The European Commission (EC) is currently investigating several major tech companies to determine how they are complying with the EU’s new Digital Market Law (DMA). Not surprisingly, Apple is one of them. Apple’s proposed changes to DMA have been rejected by some developers and competitors, and the European Commission is keen to show that it will not tolerate non-compliance by any company, no matter how big.
But the EC’s opinion that Apple should allow users to uninstall the iPhone’s Photos app proves that these lawmakers have little understanding of how the phone works and why certain apps can’t be deleted simply to open up the platform to competition and give users more choice.
Investigation
I’ve already explained why the European Commission is investigating Apple and the Photos app didn’t appear in the initial announcement. The commission doesn’t like how Apple (and Google) forces developers to link to offers outside of their app stores. The choice of default browser on the iPhone is also part of this DMA investigation. Then Apple’s Core Technology Fee (CTF) caught the EC’s interest.
So where is the Photos app in all of this? This is the language EC used to describe the default app choices on the iPhone:
The Commission opened proceedings against Apple in relation to its compliance measures to (i) allow end users to easily uninstall any software application on iOS, (ii) easily change the default settings on iOS, and (iii) require users to choice screens that must efficiently and easily allow them to choose an alternative default service, such as a browser or search engine on their iPhones.
The Commission is concerned that Apple’s measures, including the design of the web browser selection screen, may prevent users from actually using their choice of services within the Apple ecosystem, in violation of Article 6(3) DMA.
The first paragraph basically covers the Photos app and any basic iOS app on the iPhone. But I didn’t think it would actually apply to apps like the Photos app. Instead, I figured it was the Safari browser, the email app, and the navigation apps. You know, things where it would make sense to have alternative options.
But comments Margrethe Vestager made about the investigation, which was picked up by John Gruber, specifically mention the Photos app:
The third relates to the DMA’s aim to open up closed ecosystems to enable competition at all levels. According to article 6 paragraph 3 of the DMA, gatekeepers have an obligation to enable easy uninstallation of applications and easy change of default settings. They must also display a selection screen. Apple’s compliance model does not appear to meet the objectives of this commitment. In particular, we are concerned that the current design of the web browser selection screen deprives end users of the ability to make a fully informed decision.
Example: They don’t improve user engagement with all available options. Apple also failed to disable the installation of several apps (one of which would be Photos) and prevents end users from changing their default status (for example Cloud), as required by the DMA.
I will never trade photos for anything else
I’m a European who will “benefit” from the DMA, but I can’t believe it’s come to this. Uninstalling the default Photos app is so stupid. That’s where all my photos and videos go. The same goes for screenshots. This is where I receive photos that other iPhone users can AirDrop to me. And where do I save pictures from social media and chat apps.
I absolutely believe in the security and privacy of the Photos app because it was made by Apple. I would never want to replace it with anything else. Who would want to make a Photos alternative for the iPhone anyway? If you say Google Photos, that’s a different kind of product, one that relies on the cloud. This is different from managing photos on the iPhone itself.
Google makes money from cloud storage, just like Apple. But would anyone build a Photos equivalent for the iPhone with no expectation of monetization?
By the way, the default Photos app is not free. When you buy an iPhone, that money covers the cost of iOS and all of its apps.
Of course, DMA may force Apple to be more open when it comes to backing up photos to the cloud. If you don’t want to do it through iCloud, there are other ways. You can do this right now with Google Photos or other apps, and DMA doesn’t have to be turned on.
Furthermore, as Gruber points out, uninstalling Photos would cause huge headaches for Apple. The application is embedded in the operating system in such a way that it would take a colossal effort to remove it:
This is integrated throughout the iOS system, with per-app permission prompts to grant different levels of access to your photos. Vestager says that in order to be DMA compliant, Apple must allow third-party apps to serve as system-level image libraries and camera footage. That’s a monumental request, and I honestly don’t even know how such a request could be reconciled with system-wide photo access permissions.
Again, I wouldn’t trust any Apple competitor with a Photos equivalent. Never in a million years. The same goes for any smartphone vendor and their default photo library apps.
Perhaps the European Commission should design its own Photos app for iPhone and Android. Or maybe they should build their own smartphone and see if they can comply with their own DMA rules.