The Consumer Ombudsman has referred the case to the
Market Council because it says that the restrictions are against
the law.
"It’s a consumer’s right to transfer and play digital content
bought and downloaded from the Internet to the music device he
himself chooses to use," said Consumer Ombudsman Bjørn Erik Thon.
"ITunes makes this impossible or at least difficult, and hence they
act in breach of Norwegian law."
The Ombudsman first looked at the problem of the lock-in to
iPods by the iTunes service when a complaint was registered by the
Norwegian Consumer Council in 2006. In 2007 it ruled that the
restrictions were illegal because it acted against the interests of
consumers, who should be able to choose on what device they play
music bought on iTunes. Apple's Fairplay digital rights management
(DRM) technology prevents that on most tracks.
The Ombudsman's office said that Apple had made minor
concessions by changing the contract terms in relation to the
conversion of files to formats that will play on other devices, but
it said that the movement was not sufficient.
"Even with these adjustments, the ties between iTunes and iPod
by use of non-interoperable DRM technology is in breach of the law.
Therefore, I have told iTunes that I will now submit the matter to
the Norwegian Market Council," said Thon.
The Consumer Ombudsman's office said that it met with Apple in
Berlin in February of this year and was told that Apple wanted to
sell music without any DRM. But the Ombudsman said that Apple
should have acted by now.
"ITunes has now had two years to meet our demands regarding
interoperability. No progress has been reported by iTunes since our
meeting in February 08. The consumer’s freedom of choice in the
online music market is an important right. This is a matter of
great principal importance," said Thon.
The Consumer Ombudsman's office said that the Market Council is
a "court of law" in the field of trade.
"The CO and the Market Council have authority to issue decisions
banning unlawful marketing and contract terms and conditions in
standard contracts when deemed necessary in the interests of
consumers," said a statement from the Ombudsman.
The Norwegian authorities have been working with the Swedish and
Danish consumer protection authorities, who are also considering
action against Apple. France and Germany announced that they too
would pursue the issue last year.
Apple has until 3rd November to submit its response to the plan
to take the case to the Market Council.
