No major app developers have signed up to use outside payment options that Apple Inc. introduced earlier this year for its App Store because the fees they pay would be at least as high as they were before, according to testimony presented to a federal judge.
According to Apple, only 38 developers have applied to add such links — out of roughly 65,000 that could.
The reason: Apple will charge a 27% fee to developers who want to use the link entitlement program — and when combined with payment processing fees, the total is even more than the 30% the App Store has taken for itself for years, the judge was told at the hearing in Oakland, California.
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.
If this is not fined at €10 billion Euro or more, Apple will continue their shenanigans for every European judgement in the future.
This is so obviously a bad faith attempt.
If the EU finds apple guilty of "systematic" non-compliance, which will happen if they "continue their shenanigans for every judgement", then the DMA doesn't call for a fine. It calls for a TikTok style forced sale. Apple could be ordered to sell the iPhone to another company or face an outright ban in the EU.
Of course that's assuming the EU has the balls to actually enforce their own laws knowing full well the transatlantic political consequences.
Leaving anything else aside, I’d be really surprised if there was any EU entity that could afford to buy iPhone in its entirety in Europe - or at least not one for whom it makes sense to do it.