“Norway’s Consumer Ombudsman has filed a complaint with Apple’s music download sales service iTunes, arguing that the transaction terms violate Norwegian law. The move is the latest step in Scandinavian skepticism towards the successful service’s protection system of songs sold for use on Apple’s massively popular iPod player,” Joacim Lund and Jonathan Tisdall report for Aftenposten.
“Sales at iTunes are downloaded in a format expressly designed to be played on iPods, and if users want to play their music in another format on another advice after purchase, they must violate their agreement,” Lund and Tisdall report. “Consumer Ombudsman Bjørn Erik Thon told TV 2 that Apple iTunes would either have to change their practices in Norway or pay fines.”
Full article here.
“Apple was reported to Norway’s Consumer Ombudsman earlier this year by The Consumer Council of Norway, an independent consumer rights organization. The Consumer Council complained that the iTunes Music Store’s terms and conditions and DRM violated Norway’s Marketing Control Act,” Peter Cohen reports for Playlist.
“The group called FairPlay ‘an unreasonable technical term of use, in so far as it prevents purchasers of music files at iTunes from using other MP3 players than iPods. The sole purpose of this type of DRM is to lock consumers into buying products from a dominant market player.’ The group said in its complaint that Apple’s terms of service for using the iTunes Music Store expressly forbids users from circumventing the DRM, and said that such a restriction is forbidden under Norway’s Copyright Act,” Cohen reports.
Full article here.
We’ll comment as soon as we finish playing our Norwegian-bought Xbox games on the PlayStation we picked up in Oslo; right after we download some songs from MSN Music Norway that play on our Macs and iPods. But, first, we’re going listen to Apple iTunes Music Store-purchased songs on our Motorola SLVR mobile phone.
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Related articles:
Consumer Council of Norway files a complaint regarding Apple iTunes Music Store’s terms of service – January 27, 2006
Apple’s vs. Microsoft’s music DRM: whose solution supports more users? – August 17, 2005
Folks, Norway isn’t going after Apple. They are going after DRM in general. Why do so many people here get upset when someone attacks DRM? Are you afraid that without DRM, Apple’s iTunes would get squashed? I hate DRM. But I understand it has its place. Like a business document that needs to be opened by a specific person or something. But not music. I would find this very interesting though:
Suppose the RIAA gets some brains and realizes that it should try to embrace digital music rather than fight it. And they decide its not worth the money to go after the .05% of the population who pirates music, but comes up with ideas to enhance their products to the 99.5% of the population who would pay for it. Lets say they decide to drop DRM altogether. This would now allow serious competition for online music AND digital music players. Because now, anyone could purchase music online from any online store and could play it on any digital music player. I question how long Apple would keep the DRM on their software to keep people locked in to the iPod. Would they only drop it if people stopped buying from iTunes? Or would they drop it immediately.
Folks, this isn’t about Apple’s DRM vs. Microsoft’s DRM. Its about DRM vs. no DRM. And Norway is looking out for the consumer. I know thats kind of hard to understand to us Americans who’s elected representatives only look out for the interests of corporations.
Jeff writes: “Folks, Norway isn’t going after Apple.”
I am afraid you are wrong on that one. They are going after Apple. The motivation is not consumer protection. It is Microsoft protection. All Norwegian government agencies are completely in the pockets of Microsoft. They actively promote a Microsoft monopoly in their digital efforts. An ugly example can be found in the way the Norwegian Broadcasting (NRK) handles the programming that goes out over the internet.
After much straining, some people in the Consumer Council have found some legalistic tricks they use to go after Apple. In this case they are not interested in consumer protection. The whole thing originated with a government-employed, Microsoft-inspired Apple hater. I have read the original documents.
That said, Norway does indeed in general have much better consumer protection laws than do the USA.
Here´s a little something to clear Your heads…
“We’re not specifically targeting iTunes Music Store DRM – MSN Music was explicitly mentioned in our original complaint together with CDON.com, Music Online.no and Prefueled.com and we are asking that their conditions also are evaluated against Norwegian law. This has been in there since the original filing”, says Torgeir Waterhouse, senior advisor to the Norwegian Consumer Council (Forbrukerrådet).
Since, however, iTMS is the leading store for online music also in Norway, iTMS has been picked to test the waters of the Norwegian Marketing Control Act; legislation passed by the Norwegian Parliament in the spring session of 2005 where consumers can legally break copy protection of CDs to play them on “relevant equipment”. According to the same legislation, Windows Media Player and mp3 players from competing manufacturers like Creative must be seen as “relevant equipment” for electronic music files acquired from iTMS.
Norwegian copyright legislation was for all intents and purposes harmonized with EU legislation in 2005, however with a twist where the legislator use the term “relevant reproduction equipment” giving the consumers the right to break copy protection schemes if the copy protection mechanism for instance is a hindrance for playing a CD also on a PC.
“The regulator said it was not reasonable that the consumer must sign up to a contract regulated by English law, rather than Norwegian law. It also said iTunes must accept responsibility for damage its software may do, and said it is unreasonable to alter terms and conditions after a song has been sold.” according to The Register.
“The Consumer Council has asked Apple to respond as to whether iTunes should work on other platforms – they have until June 21 to respond. After that the Council is likely to set another deadline and then start fining the company.”
Fairplay is one of the nicer DRM setups and i dont mind it because Im hooked on the iPod. But that is not to say that I dont hate DRM and that it only prevents the most technically inept or least determined consumers from circumventing their tracks DRM. The majority of those people will continue to use the iPod regardless. I understand that music is a business and that for it to succeed there must be a profit, but what the labels need to do is let the artists make the music they want to and not just be near carbon copy of what is already selling. There is too much repetition today, and while many great groups borrowed or pilfered parts of other groups they tended to make it their own. Todays bands very rarely sound different from each other and their skills are simple at best. The need for DRM is only to prolong the outdated music business model of the 20th century. Thats what’s so great about the Net it allows for groups to post songs and gain popularity until an indie label picks them up and records them to disc and can help them get started touring.
trying to follow this – and admittedly not doing good job…
but are you saying that the DRM is an example of poor consumer protection?
seperately – isn’t the DRM trying to protect the artist? Where does the artist fall in all of this?
cb
Whatever, Bjørn.
The group called FairPlay “an unreasonable technical term of use, in so far as it prevents purchasers of music files at iTunes from using other MP3 players than iPods. The sole purpose of this type of DRM is to lock consumers into buying products from a dominant market player.
What’s the big deal? iTunes DRM, the fact that iTunes works with only eight different varieties of iPods, or both?
First, Bjorn complains that non-iPod users are excluded from iTunes, then he bitches that iTunes isn’t good enough for these PC-centric consumers because of FairPlay. The stupid ass just can’t make up his mind what he’s so upset about.
Why can’t the manufactures of these PC-only devices also sell adapters and software for use with iTunes? Seems that Bjorn’s beef is with these bumbling bozos, not Apple.
I suspect that that Bjorn may be exhibiting buyers remorse for purchasing his PC-only Phillips GoGear Key014 MP3 Player and hooking up with MSNMusic.com. Well, Bjorn, it sucks to be stupid, but don’t blame Apple for your bad consumer choices.
I never hear about Mac users complaining that they can’t use any other music store. Poor bastards must not know what their missing, huh, Bjorn?
“Consumer Ombudsman Bjørn Erik Thon told TV 2 that Apple iTunes would either have to change their practices in Norway or pay fines.”
No. Apple could just pull out of Norway altogether, couldn’t they? Bang Bang You’re dead.
If you’re too inept to know how to burn a CD, then you deserve DRM. And it’s not like FairPlay is installing any rootkits or anything **couggSONYcough**, so it’s not disgustingly overprotective. Without the DRM, the morons that run the record companies wouldn’t provide music for iTMS, so there.
If Norway is going to bust Apple’s balls about DRM, they need to bust Microsoft’s balls as well!
@Nordfart – Nice link! I don’t know if that was the actual link you intended, but it is indeed HILARIOUS. And to think – these people are serious. LIVE SEX to save the rainforest? Ha! Unbelieveable!!!!!!!!!!!!!!!!!!
Thanks Ay – I appreciate the explanation…
Being Norwegian, and also working at an Apple reseller/service provider, I’m glad someone with some influence is finally criticising Apple. The past years Apple has shown no interest in following Norwegian laws, claiming that it, as an international company, doesn’t have to.
The recent complaint is not so much about DRM, but rather the fact that iTMS wants us to follow British law, and the fact that Apple somehow give has the right to change your rights to use music you already have bought.
Although Apple’s DRM is not that bad, giving you the right to burn your songs to CDs, copy them to your iPod and play the songs on different computers, Apple has, according to the terms of use, change all this so that it one day won’t be possible anymore.
According to Norwegian law this is not legal and I really hope Apple is forced to change this.
Also, Apple doesn’t care about our consumer laws. Any product sold in Norway is basically supposed to last for a certain amount of time, and if the product fails those selling the product is responsible for repairing it. Apple, unfortunately, doesn’t care about this, creating lots of negative marketing on its way. Every iPod dealer in the country is furious, as few iPods last for the minimum two years (mobile phones and computers are among those products defined to last at least five years, and an iPod might as well, although there are no legal rulings about it yet), and Apple refuse to give any compensation to its dealers (which they also are obliged to).
When talking to Apple support they now even encourage you to talk to the consumer council, as its obvious for even the representatives you talk to that what they are doing is against the law. The faster Apple is brought to court the better they say, refering to the lawyers and management of Apple Europe.
Yes, I agree with the previous post. The DRM is mostly the record companies’ fault but the Norwegian complaint is much deeper:
– Apple cannot require Norwegian consumers to comply with foreign laws.
– Apple cannot be released from the damage caused by the usage of iTunes and the purchased items
– Apple cannot modify the terms of service at any time.
To me, those ideas sound like common sense and I am a HUGE Apple fan.
to ignorant americans:
Norway and Sweden are two different countries
These people must be PC users, evidenced by their IQ level of the early shimpanzee!
Oh brother, when do these morons stop!
These people are just too stupid to understand that there needs to be a some protection for the artist and the labels.
Very well put… IQ level of monkeys. Monkeys don’t need iTunes or iPods… they need iBananas….
Just a bunch of GREEDY lawyers trying to RIP OFF all Apple users!
@: A norwegian working at an Apple reseller/Service p
—> I am glad to hear a native Norwegian’s point of view on this topic. It makes me look at things from a different perspective. You make many good points. Interesting – thanks for the input.
“…not worth the money to go after the .05% of the population who pirates music, but comes up with ideas to enhance their products to the 99.5% of the population who would pay for it…”
I have to question your statistics there… If the people who package and distribute popular music were only losing .05% of their investments to piracy, then why would they spend millions to stop it? From 2002 statistics:
– An estimated one in three discs sold were pirate products.
– …global piracy level reached 40% in the context of a shrinking legitimate market…
– More than 50 of the most popular titles of 2002 were seized and illegally distributed before their release dates.
Artists and record companies have been getting a**-raped by pirates for several years now, therefore DRM. The simple fact is that the only people who are upset by ITMS’ liberal file protections are people who want to illegally distribute music without the hassle of circumventing its DRM.
Typical whining Nordics.
yoyoyo your homegirl maggie