Got a tip for us? Share it...

Norway To Pressure Apple To Change iTunes EULA? [Updatedx2]

Norwegian consumer advocacy group The Consumer Council has announced that the Consumer Ombudsman (CO) in Norway (an independent Norwegian administrative body tasked with enforcing the Marketing Control Act and supervising consumer issues) has given its support to many of the complaints that were brought in the Consumer Council's January 25th complaint against Apple's Norwegian iTunes Music Store.

Highlights of the decision
-It is unreasonable that the consumer must give consent to an agreement regulated by English law.
-It is unreasonable for iTunes to disclaim all liability for possible damage the software may cause.
-It is unreasonable that rights to music already downloaded by the consumer may change after purchase.

The decision appears to not agree with the Consumer Council's attempt to force Apple to allow customers to circumvent Fairplay. The original complaint (pdf) listed the fact that consumers were prevented under the license agreement from circumventing Apple's Fairplay DRM.

The Consumer Council is now waiting for Apple's response before proceeding. While it is still voluntary for Apple to comply with the CO's decision, the CO can forward the case to the Market Council (the Norwegian court of law in the field). The CO and the Market Council have the authority to ban unlawful contract terms and conditions.

The iTunes Music Store has come under attack in recent months by France, who originally proposed to demand that Apple open up its music store to allow other competing media players to play music downloaded from the iTunes Music Store. The bill was later gutted in committee and no longer issued those specific requirements.

Background Information: Background Information on Norwegian Consumer Groups

Update: A local Norwegian news site reports that iTunes interoperability does seem to be at issue. In addition, corresponding groups in Sweden and Denmark appear to also be following suit.

Update 2: CO Statement (Raw Data)

Top Rated Comments

(View all)

74 months ago
Most Norwegians don't seem to care. Gekko?
Rating: 0 Positives / 0 Negatives
74 months ago


-It is unreasonable that the consumer must give consent to an agreement regulated by English law.
-It is unreasonable for iTunes to disclaim all liability for possible damage the software may cause.
-It is unreasonable that rights to music already downloaded by the consumer may change after purchase.


Here in the US I think the same might apply. Can a contract say that it is enforced by the laws of some other contry. For example can a contract here in the US state that in case of dispute it will be settled by some court in Russia or Mexico. Can you disclain all product liability?
Rating: 0 Positives / 0 Negatives
74 months ago
This will go the same way was the French case...
Rating: 0 Positives / 0 Negatives
74 months ago
i hope they win the case. maybe iTMS will change for the better in the future. for example, downloading a track and accidentally deleting it and having to pay for it again stinks. a subscription service ala apple style would be very nice, and lossless aac downloads over the current crappy 128 aac. i'm no audiophile but i can tell the difference easily.
Rating: 0 Positives / 0 Negatives
74 months ago
I don't see how anyone can disagree with that. Seems fair enough.

The fact that Apple can change the terms of the license at any point, kind of makes the ITMS a subscription model anyway. The main difference being that the 'bought' content is hosted on customer's machines and iPods....
Rating: 0 Positives / 0 Negatives
74 months ago

i hope they win the case. maybe iTMS will change for the better in the future. for example, downloading a track and accidentally deleting it and having to pay for it again stinks. a subscription service ala apple style would be very nice, and lossless aac downloads over the current crappy 128 aac. i'm no audiophile but i can tell the difference easily.

Let's see, if I buy a CD in the store and lose it or break it, then the store I bought it from should replace it?

I don't think so.

Whatever
Rating: 0 Positives / 0 Negatives
74 months ago

Let's see, if I buy a CD in the store and lose it or break it, then the store I bought it from should replace it?

I don't think so.

Whatever


Napster used to allow this....not saying I like it as I use iTunes myself but for the brief period that I used the napster paid system (before I got an iPod...and a mac for that matter) I know that was a feature.
Rating: 0 Positives / 0 Negatives
74 months ago
I don't thnak Apple should be able to change the terms of the iTunes DRM after you buy it, either. That would be like the dealer revising the terms of the warranty on your new car after you bought it.

They're welcome to extend it, and Apple did in the "number of computers you can simultaneously play songs on way", but they lowered the number of burns from 10 to 7.
Rating: 0 Positives / 0 Negatives
74 months ago
So all this talk about users should be able to circumvent FairPlay
has always seems fairly silly to me, after all can't you burn any
song you want to a CD without any DRM of any sort?

I do this about once a year with the new songs I've bought.
Rating: 0 Positives / 0 Negatives
74 months ago
I know that the powers that be won't let things like this pass, even when it's not any of their damn business, but it's reassuring that somewhere on the planet societies are smart enough to actually debate these sorts of things.. debate anything for that matter.. cept for American Idol, but I digress.

EULA's are sinister. Clicking "agree" to actually see that body of the EULA? That's ridiculous, but it happens all the time. I hope the EU as a whole does something to stem the tide of media as a pure rental model so at least I have some place inviting to move eventually :-)
Rating: 0 Positives / 0 Negatives

[ Read All Comments ]