I will not buy an iPhone? Will you listen to me? We deal with the law about Russian software on smartphones

17 Сен

I will not buy an iPhone? Will you listen to me? We deal with the law about Russian software on smartphones

The law accepted soon: in less than three weeks he managed to fly all three readings, which means that it will come into force on July 1, 2020. At the same time, as usual, a number of moments remain unknown: which devices fall under the law (this will determine later the Government of the Russian Federation) and which software should stand there. But a penalty is known for non-fulfillment of the law: up to 200,000 rubles.

The law was met with discontent. After the first reading of the law, on November 11, several Russian associations compiled a letter to the Chairman of the State Duma, Vyacheslav Volodin, demanding the parliamentary hearings about the bill. The letter was written by the heads of the Association of Retail Companies (Akort), associations of trading companies and commodity producers of electrical and computer equipment (RATEK) and the Association of Internet Trade Companies (Akit). The main requirements in the letter: Consult with the professional community before accepting the law, and also explain who will be responsible for violating the law — the seller or manufacturer.

«Vedomosti» quoted the passage of the letter in which business representatives argued that the law «will have a significant negative impact on both the Russian market for electrical engineering and software and the country’s economy as a whole.» President Vladimir Putin, who assured that the balance between the interests of the security and interests of the business was found, and Russia is interested in the influx and conservation of foreign investment and foreign technologies.

Dmitry Medvedev is one of the long users of Apple products in Russian politics. On the photo with iPhone X. Photo: TASS

One way or another, during the discussion of the law it became known that Apple would alleged from the Russian market, if the law is accepted in any form, since the company will not prevent third-party applications on its devices. The fact that the American company is the main goal of the law, the edition of The Bell reported. Hence, the designation «Law against Apple» arose, which actively began to use in the media.

The State Duma responded, stating that it was «funny,» since there were already similar examples in the country’s history — in particular, the abolition of Google’s services on Android smartphones, which the Federal Antimonopoly Service demanded. Moreover, Russia is in the top three to use the Apple Pay service. «Apple will never give the market to competing payment services. This is all cheap blackmail, «said the State Duma deputy from United Russia, a member of the Information Policy Committee, Information Technology and Communication Anton Gorelkin.

And indeed: statements that Apple will not adapt to a specific market, are greatly exaggerated, because the company is already doing from year to year. For example, in Japan, the iPhone 7 was a special software for the Japanese transport system and the NFC chip for payment. In China, the iPhone has a Baidu search. And even in Russia, smartphones of the company have long begun to use the GLONASS navigation system.

In the fact that Apple does not disappear from the Russian market are confident and long-standing users. First, «Even if Apple leaves the market, the gray import will remain and will be a lion’s share,» said Kanobu Ilya Ovcharenko, producer Wylsacom Media. He adds: «Apple can declare anything, but at the same time preset the conditional Yandex.Bauzer on the smartphone, I think, possibly through negotiations.» Ovcharenko summarizes that Russia without Apple technology will not remain, the question is only as we will purchase it.

Apple Shop is one of the main stores with the company’s devices, is located in the Moscow Central Committee. Photo: Tsum.

The goals of the law are more commercial than political. That is, it is hardly about the fact that the registry of mandatory applications for presets will be added conventional «wires for the wiretapping». Yuri Synodov, the founder of the edition of Roem.ru, explains: «To explicitly put applications for the wiretapping, — what are these applications, and why are they? — It is necessary very much with your head not to be friends. The basis of any operational work is its non-publicity, known applications installed on the phone from this point of view look unprofessional. » Synodov believes that ultimately everyone will act within the framework of the law, «including Apple, whose reporting on sales of devices is very so-so, so that in Russia loudly clap the door.

So far, it is not known which software will fall into the list of necessary. Synodov believes that on phones it can be «public services» and something information — RIA «News» or TASS, for example. SMART TV will be something for the distribution of TV channels and some Russian cinemas. However, he doubts that we are talking about the preset search «Yandex» — such a task, as it seems to him. Rather, this is an attempt to add government media to all devices, as well as to give popularity to digital government services and reduce budget spending on them.

Mobile analyst Eldar Murtazin disagresed with him, who opposite believes that the cause of the bill was «Yandex». «Yandex» is the beneficiary and a lobbyist, and it is not even Russian software according to formal signs. If you look at the App Store or Google Play, then as a rule, applications are registered with their Swiss daughter, but in general, the Netherlands company, «said Murtazin» Kangobu «. He shared that now Yandex pays from 30 to 60 rubles for the preseign of one program to one Android smartphone. The law will make this procedure free for the company. At the same time, he believes that Apple will not prevent something for the Russian market, because in this case other countries will want even the same, that is, to put their programs for free. «Technical regulations today is not, there is no understanding of which software and how to put. In the form in which this story is being discussed now, it is not viable. There will be a lot of options for which they will try to come to a compromise, «complements Murtazin.

«It is necessary to understand that changes in any case will be submitted to the provisions of the Law» On Consumer Protection «, which regulate the requirements for the quality of the goods. Of course, by default, the seller and manufacturer are required to sell goods of proper quality, on the other hand, the presentation of claims regarding the quality of the goods remains completely in the hands of the buyer. The elimination of deficiencies, while, in the case of installing the Russian software, an extremely simple task that can easily be performed by the final seller directly at the time of the realization of the smartphone or after the buyer’s appeal, «explains the essence of the law of Anton Endresian, senior lawyer of Claims. For example, if the buyer acquires a smartphone and does not find the necessary program there, he can contact the seller to add missing programs. The law does not imply a ban to sell a poor-quality product, only imposes fines according to the results of the buyer’s complaint. That is, in theory, the same Apple can safely supply phones in the form in which it supplies now, and already sellers will install the necessary software.