- From: Chris Riley <mchris@gmail.com>
- Date: Fri, 6 May 2022 09:03:06 -0700
- To: public-interop-remedies@w3.org
- Message-ID: <CAEPPcYBkvk5-yrvoMOOJS1hNK6Wp5OZGoZErC_=-ozGpruK74w@mail.gmail.com>
Hello all, I'd like to call your attention to Article 57 of the agreed-upon language for the Digital Markets Act, according to the attached copy of the "4-column" agreement, page 85 of the PDF: "For software application stores, online search engines and online social networking services identified pursuant to Article 3 (7), gatekeepers should publish and apply general conditions of access that should be fair, reasonable and non-discriminatory. These general conditions should provide for a Union based alternative dispute settlement mechanism that should be easily accessible, impartial, independent and, free of charge for the business user, without prejudice to the business user’s own cost and proportionate measures aimed at preventing the abuse of the dispute settlement mechanism by business users. The dispute settlement mechanism should be without prejudice to the right of business users to seek redress before judicial authorities in accordance with national and Union law." While obviously this falls short of the explicit requirements for mandatory interoperability provided for messaging, there is nevertheless very broad language in there, and I'm curious how the Europeans in this group in particular would interpret "general conditions of access". I'd love to have that mean "third-party accessible, documented APIs", even if they're not universally *free* APIs (because that doesn't scale well). The remaining, preexisting language of Article 57 offers a little more explanation of scope that seems to incline towards that direction, in that the article is meant to permit "business users" (aka downstream services?) to reach the platform's users on a fair basis. Cheers, Chris
Attachments
- application/pdf attachment: DMA_trialogue_4_column_document_.pdf
Received on Friday, 6 May 2022 19:26:00 UTC