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Consumer Group Complains About iTunes... In Norway

Legal Issues

from the brrrrr dept

Fri, Jan 27th 2006 12:25pm — Carlo Longino
A Norwegian consumer group has asked the country's ombudsman to look into the iTunes Music Store, alleging it violates consumers' rights. Among other complaints, the group has several issues with the store's terms and conditions, but also says that only allowing songs to be played on the iPod and not other portable music players contravenes fair use provisions of the country's copyright law. A consumer's group in the UK has made similar complaints there, as have other European groups. Apple, of course, couldn't care less about the iTunes DRM as it pertains to copy protection -- it just likes the lock-in.
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13 Comments

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  • identicon
    Colin, 27 Jan 2006 @ 12:54pm

    Lock in?

    Interesting, I thought a free market would mean a company is free to *try* and lock you in to a system but you're free to choose another option.

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 27 Jan 2006 @ 1:17pm

    No Subject Given

    This is one of the dumbest things that I've heard lately. As a consumer I'm sensitive to corps taking advantage of us, but where is that in this case? Apple runs iTunes as it sees fit, even with the DRM most consumers either like the store or simply stay away from it. Why should it be any different in Norway? Even with itunes dominant market position, it's not like they are trying to keep competitors from their space. There are numerous alternatives. If they are too expensive this is because of the RIAA's pressure and because the companies running such services don't want to operate a loss leader. If a user wants to get the benifits of the low costs and selection iTunes store offers they can do so. The cost of entry is the price of the cheapest iPod. Don't wanna buy it? Simply don't use the effing iTunes store, why is that difficult?

    [ link to this | view in chronology ]

  • identicon
    Posterlogo, 27 Jan 2006 @ 2:18pm

    ridiculous

    Don't use the damn iTMS to buy your music if you don't like the DRM. Don't blame the damn company for providing a product the way it wants to. If it is truly not customer-friendly, then it will suffer, as it should. The RIAA is doing everthing it can to screw over legitimate consumers, and such will suffer. I've reduced the amount of music I buy because of all the garbage (real and symbolic) that comes with it. I think if the lawsuit goes through, Apple should just cutoff the whole country if that is indeed deemed to be more cost-effective.

    [ link to this | view in chronology ]

    • identicon
      Rick, 27 Jan 2006 @ 3:01pm

      Re: ridiculous

      I thought the problem with not using the iTMS service, is it's the only service that sells things that will play on an iPod - your only other choice is to use pirated music, correct?

      [ link to this | view in chronology ]

      • identicon
        Joele, 27 Jan 2006 @ 3:19pm

        Re: ridiculous

        That is not correct. There are a few (or many) out there that can place music on the ipod, but they are not Apple made which many customers ignore to be in favor of. Even Windows Media Player now has the ability to transfer you music [haven't tried video] to the iPod.

        [ link to this | view in chronology ]

    • identicon
      Rikko, 27 Jan 2006 @ 3:15pm

      Re: ridiculous

      Doesn't that same argument work towards the MS antitrust suits? Will you say the same thing if dairy distributors says their milk is now only for sale bundled with a block of cheddar cheese?

      Suffice it to say we don't know how Norway's fair use laws work so we can hardly comment. At the surface it sounds silly but I'm sure there's sense in there somewhere.

      [ link to this | view in chronology ]

      • identicon
        Colin, 27 Jan 2006 @ 3:31pm

        Re: ridiculous

        I think the principal of elasticity of demand is being missed here. Microsoft was being called a monopoly, farmers are almost the exact opposite of a monopoly.In fact when teaching the principals of economics these two industries are frequently contrasted.

        Apple's music market is not a monopoly.

        [ link to this | view in chronology ]

    • identicon
      Jay, 27 Jan 2006 @ 11:52pm

      Re: ridiculous

      It's funny how when Apple does it, it's OK, but when the record companies do it, it's not.

      [ link to this | view in chronology ]

  • identicon
    garrett, 27 Jan 2006 @ 3:17pm

    No Subject Given

    Apple can do whatever the heck it feels like regarding iTunes and iPod - it produces both. It really isn't all that difficult to understand... don't like iTunes DRM? Don't buy songs from iTunes. Don't like iPod's lack of support for other DRM schemes? Don't buy an iPod.

    There are so many other options besides the iTunes/iPod combo.

    [ link to this | view in chronology ]

    • identicon
      Paul, 28 Jan 2006 @ 2:04am

      Re: No Subject Given

      Apple can do whatever the heck it feels like regarding iTunes and iPod - it produces both. It really isn't all that difficult to understand... don't like iTunes DRM? Don't buy songs from iTunes. Don't like iPod's lack of support for other DRM schemes? Don't buy an iPod.
      There are so many other options besides the iTunes/iPod combo.

      Apple have a market share monopoly on the portable media player market! And they're using iTunes to maintain that monopoly. Anybody who wants to stop using iPods, will have to go out and buy all their music again to use it on a "no.brand" mp3 player. Once you're in, you're stuck in.

      This is exactly the same thing that caused the anti-trust cases against Microsoft. But since Apple aren't Microsoft people like you will probably just let them get away with it......

      [ link to this | view in chronology ]

      • identicon
        Paul, 28 Jan 2006 @ 8:06am

        Re: No Subject Given

        A monopoly in itself is not illegal. Microsoft got it's reputation by bullying other companies to do what it wanted, making ridiculous exclusive contracts to stifle competition and innovation.
        Apple started something fantastic! Apple actually made it possible for its competitors to exist. Apple is not forcing any MP3 player manufacturers to use its DRM. They are not bullying musicians to sign up with only them.
        You don't have to use the iPod to listen to their music. You can listen to it on your computer and burn it to cd. That in itself is allowing your right to fair use. Where is the evil?
        I can't stand DRM, and will not buy RIAA music until they stop their dinosaur like ways of business and only listen to independant artists. I even only play them on my podcast. I have access to over 7000 tracks of great music and counting. Who needs RIAA artists and their cookie cutter content?

        [ link to this | view in chronology ]

  • identicon
    Anonymous Brave, 28 Jan 2006 @ 8:24pm

    No Subject Given

    How 'bout just using Tunes to burn a CD then ripping it with CDEX or Sound Juicer. Boy, that was tough. F'ing moron.

    [ link to this | view in chronology ]

  • identicon
    Ben, 15 Mar 2006 @ 6:24am

    Not as bad as it sounds

    The socalled "Norwegian consumer group" is actually the Consumer Council, a public advicory service. Their mandate is to protect consumers rights and to see a case from a consumers view, therefore some of their claims may seem ridiculous.
    If no legal precedence has been set they may take a case to the courts in behalf of consumers. Thus the consumer runs no financial risk if the case is lost.
    I don't think they will go to court in the iTunes case. After all you can just buy your music somwhere else.
    I'm from Norway so please excuse my limited english.

    [ link to this | view in chronology ]


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