What’s really being destroyed by the DMA is Europe’s access to new technologies and services. It’s almost like a self-embargo on the AI building blocks of their future economy.
When Nvidia GPUs are supply constrained do you really think it matters to Nvidia if they need to redirect the small chunk of their supply constrained volume that they were previously selling into France? Who is harmed in this picture? The only EU AI player of note, Mistral, and other EU businesses.
Does it really harm Apple if the DMA forces them to withhold new AI features in Europe? They still earn their device and services revenues. Who is harmed in this picture? EU consumers and businesses.
We’ve now seen within just a couple months, Apple withhold AI features and Meta withhold multimodal AI models from the EU. Expect this cutting off of the EU from new features to become a recurring event over the next year.
DMA-supporting voices are under a serious misapprehension of what the effect of the DMA is and will be over the next few years. It’s cutting off European access (consumer, business & government) to critical technologies which are all being developed outside the bloc.
The DMA violates a number of longstanding principles of good legislation - it is vague, it’s written to enable arbitrary enforcement, it’s penalties are not designed to be proportionate to damages, or even require actual damages in order to be applied, the regulator’s actions stray into actual takings of property (European Commission opinion that Facebook cannot charge a subscription fee for its ad-free offering… so it must operate as a charity? This is a taking of property. European Commission opinion that Apple cannot charge a platform fee for use of its IP? This is a taking of property).