It has now emerged that after being informed that Safari was likely to fall under the DMA's regulations, Apple filed formal a response to the European Union claiming that Safari is, in fact, "three distinct web browsers." The company's claim is based on the argument that Safari for iOS, iPadOS, and macOS are entirely different and serve different purposes.
On example cited by Apple is Safari's sidebar feature on iPadOS and macOS, allowing users to see opened tabs, tab groups, bookmarks, and browsing history. Since this feature is unavailable in the version of Safari for iOS, Apple claimed that it is a distinctly different browser. The company added that each version of Safari serves different purposes for users depending on the device upon which it is accessed.
The European Commission went on to point out that Safari's functionality and underlying technologies are near-identical across platforms. The Commission even highlights Apple's own marketing materials for its Continuity feature, which appear to contradict the company's claims, touting the tag line "Same Safari. Different device." As a result, the Commission rejected Apple's claim and insists that "Safari qualifies as a single web browser, irrespective of the device through which that service is accessed."
Good! What an absolutely ridiculous argument. Glad it got booted right away.
It reminds me when it tried to patent a tap as a 0-length swipe. Scummy.
I'm glad that the EC countered the argument of Apple strongly. Because you'd assume that the legal team of Apple consists of some capable lawyers, possibly even old members of the EC? At some point I'm scared that even the EC would be outmatched but we're not there, it seems.
It was a pretty crap arguement given the European commission were able to counter the arguement using Apple's own marketing.