Consumer Council of Norway files a complaint regarding Apple iTunes Music Store’s terms of service

“When you purchase music from iTunes they give themselves the right to single-handedly change your rights at any given later date. For this and other reasons the Consumer Council of Norway has delivered a formal complaint to the Consumer Ombudsman where we ask them to look into several violations of The Marketing Control Act,” Jo Singstad reports for Forbrukerrådet. “The terms of use are unreasonable so we are asking the Consumer Ombudsman to use § 9a of The Marketing Control Act to force a change of the terms, says senior advisor Torgeir Waterhouse… Since many other download services like CDON.com, prefueled.com and MSN.no operate with similar terms of use the Consumer Council of Norway has requested that these services are also put under review for potential breach of the Marketing Control Act… Consumers should be free to choose which equipment and software he or she prefers. The access to content should not be blocked by a random choice of technology. If your next mp3-player is not an iPod you’ll not be able to listen to the music you’ve bought from iTunes, says Waterhouse.”

Full article here.

Advertisements:
MacBook Pro. The first Mac notebook built upon Intel Core Duo with iLife ’06, Front Row and built-in iSight. Starting at $1999. Free shipping.
iMac. Twice as amazing — Intel Core Duo, iLife ’06, Front Row media experience, Apple Remote, built-in iSight. Starting at $1299. Free shipping.
iMac and MacBook Pro owners: Apple USB Modem. Easily connect to the Internet using dial-up service. $49.00.
iPod Radio Remote. Listen to FM radio on your iPod and control everything with a convenient wired remote. Just $49.
iPod. 15,000 songs. 25,000 photos. 150 hours of video. The new iPod. 30GB and 60GB models start at just $299. Free shipping.
Connect iPod to your television set with the iPod AV Cable. Just $19.

29 Comments

  1. “If your next mp3-player is not an iPod you’ll not be able to listen to the music you’ve bought from iTunes, says Waterhouse.”

    Ohhh, BOO-FRICKETY-HOO!

    And if my next computer’s a PC then I won’t be able to use my Mac software on it. No shit, Sherlock.

    Cry me a frickin’ river, build a bridge, and get over it.

  2. lol… but it’s in Norway. Surely a global policy can’t be affected by a single country. BU’s look into all this stuff, communicate with the local government and research potential problems before they released anything into a target market whether in the US or another country. This ain’t happening.. period.

  3. “If your next mp3-player is not an iPod you’ll not be able to listen to the music you’ve bought from iTunes…”

    That’s what the problem is? Tough. That’s their prerogative. I can’t put my cassette in my CD player either.

    I thought they were complaining about the fact that Apple could change the rights allowed by the DRM at any time (such as the number of times you can burn a playlist, etc.). I could get behind that, but not the fact that iTMS purchases won’t work on other players.

  4. There is a problem here. Most Norwegian state institutions are in effect agents for Microsoft. Just look at the NRK broadcasting system.

    I suspect that the real motivation is protection of Microsoft, rather than the protection of consumers.

  5. I’m confused. Is their problem that Apple can change the usage terms of music you’ve already bought? Or that iTunes music only plays in iTunes and iPod?

    If it’s the former, they have a point. When I buy something, I consider the transaction closed, and I don’t like the idea that that one party can change the rules later. (Mind you, this hasn’t kept me from buying iTunes tracks.)

    If it’s the latter, they need to shut up and find something else to whine about. iTunes is a service for the iPod. If you don’t want an iPod, buy your music elsewhere. And if you switch from the iPod to something else (why???), then burn a fricking CD (which you should do anyway) and rip the tracks back as MP3 or WMA.

  6. Unreasonable complaint. Why doesn’t my volkswagon go as fast as a ferrari? Why can’t my tv antenna pick up satalite tv. Come on what a fricken joke! ” width=”19″ height=”19″ alt=”angry” style=”border:0;” />

  7. And the ringtones I buy for my Nokia in Finland (next door to Norway) can’t even be transferred to another Nokia, let alone an Erikson. At least with iTunes you can burn to a CD-RW then rip the songs back in.

  8. iTunes clearly has the terms listed for all to read when you install the software and use the service. So if you don’t like the terms you can use something else. No one is forcing an iPod down anyones throat especially Apple. So this complaint is more lame than ever. I’m sure if this council talks to Apple that is what Apple’s legal department is going to tell them and they are within the law.

  9. Thank goodness the Norwegian Consumer Ombudsman is looking into this. It could have fallen into the hands of the Latvian High Commisioner of Fishy Things, or heaven forbid the Bahraini Grand Pooh-Bah of Incompatible Formats.

  10. means getting this kind of attention. Goes with the territory.

    Maybe the terms will improve in some way as a result, but they’re pretty standard so I doubt it.

    I don’t care since I’m not interested in second-rate players anyway.

  11. It’s Norway…

    Sure, the people are blonde & pretty, but there’s only 4.5M of them in total….

    If they’re going to be so picky, there’s not much business to be lost from shutting down iTMS Norway and force them to buy their music from Napster or MSN… They’ll back off really quickly once they’ve had a taste….

  12. The main claim is not true. If you get rid of your iPod you can burn all your purchased music to CDs and then re-import the songs into a different software (now DRM-free) and play it on anything you want.

  13. Less then 4,5 million, methinks, but coming from Norway myself, I happen to know that they are stinkin’ rich:) Good customers, in other words.

    But this isn’t about not being able to play songs on other players, first and foremost, but concerning the rights of the consumer versus the enterprise and I see that as a most legitimate concern. Who in their right mind actually loves DRM!? We know – or should know, at least – that Apple most probably had to add that, to get the record companies to join. It is a way to try to block piracy and of course it is not a popular way, but after all, I see it as a consequence. Our actions have their consequences. If we think we can get music for free, DRM is a consequence of that way of thinking.

    But the first thing the Ombudsman is pointing at, is the part about changing the terms. Now, if you think that is OK, where do that lead us? Is a contract worth anything at all if one of the parties signing it can change the terms of it, without as much as conferring with the other part? I should say no, it renders any contract, any signed agreement totally useless. Maybe that is the standard in the USA, but consumers do have rights in the Nordic countries.

    That said, Norway is very MS-dominated according to my impression, but they are definitely not running the errand of Redmond, at least not consciuosly, but to be fair, they should go after everyone – and they are looking into other services as well, the article reads.

    I find the other part highly interesting, though, where they say that about Apple is not to be hold responsible for corrupt files etc. If a consumer can prove that the product s/he has bought has flaws at the purchase (here: download) s/he should of course have the right to get the money back or a new product – but what about that part about corrupting a product caused by hacking, viruses etc.?

    Wouldn’t that be interesting if they looked into the products of a certain Redmond-based company with that in mind?

    My 2-øre’s worth…

  14. Norway? That’s in Canada, right? And I think you’ll find that DRM changes only affect purchases made after the change. Previously purchased tunes still have the old DRM rules attached.

  15. Suppose I have a Zen and I buy a year’s subscription from Microsoft’s music rental service (don’t even know what it’s called). Then I go out and buy my next mp3 player, and it’s an iPod. Guess what, I can’t play any of the music I’ve paid for.

    So if they want to force Apple to make a Zen play songs bought from iTunes then they should also force MS to allow an iPod to play music rented from MS.

  16. Wow! Listen to all you Mac apologist poo poo these complaints. The Mac fanatics who just a few short years ago would loudly cry foul everytime every other computer company did something that limited the ability of Mac users to do what they wanted – monopolistic Microsoft policies and all that, software companies that only supported PCs, etc, etc.

  17. iTunes music is downloaded into iTunes, a computer-nonspecific, software, and play it. They have full access to the music. Now, if they want to use a portable player, they may use ANY AAC device they wish, OR use freeware software to convert AAC to MP3 for use on any other non-iPod player.

    As much as I wish the whole universe was as free and as open as Norway, it is not. Apple is trying to protect the rights and profits of the musicians… and their blood-sucking agents. As such, SOME method of copy protection must be in place. The use isn’t FORCED into using iTunes and an iPod. They can buy it at their local music store an play it upon their CD, cassette, or LP 33.33 rpm turntable.

    iTunes music downloads are intended for play on iTunes Music Player (Mac or PC). The iPod player is intended for the user to take their iTunes music with them. There is no need for Apple to supply a Creative MP3 Player-compatible version of the song.

    Join the party or not. The listener is not forced to use the iTunes-iPod combination as their ONLY means of music acquisition and listening.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.