Congress Moving Forward with Open App Marketplace Legislation

Senate Judiciary Committee is considering two bipartisan legislative proposals focusing on the operation of “app stores” and requiring that large app stores allow for a competitive marketplace without the tight controls that we see today:

There are over 100 proposed amendments from the various committee members on a variety of issues with big questions.  Lots of lobbying is going on behind the scenes and so it is way too early to tell what these bills will end up looking like.

26 thoughts on “Congress Moving Forward with Open App Marketplace Legislation

  1. 3

    Here a bill . . . there a bill . . .

    And yet . . . nothing about the American innovation-critical Innovation Restoration Act (IRA) . . . to reverse SCOTUS’ usurpation of the patent eligibility authority our Constitution grants . . . only to Congress.

    It’s 2022. Where. Are. You. Congress?

  2. 2

    After scanning both bills (admittedly very quickly), I do not see any language as to why “Covered Platform” or “Covered Company” would be properly singled out for the legal treatment being sought — e.g., that any such entity (and here the size aspects listed could be anchored) is de facto considered to be a “Public Square” — or other such terms as may be found in the utility law sphere — and thus the provided legal restraints serve legitimate purposes.

    Further, I did not see any tie to the current “get out of tort free” online exceptions that would ALSO be tied to a proper control on entities that de facto control public square type of activity (that is, constrain speech — as has been shown, in certain instances, at the request of the government).

  3. 1

    One “right to repair” lobbying source is farmers unable to repair farm equipment controlled by “leased” software without voiding warranties. Another lobbying source is all those who have had numerous electronic devices with essential batteries that are no longer effectively rechargeable after only a few years, which batteries were deliberately hard wired in and/or encased so as to be difficult or impossible to replace. [Both a consumer and environmental issue.]

        1. 1.1.1.1

          I would prefer to talk with people (including you), but that would entail you getting past your games and actually holding a conversation.

          To wit, here, you ask a question, of which not only have I provided the answer (now, over a year ago, dating back to fall of 2020), but you ask in a manner (and in response to a linked post) that inaccurately reflects your prior assertions that I am paid TO post, while I have been more than clear that the coin I generate in my enterprising way is based solely on how YOU decide to post. That is, which of your games and memes you select from in your posts that show your obsess10n over me.

          I do note that this year, you are off to a very rocky start, having at least four posts not showing obess10n with me. That being said, the tracked totals had you at a run of 100% for almost a year, and in 2021 well over 98%.

          And yes, those directed to or about me is STILL at a 0% meaningful content rate (so at least you still have that).

          1. 1.1.1.1.1

            We got it. You admit you are paid to post.

            Paid for posting only here, or on other fora?

            1. 1.1.1.1.1.1

              Paid… by YOUR choices in posting — just how much were paint chips a staple of your diet when you were a child?

              (and noting that since you have now been retired from the patent office for awhile, those were definitely high-lead chips)

                1. You do not understand.

                  I understand perfectly – you are doing that projecting thing again.

                  Focus.

                  Heed your own advice.

                  You are paid to post here but is there anywhere else?

                  Focus on the proper context to your question.

                  To wit, here, you ask a question, of which not only have I provided the answer (now, over a year ago, dating back to fall of 2020), but you ask in a manner (and in response to a linked post) that inaccurately reflects your prior assertions that I am paid TO post, while I have been more than clear that the coin I generate in my enterprising way is based solely on how YOU decide to post. That is, which of your games and memes you select from in your posts that show your obsess10n over me.

                  That context gives you the direct answer to your explicit question here. Do YOU post anywhere else with the games that you use in your obsess10n over me?

                  Focus – indeed.

                2. All right. We understand. Obviously, you are paid by the word.

                  Are you paid by the word in other fora?

                  Be verbose.

                3. Lol — so 0bsessed that you could not wait a day?

                  You still are not focused here to the plain black and white explanation that I provided to you long ago.

                  That explanation clearly indicated that I do NOT get paid for what I post (by the word or otherwise), but instead I set up an enterprising system to get paid by what YOU post (and not ‘by the word,’ but rather by your choice of inanities).

                  The choice (aka-€hing) is up to you.

                4. Another Ka-Ching with YOUR post$.

                  I have made it abundantly clear that my enterprising – and getting paid – is tied to YOUR actions, and is entirely disassociated from the content or form of my posts.

                  THAT also gives you enough breadcrumbs to answer that question that your would rather seek a direct answer to. C’mon Man, use that noggin of yours to figure out the answer, as I have provided you enough c1ues.

                5. That answer is something that you should be able to figure out all on your own (and it is easy enough, eh?)

                6. Yes. Do you also get paid on other fora? But you’ve already admitted to that. Nothing new here.

                7. You missed – I had asked if you had any cogent questions. You repeating a question to which you already have an answer (and yet again getting this oddly errant in your “admitted to” tell) and then stating “Nothing new here” only to attempt a ‘last word” falls to the very type of inanity that I enterprise upon with YOUR choices in YOUR posts.

                  Here’s (yet another) hint: not just last – but best and last.

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