iTWire: Norway deeming Apple’s iTunes ‘illegal’ is one of the dumbest decisions of all time

“In what is obviously one of the dumbest decisions of all time, Norway has declared that iTunes is illegal because songs sold on iTunes can’t be played on other mp3 player,” Alex Zaharov-Reutt writes for iTWire.

“While I wish that iTunes would work with any mp3 player, I also wish that Blu-ray discs would work in existing DVD players and HD DVD players. I also wish I could use Gilette blades in Shick razors… It’d also be nice to have a GSM phone running on a CDMA network, Nintendo Wii games playing on a PS3… and it’d be nice if I could use much cheaper liquefied natural gas in my petrol/gasoline or diesel engine without needing any modifications,” Zaharov-Reutt writes.

Zaharov-Reutt writes, “While we’re at it, why doesn’t government mandate that all coins be exactly the same size, so you could use them in any vending machine anywhere in the world? Heck, why not make the Zune store sell songs that can be played on any mp3 player, too? I’m equally annoyed that games I buy for the PSP can only be played on a PSP. It’d be nice to pop them into my Nintendo DS, and vice versa. And surely the decision to release songs on the CD format discriminated against anyone owning an audio cassette player. I mean, where was the Government action then? How dare music companies release music in a format that, at the time, couldn’t be played on the vast majority of the world’s music players?”

“Look, when it comes to a company being able to create a system, they should be able to do this. Why should Apple allow iTunes songs to be played on other players? They were designed to be played on an iPod, or another device that has iTunes, such as PCs, Macs and a couple of phones from Motorola, with the iPhone itself on the horizon,” Zaharov-Reutt writes. “Governments should be very careful about mandating that a company make its proprietary system open for all to use, otherwise why will businesses take the chance to develop new products and services if the Government can just come along and change the rules on you?”

Zaharov-Reutt writes, “It all comes down to whether or not we have a free market. While we live in a world of regulation in our markets, this decision hurts no-one but Apple themselves, and aims to give a free kick to all of their competitors. Precisely why do any competitors deserve such a free kick?”

Full article here.

Related articles:
Norwegian Ombudsman: Apple’s FairPlay DRM is illegal in Norway – January 24, 2007
Major music labels ponder DRM-free future – January 23, 2007
European consumer groups unite to pressure Apple for iTunes Store ‘interoperability’ – January 22, 2007
Norway not satisfied with Apple concessions – August 02, 2006
Norwegian council reviews Apple response to Nordic iTunes complaints – August 01, 2006
Can Scandinavians really force Apple to change iTunes Store terms? – June 16, 2006
Scandinavian triumvirate extends deadline to August 1 for Apple to reply to iTunes concerns – June 14, 2006
Norway gives Apple until June 21 to change iTunes Music Store terms – June 12, 2006
Norway: iTMS DRM under scrutiny, Microsoft DRM next – June 09, 2006
Consumer Council of Norway files a complaint regarding Apple iTunes Music Store’s terms of service – January 27, 2006

Gutted French ‘iTunes law’ ends up solving nothing – August 01, 2006
French anti-iTunes law deemed unconstitutional – July 31, 2006
Parts of French ‘iPod Law’ struck down as unconstitutional – July 28, 2006
French lawmakers give final approval to watered-down ‘iTunes law’ – June 30, 2006
Apple awaits final approval of French DRM Legislation – June 23, 2006
French lawmakers agree to water down DRM bill that would affect Apple’s iTunes – June 21, 2006
It’s no wonder EMI is supporting Apple in France – May 23, 2006
EMI backs Apple on French DRM law – May 23, 2006
BusinessWeek: still very possible that Apple will close iTunes Music Store in France – May 12, 2006
French copyright bill approved: Apple will not have to share FairPlay DRM details with competitors – May 11, 2006
French Senate vote could offer loophole for Apple’s iTunes – May 09, 2006
Vive l’iTunes! French ‘state-sponsored piracy’ DRM law gutted in committee – May 01, 2006
Force open Apple’s FairPlay? What has possessed the French this time? – April 27, 2006
French Trade Minister: Apple’s iTunes must play fair in French music market – April 14, 2006
JP Morgan: French DRM law will have limited impact on Apple Computer – March 28, 2006
Dvorak: What the French got right with proposed DRM law – March 28, 2006
Will Apple’s Steve Jobs bid France adieu? – March 22, 2006
Wired’s Kahney: Proposed French copyright protection law a good thing for consumers in the long run – March 22, 2006
Apple calls proposed French DRM law ‘state-sponsored piracy,’ predicts iPod sales increase – March 21, 2006
French National Assembly approves digital copyright bill; could affect Apple’s FairPlay DRM – March 21, 2006

102 Comments

  1. The analogies don’t really work because whilst you can’t play an XBox game on a playstation, a third party can make games for either system and a shop can sell those games. With the iPod and iTunes, fair enough you can’t play them elsewhere but you’re locked into buying from Apple at Apple prices. Now I don’t have a problem with Apple and I feel their prices are reasonable and suit my usage of the service, I can see why people would have a problem with it.

    Whilst I don’t like DRM, I’m not inhibited by it. I don’t see that as the issue either.

    As I see it, there’s no way Apple Fairplay content should have to be able to play on other devices, even if they granted licenses do they have to grant them to every company who wants one? Where’s the quality control? What stops a company releasing a player that can inadvertently bypass the DRM or other security mechanism? I can see how letting other shops sell music or for record companies to be able to sell direct could be attractive though.

  2. Arguing by analogy is a poor argument, and in any debate, such arguments are routinely ripped apart by the other side — too many opportunities to undermine the analogies by pointing out differences.

    So let’s not argue by analogy, ok? If you do, you’ve lost the argument already.

  3. Norway will also have to do conclude that HDMI DRM standards are illegal, because I won’t be able to play protected digital video on my older HDTV that uses DVI.

    Since they are socialist in Europe anyway, why don’t they just give iPods to every citizen. That would make the discussion moot.

  4. As a proud Norwegian I poop on all other countries. Yes, all of you! I poop on you low living standards.
    (yes that include the u.s. with your ridicules high poor percentage)

    BTW. Some of you like war on terrosism, we like too. Some of you like war on ussr, we like too. Some of you like war on nazi, we like too. In fact, as a self-proclaimed peaceloving country we are, we love the WAR against DRM.

    Now, I’m off to kill some whales.

  5. There is no doubt that Apple holds over 70% market share, and is the dominant player in the handheld music player business. It holds a 90% market share for legal downloads of music, and without question is a monopolist in this market.

    There is no fundamental or intrinsic reason that prevents music downloaded from one service from working on any player the customer chooses. Cassette tapes, reel-to-reel tapes, vinyl records, CDs, DVDs — each of these media makes no distinction between the brand of the playback equipment. You buy one in a store, or get one from a friend, and you know it will work on your equipment at home.

    Why should downloaded music be any different from physical medium music? The method of transport is not fundamentally what the customer is paying for. The customer is paying for the music.

    It is plainly anti-consumer to argue otherwise.

  6. The DRM is imposed by the record labels to Apple.

    If Apple did not agree to creating a DRM for music the iTunes Music Store would still be on the drawing board.

    Norway is a blinkered and backward nation.

    If they had their way we would all be living in caves…

    Pathetic.

  7. Oh Toby,
    Let’s make sure you’ve got your definitions straight? Let’s remember, both Communism (Union of Soviet Socialist Republics) and Nazi (National Socialist) have defined the left and right of European politics for nearly a hundred years. So let’s make sure you’ve gotten your definitions right. Socialism by classical definition is government ownership of private functions. This runs the spectrum – from moderate: the US educational system is clearly a socailist function to extreme: pure communism has no ownership. Nazis believe in significant government ownership key industry and government control of medium sized ones. So, Toby, if you are going to debate, please don’t use your ignorance of proper definitions to label others as leftist or rightist.

    Also, please don’t try and use the wealth of the Scandinavian countries. They live with the blessings of a small population, significant resources (fishing, oil, timber, iron), and significant access to markets (sea/air routes to North America). In short they are wealthy because they don’t have to share with the rest of Europe. Average in France (and if you think poverty in the West Virginina is bad, go to the Arab slums of Paris – if you dare), Southern Italy, Poland, Romania, and Bulgaria and your socialist utopia of Norway and Sweden falls apart.

    More importantly, socialism is a mindset. To paraphrase Jefferson: do you want your government to provide you security or freedom, because it can’t to both. In my definition of Socialist, they gravitate towards security. Civil Libertarians towards freedom. Based on that definition, Norway and the vast majority of its citizens are socialists. They believe the government must protect them from evil companies, the government in turn obliges.

    Most of Western Europe fits this definition. Therefore, I believe Apple should preemptively pull the iPod from the Norwegian market. Now the other countries would have a dilemna, do the protect their citizens from an evil business or protect itself from angry citizens.

  8. critic wrote: “Sure, it’s possible to license a DRM to other players, but it’s wrong to require Apple to get into that business.”

    Please explain why “it’s wrong”.

    Are you saying it’s wrong in a moral sense? Legal sense?

    Why is it “wrong”, and who decided that it is “wrong”, and according to what standard or code?

  9. Fairplay is anti-competitive, ie., it creates a competitive barrier to entry. Removing FairPlay would allow others to enter the market and would result in more competition (eg., music distribution services, music players, software, etc.). If people choose non-Apple products or services, then that shows there are possibly better products out there, which proves the anti-competitive nature of FairPlay. If Apple has the best products, then the consumer will freely choose those.

  10. Toby Belch, oh please! You forgot insanely high taxes, high inflation (how much is a liter of petrol?) and the worlds highest rate of suicide. And as for abject poverty, you may want to run your claims by your North African immigrants.

    All the world loves a clown, Toby, nobody likes a jackass. Jackass.

  11. You know, it just struck me, maybe the reason why Europeans are so dependent on their government is because of having been ruled by monarchs throughout their entire history. They gravitate to Socialism because they’ve always been subjects. It’s been bred into them.

    That also explains why the don’t understand Americans. We’re independent because we cut the strings to any King in the formative years of our nation. We’re comfortable as citizens because for all practical purposes, we’ve never been subjects.

  12. That article deserves a click. All the points express my opinion closely.

    I hope Apple pulls the iTunes Store from Norway. Consumers get this message when running iTunes, “Due to new government regulations, the iTunes Store is no longer available in Norway.” Let’s see how long that lasts…

    Apple can still sell iPods in Norway. It would be bundled with a version of iTunes that does not have access to the iTunes Store. Since consumers will still want the best media player, and they can still buy CDs, Apple will still sell iPods. If some consumers “protest” by using illegal download services, Apple will still sell iPods. What are they thinking???

  13. Socialism is fundamentally anti-freedom at its core. That’s the plain and simple truth of it. Obi-Wan nails it — Europeans are predisposed towards serfdom. The folks who loved freedom LEFT Europe and came to the U.S and to Australia. So we’re really dealing with a population that by-and-large clamors for a Barney the dinosaur-like government to help them.

    Apple created Fairplay at the behest of the music companies. Now if you ran Apple, would you create a DRM that undercuts sales of your own product? Uhm, no you wouldn’t. As another poster said it, ITMS is a service for folks who own iPods mostly. IT IS NOT A PUBLIC SERVICE.

    This is the major problem with socialism. Because it cannot grasp that individuals innovate, and individuals create businesses, it views anything that business does as establishing a public service. Anything that is a public service is in competition with government, so government goes to work destroying what businesses create. It happens over and over again throughout Europe.

    This is why the real growth in Europe comes from places like Poland the Czech republic, who love freedom.

  14. I think Apple should license Fairplay. The reason is not to assuage the Norwegians, but it would be a good political move. Plays for Sure is dead in the water and there must be several OEMs who would leap at the chance of using FairPlay. License it to the existing “Made for iPod” licensees and see how it goes. Add a condition that they don’t also license WMA Doubt that condition would last long, but it’s worth a try and the longer they can spin it out the more it pushes FairPlay as the de facto standard.

    Then MS is left with Zune and Zune market place or whatever it’s called, (a closed system) pushing them on the back foot. Apple could also do an Amazon and license the iTunes store format or pay rebates to those who link to it – maybe they do this already.

    Just my 2c

  15. Consumer Protection –

    It’s wrong in a ‘business’ sense. How companies sell their products is none of the government’s business – as long as the consumer is protected from unfair practices.

    iTunes offer no advantages in pricing, sound quality or availability over other stores or DRM schemes. The consumer does not suffer at all in these areas if he chooses another download site or DRM, and in fact gets better quality and no restrictions if he buys CD’s.

    No one buys an iPod because he has Fairplay DRM’d songs that he wants to listen to on a mobile device – they buy iPods because they’re iPods. iTunes and Fairplay come later.

    This law is a bad idea because, rather than promoting fairness, it stifles innovation. Why would a company like Apple innovate if their products are rendered financially unfeasible by the arbitrary pronouncements of an ill-informed committee?

  16. Realist:

    The Norwegian Obudsman’s decision is the kind of group/government think that destroys competition. There are no impediments to entry into the market for mp3 players and the online sale of music (except for those imposed by the recording industry, of course). Evidence: Zune. Any technology vendor is free to create their own competing closed system, and license the music from the recording for sale to the public. You’re confusing market success with market power. Apple has the market share because it has made a successful product, not because it has created any barriers to entry into the market.

    Who is John Galt?

  17. Skull of Idiot,
    anybody who did not take to the streets in response to the “Patriot Act” and its blatant violations of many civic rights (think habeas corpus among others) is ill prepared to accuse others of serfdom. Don’t throw stones while living in a green house.

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