepares to appeal, concerns about privacy and security for iOS users remain a focal point of the company’s response.
Original Source: www.heise.de
