The funny thing is: This will work against them regarding the EU DMA regulations. If no one uses their offer it will not be interpreted as nobody wants to use it, but instead it will be interpreted as the offer was unfair.
Apple is used to North American courts who are paid by everyone to always interpret laws on the corporation’s favor. This experience is new to them, actual logic and common sense in a court of law.
Having the legal staff and having the upper management from another country able to understand it at a conceptual level and integrate it into their decision making process is entirely different. One of my friend is a lawyer in France who specialises in helping US corporation handle their subsidiaries here. There’s not a week that passes without him being asked how to do something illegal here but legal in the US and the client being baffled and literally refusing to understand that they can’t.
The main one being firing people, from the way he talks about it, he seems to be earning half his income re-explaining to the same people over and over that no you can’t just give 2 weeks notice and fire people at will just because you need a quick expense reduction before the end of the quarter to amuse the shareholders. It just doesn’t register.
I’m not saying it’s not an issue, my point is apple has access to the highest talent and legal advice. There’s no way they are unaware of the realities.
We can be sure they employ European law staff themselves.
Conclusion being their actions are attempts to move the window on these types of law. They are aware of the existing status quo, but are driving to advance it to their own ends.
But never the less, this tactic would work perfectly in a US court. It probably won’t as EU courts don’t make decisions based on the judge’s feefees like US courts, and precedent and case law mean nothing in European civil law systems.
The suggestion that European courts are universally free from manipulation, political meddling or influence is a fairytale. They are leagues better than US courts in this regard, but again we can be sure a megacorp like apple is pulling every lever at their disposal
I agree but that has no bearing on my first comment. Common law and civil law are two fundamentally different systems. And Apple seems to always operate as if they’re dealing with a US court, being petty and throwing tamtruns, trying to cheat and weasel their way out. Sure the European courts have their share of corruption, but Apple doesn’t seem to have found said levers yet.
Mega corporations aren’t magical all powerful infallible entities either. They’re just a bunch of entitled twats with too much money. They’re no better at making decisions as the average Joe.
The funny thing is: This will work against them regarding the EU DMA regulations. If no one uses their offer it will not be interpreted as nobody wants to use it, but instead it will be interpreted as the offer was unfair.
Apple is used to North American courts who are paid by everyone to always interpret laws on the corporation’s favor. This experience is new to them, actual logic and common sense in a court of law.
Apple are well aware of EU laws. Just ask the Irish treasurer…
Wait are you suggesting apple doesn’t have the legal staff to be aware of regional concerns/practices?
Having the legal staff and having the upper management from another country able to understand it at a conceptual level and integrate it into their decision making process is entirely different. One of my friend is a lawyer in France who specialises in helping US corporation handle their subsidiaries here. There’s not a week that passes without him being asked how to do something illegal here but legal in the US and the client being baffled and literally refusing to understand that they can’t.
The main one being firing people, from the way he talks about it, he seems to be earning half his income re-explaining to the same people over and over that no you can’t just give 2 weeks notice and fire people at will just because you need a quick expense reduction before the end of the quarter to amuse the shareholders. It just doesn’t register.
I’m not saying it’s not an issue, my point is apple has access to the highest talent and legal advice. There’s no way they are unaware of the realities.
We can be sure they employ European law staff themselves.
Conclusion being their actions are attempts to move the window on these types of law. They are aware of the existing status quo, but are driving to advance it to their own ends.
Which is worse, because it implies malice.
But never the less, this tactic would work perfectly in a US court. It probably won’t as EU courts don’t make decisions based on the judge’s feefees like US courts, and precedent and case law mean nothing in European civil law systems.
I never applied a value judgement.
The suggestion that European courts are universally free from manipulation, political meddling or influence is a fairytale. They are leagues better than US courts in this regard, but again we can be sure a megacorp like apple is pulling every lever at their disposal
I agree but that has no bearing on my first comment. Common law and civil law are two fundamentally different systems. And Apple seems to always operate as if they’re dealing with a US court, being petty and throwing tamtruns, trying to cheat and weasel their way out. Sure the European courts have their share of corruption, but Apple doesn’t seem to have found said levers yet.
Mega corporations aren’t magical all powerful infallible entities either. They’re just a bunch of entitled twats with too much money. They’re no better at making decisions as the average Joe.
Sure. But as far as I can tell the only lever at their disposal is to drag their feet and try to delay compliance as long as possible.
It’s an effective strategy, but it’s stupid. They’re making a lot of people angry and that is never a good long term strategy.