In the EU, the spirit of the laws is what counts in court, not the letter of the law. That means it's a lot easier to understand things if you start with the intended consequences:
Can you have a normal life without Xbox S or PS5? Yes => no need to regulate here
Can you have a normal life without iOS or Android? No => it's an essential utility => let's regulate this
“The spirit of the law thing” is something I’ve seen repeated WRT the EU, but it seems like a really bizarre way to run anything important. The law obviously can’t tell us what its spirit is beyond what the letter is.
We can guess what legislators want… I guess a lawyer must have come up with this idea, because inconsistent guesses are going to give them lots of extra business.
Maybe it would be better to annotate laws with what their spirit is, so we don’t have to guess. In fact, just write that down instead of the apparently non-functional letter of the law.
You as a consumer or business cannot do the interpretation. Courts do. When there is ambiguities in the law (i.e. if the CTF is a valid fee or not), the higher courts (like the CJEU) decide how the law is to be interpreted and their decision sort of amend the word of the law.
> Can you have a normal life without Xbox S or PS5? Yes => no need to regulate here
> Can you have a normal life without iOS or Android? No => it's an essential utility => let's regulate this
this is a silly false dilemma/double standard you've set up.
if you want to apply the "do I need this exact device" standard - then no, you do not need a PS5, and you do not need an iphone. Therefore there is no need for regulation.
if you want to apply the "can I live my life without this whole category of Thing" - you probably can't live your life without some form of entertainment, and some form of generalized computing device, right? So no, you can't "do without" something like a PS5 or a phone or a laptop, no.
And the Xbox and PS5 are general purpose computing devices - there is no technical reason you shouldn't be able to check emails or run a word processor on your Xbox, other than that's not the market segmentation MS wants. Again, this is an example of a device so successfully convincing people that it's really an appliance that literally the EU wrote it into a law that there's no need for this appliance to comply.
Again: what's the problem? Just do the same thing with the iphone.
regardless, you are choosing to ignore the whole point about Windows S - you certainly can't life your life without Windows or MacOS, right? And if you want to point to niche solutions... nobody is stopping you from buying a Sailphone, but you would probably agree that's not a sufficient solution for the market as a whole.
Again, the whole thing is very narrowly a bill of attainder, both in its written form and application. If the purpose is "protecting consumers" there is no logical reason to exclude Windows S or PS5 or Xbox or other general-purpose computing devices from being utilized as such by consumers.
The EU has no business to be declaring these classes of devices as having no need to comply with market act requirements, especially when the boundaries are so fuzzy. Apple TV is pushing into mobile gaming. Series S is pushing downwards into mobile gaming. What is the difference between these 2 classes of devices, why should one get a pass? Why should Motorola be allowed to refuse to unlock their bootloaders without voiding a warranty? Etc etc. Literally narrowly targeted at ios and nothing else - even when it would benefit the consumer.
And more generally people are deliberately (and knowingly) missing the point that these types of appliances are common and are widely accepted - literally so widely accepted that the EU wrote special permission for many of them. Phrasing it as if Apple is somehow uniquely denying users access to the capabilities of their hardware is incredibly misleading - literally the EU wrote into the DMA special permission for many vendors to continue denying their users access to the capabilities of their hardware.
But, it's apple, I get it, everyone hates apple. But at a technological level they're not special or different.
Everyone knows the problem has nothing to do with openness or whatever, but that it comes down to the 30% fee and companies not wanting to pay it.
The problem is the law isn’t written to say “30% fees are too damn high” and just mandate that the fees can’t be over X% or are capped at $Y per install/device/whatever.
Game distribution
Steam 30% (25% after $10M, 20% after $50M)
Epic 12%
Humble 25% (15% to Humble, 10% to charity)
GOG 30%
Console
Microsoft 30%
Playstation 30%
Xbox 30%
Nintendo 30%
Mobile
Apple 30%
Google 30%
Physical
Gamestop 30%
Amazon 30%
Best Buy 30%
Walmart 30%
Can you have a normal life without Xbox S or PS5? Yes => no need to regulate here
Can you have a normal life without iOS or Android? No => it's an essential utility => let's regulate this