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Norway Sets Deadline for Apple Licensing Changes

Tuesday, June 13th, 2006 at 8:00 AM - by

Norway has set a deadline of June 21 for Apple to change its terms and conditions for songs and videos downloaded from the iTunes Music Store. The Consumer Council of Norway filed a complaint against Apple earlier this month claiming that the iTunes Music Store violates Norway laws.

Norway ruled that Apple is trying to impose English law as part of the iTunes Music Store (iTMS) download contract, that the FairPlay digital rights management built in to iTMS downloads prohibits their use on players other than the iPod, and that Apple can change the terms and conditions of downloaded files at any time - All violations according to Section 9a of the Norwegian Marketing Control Act.

If Apple fails to open the iTMS to other portable music players and change the terms of the user license agreement by June 21, the company faces potential fines and court action, according to InformationWeek.

Torgeir Waterhouse, a senior advisor to the Consumer Council of Norway, commented "A trade agreement with a consumer must be balanced, also in the digital sphere. The Consumer Council has seen a trend where terms of agreement, technical blocks and their legal protection have led to a reduction in the rights of consumers and their opportunities to use cultural material."

Apple may be in the spotlight right now, but Norway isn't singling it out. Mr. Waterhouse noted that several other companies using similar terms and conditions are likely to be targeted, too.

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Bosco said:

member since 03 Jun 2002 with 1002 posts, unranked, send him a message or view his profile

Tue Jun 13, 2006 9:47 am

Of course iTMS uses English law. Did you ever hear the phrase The sun never sets on the Norwegian Empire? Me neither. Add Norway to the axis of evil. Bombing commenses in 5 minutes.

As for Mr. Waterhouse... After Apple tells him to shove his Norwegian Marketing Control Act up his lilly white Norwegian arse, he will forever be known as "Torgeir the Dumbass". Sucks to be him.

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geoduck said:

member since 30 Dec 2003 with 1922 posts, unranked, send him a message or view his profile

Tue Jun 13, 2006 9:52 am

Even if Consumer Counsel of Norway wins their case, they'll lose. Apple would just close iTMS-Norway. That's what they would have done if France had pushed through their anti DRM law a couple months back.

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drjason said:

member since 28 Aug 2004 with 37 posts, unranked, send him a message or view his profile

Tue Jun 13, 2006 9:53 am

Didn't France just recently try something like this......didn't work too well for them if I remember right......

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A guest said: (hide)

Tue Jun 13, 2006 10:18 am

This is no doubt being influenced by Scandinavian phone/mp3 player manufacturers. But, I think at this point, it will not hurt Apple at all to license Fairplay where it needs to.

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A guest said: (hide)

Tue Jun 13, 2006 11:05 am

Guest wrote:
This is no doubt being influenced by Scandinavian phone/mp3 player manufacturers. But, I think at this point, it will not hurt Apple at all to license Fairplay where it needs to.

Are there Scandinavian phone/mps player manufacturers? Nokia perhaps, but I don't even consider them when I think of purchasing a phone and they are Finnish anyway. The only reason I can think of for Norway's actions is their cuisine, if you have ever eaten lutefisk you know that prolonged use can cause brain damage.

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Tiger said:

member since 17 Jun 2003 with 1018 posts, unranked, send him a message or view his profile

Tue Jun 13, 2006 11:21 am

"Apple may be in the spotlight right now, but Norway isn't singling it out. Mr. Waterhouse noted that several other companies using similar terms and conditions are likely to be targeted, too."

So, in essence, they ARE singling out Apple because not a single other company has been named. Are likely to doesn't equate to has been.

As for Apple licensing Fairplay where it needs to? Pandora's Box. You open it once and all hell breaks loose. I think Apple will either cave (not likely) and license it to everybody, or tell these namby pampies to suck it and move on to where they're welcome and tell the duplicitous government officials that they need to realize their hypocrisy before they run off any good business who innovates and changes the world.

No, not an Apple employee. Or stockholder. We don't even have an Apple Store in my state.

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A guest said: (hide)

Tue Jun 13, 2006 4:06 pm

The more I think about this there is a probably a big "player" in the background, Napster, Rhapsody, or other online sales business that wants to break the iPod stronghold. Could be MicroSoft. Once they get a victory in a place like Norway then they can use that as precedent to change things in a bigger market.

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LaurieF said:

member since 15 Jun 2001 with 3547 posts, TMO Forum Mod, send him a message or view his profile

Tue Jun 13, 2006 5:33 pm

Geographically challenged wrote:
Are there Scandinavian phone/mps player manufacturers? Nokia perhaps, but I don't even consider them when I think of purchasing a phone and they are Finnish anyway.

Bzzzt - Finland is part of Scandinavia, certainly geographically and more and more commonly politically. And have you heard of (Sony-)Ericsson? Headquarters: Stockholm. That's in Sweden. Quite Scandinavian.

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