In a bold move against iTunes’ DRM, called Fairplay, the Norwegian Consumer Council has deemed it illegal in Norway, with France and Germany possibly following suit.
Norway isn’t happy with Apple’s DRM technology that restricts play of files downloaded from it’s iTunes Store to only iPods [when away from the computer]. Because other portable players are not allowed to play the files, Norwegian Consumer Ombudsman Bjørn Erik Thon has declared Apple’s Fairplay technology is anything but.
“I understand that a company feels the need to protect its products from piracy,” said Thon in 2006. “However, this should not negatively affect customers who through lawful means have obtained downloaded files. Today, iTunes´ use of DRM-technology renders the customers without rights in dealing with a company which on a whim can dictate what kind of access customers will have to products they have already paid for.”
The main complaints of iTunes’ software license agreement [EULA], in regards to Norwegian law, are as follows:
* Scandinavian law requires any written agreement to favor both parties. The weak party also enjoys protection from exploitation according to Norwegian consumer laws. Itunes’ EULA is unbalanced in this regard.
* Fairplay limits the number of devices purchased songs can be played on.
* iTunes’ contract entitles the company to at any time change the terms of the contract without notice, including the selection of players or software that must be used for iTunes files, and also the number of times a customer can change or copy already purchased files. Although this is considers standard practice for EULAs, Norway doesn’t agree with it.
* The EULA is both vague and hard to understand for the customers.
* The EULA states that the legal relationship between the company and customers is regulated by English contract law. It is unreasonable to expect Norwegian consumers to have comprehensive knowledge of English law. Products marketed to Norwegian consumers in Norway are subject to Norwegian law—a right that cannot be waived by a clause in a company’s standard customer contract.
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