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hans1972

macrumors 68040
Apr 5, 2010
3,362
2,964
Except it's the exact opposite of that and the EU wants Europeans to be free to do what they want with their devices. There's no censorship in the equation.

Try distributing gambling apps in Europe or apps selling alcohol (when the state has a alcohol monopoly) and you'll see how much freedom there is.
 
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Sophisticatednut

macrumors 68020
May 2, 2021
2,433
2,271
Scandinavia
The websites themselves are blocked at the IP level. So, not much use if the apps were downloaded from somewhere else.
And pirate contes have been tried to be banned on the Ip level by everyone. This is something you can’t enforce.

As long as the technical ability to install unverified and unsigned software exists you can’t stop it.

But as long as the company isn’t actively pours resources to prevent jailbreaking or using of unauthorised apps it will never be stopped.

Just how the ccp will never prevent Windows computers from installing unauthorised software.
 

Sophisticatednut

macrumors 68020
May 2, 2021
2,433
2,271
Scandinavia
Sadly, I don't think you're joking - of course China could prevent side-loading! Even side-loading requires two machines with operating systems. And at least one of those machines will be inside of China, so the government can dictate to the maker of that machine and/or operating system what they can/cannot allow on it.
Not at all, just how piracy is impossible to remove.

If windows, Mac and android was designed like iOS then yes it would be close to impossible to do anything.
 

Sophisticatednut

macrumors 68020
May 2, 2021
2,433
2,271
Scandinavia
Try distributing gambling apps in Europe or apps selling alcohol (when the state has a alcohol monopoly) and you'll see how much freedom there is.
Gambling apps and selling alcohol is completely legal, so why do you try and make **** up?
IMG_1423.png IMG_1424.png IMG_1425.png
Gambling apps=18+
Alcohol apps= 16-18+ depending on the country.

Or are you saying where you live companies can freely distribute apps targeting kids to purchase alcohol, weed, cigarettes with zero consequences?

P.s I live in Sweden with a state monopoly on alcohol and I can order wine online as shown in the links/pictures.
 

DoogH

macrumors regular
Jun 5, 2011
134
473
Back door access is not required, but handing over data is required if a warrant is provided.

This is the same as the founding of the United States. You have privacy unless the courts have a warrant.

Warrants are designed to provide a check and balance on police. But as things move more and more encrypted, laws inherently become harder to enforce.

The EU has some of the strictest “open platform”, “no favoritism”, and privacy protections in the world. In fact, they’re considered the gold standard by groups like the Electronic Frontier Foundation.
 
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Shirasaki

macrumors P6
May 16, 2015
15,717
11,021
Nice suggestion. US and EU and Australia UK should implement licenses that only Chinese companies can’t legally obtain, counter banning those popular Chinese apps out of US app stores and such. They did those to us. Why we can’t just return the favor? It’s not like we don’t know who those Chinese are already.
The real reason for this is forcing censorship on Chinese people even when they leave China. Going on a trip, thinking you can read Twitter or watch YouTube? Not so fast! You can’t even download YouTube app.
Those Chinese who knows what they are doing can definitely download those apps, but do they even care? Remember there are services today to help overseas Chinese to essentially vpn BACK TO CHINA to use their so-called “copyrighted” contents.
This is your daily reminder that Apple is not your friend who cares about your privacy and will bend the knee for profit everytime, even to totalitarians.
And anyone believing so is just delusional and blind. I stopped trusting apples claims on those issues a couple years ago.
 
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sparkinstx

macrumors 6502a
Nov 1, 2017
573
879
Reminds me of when Google blocked search results inside China regarding the Tiananmen Square protests, and someone then took Google's slogan "Don't Be Evil" and rearranged it into "Bend To Evil".
 

CarAnalogy

macrumors 601
Jun 9, 2021
4,279
7,886
Do you think there could be a sort of agreement between the Chinese government and Apple Inc. where Apple tries to keep manufacturing in China mainland (PRC), while defending their service’s freedom and lack of concessions to the Chinese government? Excuse me if I didn’t explain myself well enough, I’m not a native speaker.

What I mean is that Apple, after starting this manufacturing diversification between China, Taiwan, India, Vietnam and maybe other countries (such as USA maybe?), could say to the Chinese gov: “look, we can keep investing in manufacturing plants here in China, but you will have to interfere a little less with our products and services”

I guess the Chinese market is so BIG that Apple will still want to appease the Chinese government… well, I guess I can understand it from the business point of view.

PS: I’m curious about your Nick name and if it means anything.

I think it’s simply an extension of the fact that governments have the absolute power. Power comes from the ability to lay hands on people and take their stuff, up to and including their lives. That’s why they require executives to be in country in order to have operations there. They want someone to lay their hands on so that their rules are taken seriously regardless of whether they are legal in the US or not.

Legal demands the US makes on Apple have to be complied with as well. It’s just in this case the law sucks and completely exiting China just isn’t an option, especially right now.

So to answer your question, no I don’t think Apple has any more bargaining power with China than anyone else. If Apple starts trying to interfere with Chinese corporate policy, China can interfere more with Apple at every level from manufacturing to apps, as we see here. They just have no leverage.

As for my nickname it’s just a reference to the fact that there is so frequently an analogy to cars when explaining computers. I kind of just slapped it in there when creating an account and didn’t expect to be posting as much as it turns out I do.
 

bsolar

macrumors 68000
Jun 20, 2011
1,535
1,751
Yes, the EU wants to retain the ability to spy for themselves - not realizing that once it is available, other countries will use it. And as far as side loading, backdoors are not required, but what I was referring to was the backdoors the EU has proposed for messaging (and much else) see https://www.eff.org/deeplinks/2022/...ld-undermine-encryption-and-scan-our-messages

My real point is: governments the world over want power and shouldn't be trusted no matter which one it is. :)

While the proposal you mention exists, support for it among the various State Members of the EU varies wildly exactly for that reason.

As example, apparently Spain would be in favour of outright banning any form of e2e encryption, while e.g. Germany considers e2e encryption essential and wants explicit wording in the proposal that the proposal itself would not disrupt e2e encryption technologies.

IMHO it is unlikely that the proposal will receive enough support in its current form, but only time will tell.

While governments shouldn't be trusted in general, it's not true that all of them want power and are willing to sacrifice their citizens' privacy for it.
 

VulchR

macrumors 68040
Jun 8, 2009
3,407
14,297
Scotland
In the US where Apple is incorporated, the Board of Directors of a company most definitely have a fiduciary duty to shareholders. These duties that a BoD owes to shareholders are specified in the statutes of the state that they are organized. And shareholders are most definitely NOT glorified loan givers - they are owners of the company.

There are lots of laws specifying the duty of the board to shareholders and since the board hires and fires management, management has the same duty. In Apple's case, that would be California.
Are there? Please name some. The fiduciary responsibility to shareholders over customers and workers has been taunted as an urban myth, but I am no lawyer.
 

zakarhino

Contributor
Sep 13, 2014
2,514
6,779
Are there? Please name some. The fiduciary responsibility to shareholders over customers and workers has been taunted as an urban myth, but I am no lawyer.

Apple is a Delaware corp just like over half of all US companies are. Delaware corporate law states corporations are required to serve the interests of the shareholders because all company executives are "employed" by the shareholders.


Outside of Delaware, where the law is explicit, there are case law precedents to establish this hierarchy too such as the famous Dodge vs. Ford Motors case of 1919. The Dodge brothers (yes, THAT Dodge, they were large shareholders in Ford), on behalf of themselves and minority shareholders, sued Henry Ford because he wanted to end shareholder dividends in favor of reinvesting the money back into building more factories and increasing employee pay. Keep in mind Henry Ford was the majority shareholder at the time. The Michigan Supreme Court ruled that Ford had to keep the shareholder dividend because "A business corporation is organized and carried on primarily for the profit of the stockholders."

The interesting word in that ruling is "profit" because that's no longer the model for large US corporations. That case is old and things have moved on but the essence of that lawsuit remains true. "Profit for profit's sake" is a typical anti capitalist slogan that gets thrown around but it's no longer accurate, the goal of large corps now is to establish state backed monopoly that stands in perpetuity (e.g Walmart and McDonalds relying on their employees to use government issued food stamps in order to eat in lieu of fair payment). This is essentially a form of socialism. Ironic.

There's no realistic circumstance where a lawsuit between company leadership and the key shareholders results in a win for the company leadership. There are many legal precedents and explicit laws to prove this.
 
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Sophisticatednut

macrumors 68020
May 2, 2021
2,433
2,271
Scandinavia
Apple is a Delaware corp just like over half of all US companies are. Delaware corporate law states corporations are required to serve the interests of the shareholders because all company executives are "employed" by the shareholders.


Outside of Delaware, where the law is explicit, there are case law precedents to establish this hierarchy too such as the famous Dodge vs. Ford Motors case of 1919. The Dodge brothers (yes, THAT Dodge, they were large shareholders in Ford), on behalf of themselves and minority shareholders, sued Henry Ford because he wanted to end shareholder dividends in favor of reinvesting the money back into building more factories and increasing employee pay. Keep in mind Henry Ford was the majority shareholder at the time. The Michigan Supreme Court ruled that Ford had to keep the shareholder dividend because "A business corporation is organized and carried on primarily for the profit of the stockholders."

The interesting word in that ruling is "profit" because that's no longer the model for large US corporations. That case is old and things have moved on but the essence of that lawsuit remains true. "Profit for profit's sake" is a typical anti capitalist slogan that gets thrown around but it's no longer accurate, the goal of large corps now is to establish state backed monopoly that stands in perpetuity (e.g Walmart and McDonalds relying on their employees to use government issued food stamps in order to eat in lieu of fair payment). This is essentially a form of socialism. Ironic.

There's no realistic circumstance where a lawsuit between company leadership and the key shareholders results in a win for the company leadership. There are many legal precedents and explicit laws to prove this.
This isn’t true or even the legal case.
Multiple legal cases exist when the shareholders have sued and won BECAUSE they went against the company ethics, goals and mission statement. But close to zero when they are polar opposite because the shareholders don’t like the company goals.
Section 309 implies that directors have to balance the interests of various stakeholders, such as shareholders, customers, employees, suppliers, regulators, and the public, who may affect or be affected by the corporation’s activities. However, Section 309 does not specify how directors should balance or prioritize these interests, or what criteria or standards they should use to make such judgments.

You just need to think for two seconds to show the ludicrous implications and non existent of lawsuits supporting it.

We have a the fictional Apple meat maker company. One day out of pure chance all the shareholders of Apple becomes vegans and strongly adhere to the ideals of PETA.

Apple can argue that the shareholders’ interest is not paramount or superior to the company’s interest, and that the company has the right and the duty to balance the interests of various stakeholders, including customers, employees, suppliers, regulators, and the public.
the company is a slaughterhouse business, and the shareholders are vegans or PETA activists who invested in the company knowing its nature and purpose, and the company did not breach any fiduciary duty, fraud, misrepresentation, omission, breach of contract, inadequate consideration, or lack of disclosure, then the company may have a strong case to defend itself against any lawsuits from the shareholders. The company may argue that it acted in good faith, with due care, and within its authority, and that it did not violate any laws, regulations, or contracts that govern its relationship with the shareholders. The company may also argue that the shareholders were aware of and consented to the company’s values, policies, and practices when they invested in the company, and that they cannot sue the company for something that is consistent with the company’s purpose, mission, or values. And argue that the shareholders’ actions or demands are unethical, irresponsible, or harmful, and that they would violate the rights or interests of other stakeholders, such as contractors, consumers, workers, or the environment.
 
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transmaster

Contributor
Feb 1, 2010
1,388
642
Cheyenne, Wyoming
Just move all production out of China. Easier said than done
It is actually happening. Foxconn is moving out. there are pictures of production equipment being loaded on trucks headed for Vietnam. It is going to be a slow process because they have to maintain production. Samsung has moved to Vietnam, as has Canon. There is a long list of companies that has left China they are going the Taiwan, Japan, India, South Korea, and others. What is so bad is in China there is no such thing as unemployment insurance. If you lose your job you are out on the street. So many of these workers are from the countryside and they are forced to return home to the farm where they will be lucky to make $20 dollars a month. Xi Jinping who fancies himself as the new Chairman Mao Zedong is destroying the Chinese economy.
 

subjonas

macrumors 603
Feb 10, 2014
5,613
5,962
This is your daily reminder that Apple is not your friend who cares about your privacy and will bend the knee for profit everytime, even to totalitarians.
You’re challenging naivety with cynicism, but they’re two sides to the same coin of over-simplification. Caring about issues and running a profitable business isn’t binary, all one or all the other.
The internet doesn’t like nuance, but the world is full of it.
 

zakarhino

Contributor
Sep 13, 2014
2,514
6,779
This isn’t true or even the legal case.
Multiple legal cases exist when the shareholders have sued and won BECAUSE they went against the company ethics, goals and mission statement. But close to zero when they are polar opposite because the shareholders don’t like the company goals.


You just need to think for two seconds to show the ludicrous implications and non existent of lawsuits supporting it.

We have a the fictional Apple meat maker company. One day out of pure chance all the shareholders of Apple becomes vegans and strongly adhere to the ideals of PETA.

Apple can argue that the shareholders’ interest is not paramount or superior to the company’s interest, and that the company has the right and the duty to balance the interests of various stakeholders, including customers, employees, suppliers, regulators, and the public.

Not sure what you're trying to say in the first part in all honesty. Can you clarify? It sounds like you're saying shareholders have sued the company and won to counteract decisions made by the executive team (CEO, leadership, whatever). If so, that's what I wrote in my first post so I'm not sure what you're getting it. My point is that if a company does something for customers and employees that is to the detriment of shareholder value, the shareholders have a legal precedent to sue and win. In the case of Delaware, this is explicit. You can see many examples of investors booting founders out of startup executive roles when the investors no longer feel like the the founder is maximizing shareholder value -- even if the founder has (on paper) the most number of individual shares.

If you're talking about whether or not this power is absolute, well of course it isn't, which is why corporate law talks about "good faith" dealings and "balancing of stakeholder [not shareholder] interest". If Ford have to deal with a labor union (like they're doing right now with UAW) and negotiate better pay for their workers, is this an example of a corporation doing something outside the interest of majority shareholders? No, because no labor means no cars, no business, and no value for shareholders whatsoever.

As for the Apple meat company example, that's a fictional scenario like you said. On the other hand we have hundreds of real examples of shareholders pressuring companies into decisions that are detrimental to customers and employees but maximize shareholder value. The public company model itself depends on maximizing shareholder value in order to sustain itself. Where are you getting those quotes from? Are there any real examples of what you're suggesting?
 
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Sophisticatednut

macrumors 68020
May 2, 2021
2,433
2,271
Scandinavia
Not sure what you're trying to say in the first part in all honesty. Can you clarify? It sounds like you're saying shareholders have sued the company and won to counteract decisions made by the executive team (CEO, leadership, whatever). If so, that's what I wrote in my first post so I'm not sure what you're getting it. My point is that if a company does something for customers and employees that is to the detriment of shareholder value, the shareholders have a legal precedent to sue and win. In the case of Delaware, this is explicit. You can see many examples of investors booting founders out of startup executive roles when the investors no longer feel like the the founder is maximizing shareholder value -- even if the founder has (on paper) the most number of individual shares.

If you're talking about whether or not this power is absolute, well of course it isn't, which is why corporate law talks about "good faith" dealings and "balancing of stakeholder [not shareholder] interest". If Ford have to deal with a labor union (like they're doing right now with UAW) and negotiate better pay for their workers, is this an example of a corporation doing something outside the interest of majority shareholders? No, because no labor means no cars, no business, and no value for shareholders whatsoever.

As for the Apple meat company example, that's a fictional scenario like you said. On the other hand we have hundreds of real examples of shareholders pressuring companies into decisions that are detrimental to customers and employees but maximize shareholder value. The public company model itself depends on maximizing shareholder value in order to sustain itself. Where are you getting those quotes from? Are there any real examples of what you're suggesting?
I’m summarising Californian law in regards to corporations legal duty towards shareholders.

Maximising shareholder value is a subjective concept and not legally required. Maximising shareholder values in the long therm? Short term? 1 year 100 years?

Paramount Communications, Inc. v. Time Inc., where the Delaware Supreme Court affirmed the decision of the Court of Chancery that the directors of Time, a media company, did not violate their fiduciary duties by rejecting a higher offer from Paramount, a rival company, and pursuing a merger with Warner, another media company. The court recognized that the directors had a long-term vision for the company that was consistent with the interests of the shareholders, and that they were not obligated to abandon their business judgment and accept the highest bidder. Delaware law imposes on a board of directors the duty to manage the business and affairs of the corporation. 8 Del. C. § 141(a). This broad mandate includes a conferred authority to set a corporate course of action, including time frame, designed to enhance corporate profitability. ... [D]irectors, generally, are obliged to charter a course for a corporation which is in its best interest without regard to a fixed investment horizon. ... [A]bsent a limited set of circumstances as defined under Revlon, a board of directors, while always required to act in an informed manner, is not under any per se duty to maximize shareholder value in the short term

  • The case of Air Products and Chemicals, Inc. v. Airgas, Inc., where the Delaware Court of Chancery upheld the decision of the board of Airgas, a gas supplier, to reject a hostile takeover bid from Air Products, a rival company, despite the offer being higher than the market price of Airgas shares. The court ruled that the board had acted in good faith and with due care in determining that the offer was inadequate and did not reflect the long-term value of the company, and that the board was entitled to use a poison pill to prevent the takeover
 
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