The Norwegian Consumer Ombudsman could rule the iTunes software
illegal in Norway in a case whose result is likely to be followed
in Sweden and Denmark. Apple had until 21st June to respond to the
Ombudsman's move but asked for a new deadline of 1st August, which
it met.
In its submission, which is in Norwegian, Apple says that its
digital rights management (DRM) systems are governed by copyright
legislation and not consumer protection legislation, and is
therefore "outside the Council's area of competence", according to
Forbrukerradet, the Consumer Council of Norway. It was the Consumer
Council that first brought the case against Apple.
"Apple seem unmovable," said Torgeir Waterhouse, senior advisor
with the Council. "It seems clear to us that iTunes intend to
continue their unfair practice of using the DRM as lock-in
technology under the cover of being a copy-protection only
scheme."
"The position they're signalling now is the direct
opposite of the consumer friendly attitude [Apple chief executive]
Steve Jobs put forward in 2002 when he told MacWorld that 'If you
legally acquire music, you need to have the right to manage it on
all other devices that you own'," Waterhouse told OUT-LAW.
The Ombudsman had ruled on two issues: the locking out of
non-Apple devices and the terms and conditions attached to iTunes.
The Ombudsman, whose decisions have the status of court rulings,
said that the terms of agreement with iTunes were unreasonable with
regard to the Norwegian Marketing Control Act. It said that
Norwegian, not English, law must govern the agreements and that
iTunes cannot disclaim liability for damage done to
machines by its software.
On those questions Apple was more prepared to change its
practices. "We're pleased with their willingness to alter the terms
and conditions in an attempt to make them more understandable for
regular consumers," said Waterhouse. "This is of course an obvious
move and it remains to see how well this actually turns out in
making the terms readable and understandable for regular
consumers."
Apple requested that some of its response be kept private, and
some of its letter has been blacked out before being published.
"We find that iTunes Music Store so far have only signalled an
intent to resolve some of the issues in the Norwegian
Consumer Council's original complaint," said Waterhouse. "This
leads to what most probably will be a long struggle ahead of us to
balance the terms of the digital marketplace for all involved
parties. We're at the beginning of the struggle and still have a
long way to go."
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