Norwegian Ombudsman: Apple’s FairPlay DRM is illegal in Norway

“Apple’s digital rights management lock on its iPod device and iTunes software is illegal, the Consumer Ombudsman in Norway has ruled. The blow follows the news that consumer groups in Germany and France are joining Norway’s action against Apple,” OUT-LAW News reports.

“The Norwegian Consumer Council, Forbrukerradet, lodged a complaint with the Ombudsman on behalf of Norwegian consumers claiming that the Fairplay DRM system acted against the interests of consumers. It said that the fact that the technology stopped songs bought from iTunes being played on any player other than an iPod broke the law in Norway,” OUT-LAW News reports. “The Ombudsman has now agreed, according to Torgeir Waterhouse, senior advisor at the Consumer Council.”

“‘It doesn’t get any clearer than this. Fairplay is an illegal lock-in technology whose main purpose is to lock the consumers to the total package provided by Apple by blocking interoperability,’ Waterhouse told OUT-LAW.COM. ‘For all practical purposes this means that iTunes Music Store is trying to kill off one the most important building blocks in a well functioning digital society, interoperability, in order to boost its own profits,'” OUT-LAW News reports.

OUT-LAW News reports, “The Consumer Council believes that Apple has only three options: it can license Fairplay to any manufacturer that wants iTunes songs to play on its machines; it can co-develop an open standard with other companies; or it can abandon DRM altogether.”

Full article here.
Cool! That means every company’s DRM is illegal and now Microsoft has to make their DRM Mac-compatible in Norway, right? By the way, Apple’s FairPlay DRM works with iPods, but also with Macs and Windows PCs and certain Motorola phones: No iPod required. The Norwegian Consumer Council forgot Apple’s fourth, and best, option for now: Pull iTunes Store from Norway until the Ombudsman gets his head on straight. No doubt Apple can weather the massive loss of iTunes Store Norway revenue for, oh, EVER. For the record, we do wish the music labels would give up on DRM altogether which would just about solve everything.

Related articles:
Major music labels ponder DRM-free future – January 23, 2007
European consumer groups unite to pressure Apple for iTunes Store ‘interoperability’ – January 22, 2007
Norway not satisfied with Apple concessions – August 02, 2006
Norwegian council reviews Apple response to Nordic iTunes complaints – August 01, 2006
Can Scandinavians really force Apple to change iTunes Store terms? – June 16, 2006
Scandinavian triumvirate extends deadline to August 1 for Apple to reply to iTunes concerns – June 14, 2006
Norway gives Apple until June 21 to change iTunes Music Store terms – June 12, 2006
Norway: iTMS DRM under scrutiny, Microsoft DRM next – June 09, 2006
Consumer Council of Norway files a complaint regarding Apple iTunes Music Store’s terms of service – January 27, 2006

Gutted French ‘iTunes law’ ends up solving nothing – August 01, 2006
French anti-iTunes law deemed unconstitutional – July 31, 2006
Parts of French ‘iPod Law’ struck down as unconstitutional – July 28, 2006
French lawmakers give final approval to watered-down ‘iTunes law’ – June 30, 2006
Apple awaits final approval of French DRM Legislation – June 23, 2006
French lawmakers agree to water down DRM bill that would affect Apple’s iTunes – June 21, 2006
It’s no wonder EMI is supporting Apple in France – May 23, 2006
EMI backs Apple on French DRM law – May 23, 2006
BusinessWeek: still very possible that Apple will close iTunes Music Store in France – May 12, 2006
French copyright bill approved: Apple will not have to share FairPlay DRM details with competitors – May 11, 2006
French Senate vote could offer loophole for Apple’s iTunes – May 09, 2006
Vive l’iTunes! French ‘state-sponsored piracy’ DRM law gutted in committee – May 01, 2006
Force open Apple’s FairPlay? What has possessed the French this time? – April 27, 2006
French Trade Minister: Apple’s iTunes must play fair in French music market – April 14, 2006
JP Morgan: French DRM law will have limited impact on Apple Computer – March 28, 2006
Dvorak: What the French got right with proposed DRM law – March 28, 2006
Will Apple’s Steve Jobs bid France adieu? – March 22, 2006
Wired’s Kahney: Proposed French copyright protection law a good thing for consumers in the long run – March 22, 2006
Apple calls proposed French DRM law ‘state-sponsored piracy,’ predicts iPod sales increase – March 21, 2006
French National Assembly approves digital copyright bill; could affect Apple’s FairPlay DRM – March 21, 2006

73 Comments

  1. News flash! The Ombudsman is about to level a complaint against Microsoft and Microsoft Live for trying to kill off the PS3 and Wii. And then he’s going after Gillette for those Fusion blades that don’t work with the Schick razor. Go get ’em Norway!

  2. Many distributors dictate terms to their suppliers, ie., suppliers need to meet certain standards or else their products don’t get sold. Apple is in a position where they control the majority of online music distribution. Thus, they too have an ability to dictate terms to their suppliers. So why don’t they tell the record labels that they are the ones that need to come up with a solution to this DRM problem? Quite simply, because Apple wants DRM as much as the labels do.

  3. MDN is right, where is the interoperability between platforms? And yes, if I were Jobs I’d yank the iTunes store from Norway immediately — pull the plug! Sadly, this would punish Mac users in Norway who most likely enjoy the service.

  4. I can’t believe the iPod users in Norway will be happy when Apple pulls out. You know Apple can’t remove DRM until music companies say so. This takes away the right of freedom of choice for Norwegian users. They won’t be able to use iTunes anymore.

    So much for the rights of their citizens.

    Proud to be an American….

  5. “‘It doesn’t get any clearer than this. Fairplay is an illegal lock-in technology whose main purpose is to lock the consumers to the total package provided by Apple by blocking interoperability,’ Waterhouse told OUT-LAW.COM. ‘For all practical purposes this means that iTunes Music Store is trying to kill off one the most important building blocks in a well functioning digital society, interoperability, in order to boost its own profits,’

    No, it doesn’t. This is complete speculation and rather libelous. This ruling does not plumb the depths of Apple’s marketing strategy and their insidious plans to take over the world thru iTS, it simply judges that the DRM-scheme is anti-consumer.

  6. This has been going on since forever. It’s called competition. If you don’t like it, make a better product that will beat iTunes.

    Back when long play albums were first out, a compaany called RCA came out with the 45, with the large hole in it. Other record companies started to make their own 45s. RCA filed lawsuits against them. Seems RCA had a patent on the large hole they used.
    This was back in the 1940s.
    So this iTunes thing is just the same old situation.

  7. I would advise these countries to find something more important to fix rather than something as unimportant as DRM. Like all scummy politicians all around the world these ticks would rather go after something as fleeting as DRM and Apple than tackle some real serious issues where they might actually have to rack there puny brains. They won’t win this fight and they should save their energy and be more worried about fights that might cost them and their country’s people something more dearly.

  8. The same ombudsman has never lifted a finger to get the Norwegian Broadcasting Corporation (NRK) to remove the Microsoft only DRM on all the public TV content offered on NRK’s website. …on the grounds that they cater to the majority of users.

    So Microsoft DRM on public (mandatory license financed) TV is OK, but DRM on content purchased on ITMS is illegal?

    The guy is a hypocrite. – But then again he is part of a governmental structure where a former Secretary of Justise now works for Microsoft Nordic as one of the top executives. Go figure.

  9. “a well functioning digital society, interoperability, in order to boost its own profits”

    Socialists. We’d still be riding horses if it was up to these people.

    Plays for sure does work w/ more than one MP3 player. Zune does not, it is Zune folks are talking about w/ m$oft.

  10. Did somebody not explain in Norway that one can burn a CD of any purchases from iTunes, then re-encode it to any device they want to put it on, into any format they want to use, anytime they like? And that Apple doesn’t stop this from happening, thus anything bought from iTunes can actually be used on any player in the world as long as the buyer takes one smart and simple step to back up their digital purchase to a CD as an audio file and then simply takes five minutes to re-rip it? They are either lazy, or they are stupid, or perhaps both.

    Funny, the “MDN Magic Word” to post this was “certain,” as in, I’m certain that they are morons for not sorting this out and trying to make a big deal from nothing.

  11. Seriously folks, why exactly is everyone so opposed to this? Personally, I would love to see Apple exert some pressure onto the record labels to remove DRM. Another solution would be for Apple to just sell songs from artists that don’t require DRM. Of course, I don’t really see Apple doing this either.

    So why is everyone so worried about this? Are all of you guys actually worried that people are going to stop buying iPods if iTunes music doesn’t have FairPlay? Are you worried that the music you’ve purchased is going to suddenly stop working?

  12. There are just 4 million people in Norway, only a percentage have iPods, so pulling the site is really small beer. It won’t even register a flicker on Apple’s balance sheet.

    If I were Apple, I’d run a few full page ads in the national newspapers and tell the citizens why they’ve had to pull out. The outcry might make their politicians take notice for once.

    That said, Norway’s politicians are building the socialist utopia and know what’s ‘best for their people’ like any good socialist leadership and so won’t take a blind bit of notice.

  13. “Socialists. We’d still be riding horses if it was up to these people.”

    Capitalists. We’d be still poor and hungry peasants working for the fat and rich few if it was up to those people.

    What I have to say is that no one has it completely right, capitalists or socialists. The good is created when those two classes struggle against each other. I say that you will thank Norway when after mounting opposition DRM will be discontinued by label companies. Apple will be better off too.

  14. Erik the Viking
    I know it is unfortunate that Apple, the company that is leading the revolution got punished for DRM. I am sure nevertheless that this will trigger a broader action and hit the label companies. If Apple decides to open iTunes for other players I think that will be great for Apple. iTunes is such a great product that it will impress those that are not using it right now and make more people aware of the value that Apple offers. Like Steven said in his Stanford speech, when he was forced to leave Apple he thought it was the worst time in his live, but turned out to be the best thing that happened to him. Same will happen with the opposition to iTunes in Europe. I am certain that Apple will adopt to the new environment. Leaving Norway would be a sign that Apple stopped adapting and started to behave arrogant, like MS.

  15. Will the Norwegian Ombudsman say the same thing about Microsoft Zune and PlaysForSure?

    We wait with baited breath.

    Apologies in advance for being pedantic, but the correct phrase is “bated breath,” as in “breath that has abated” or more simply, “breathless.”

  16. Apple does not force anyone to do anything – You have choices, Apple just provides an easy way to get and listen to music. You can buy your music from other places and use any number of jukebox software titles and put on what ever player you want. People just can’t accept that Apple fixed the problem and everyone else wants to tag along for free. Get a life Norway…

  17. Here’s my problem with this: If Apple creates a product and then Apple offers a service for that product, why in the world are they obliged to make sure their service works for other companies products? If someone can answer that with a reasonable rational answer I’d consider it.

  18. Socialism works really well. Just ask the French or the Nazis.

    I’m afraid I don’t quite get why the Norwegians care. If you don’t like an iPod, don’t buy one. If you don’t want to use iTunes, don’t. You can buy a CD or go to eMusic or Rhapsody. There are plenty of choices. Apple isn’t playing dirty pool like Microsoft did, so there’s no comparison.

    Stupid meddling bureaucrats. Why don’t you go deal with real problems, like the Islamization of your country?

  19. I wonder if Apple pulled the Norwegian iTunes store but (perhaps quietly) allowed folks from Norway to purchase tracks from iTunes through another store, say in the UK, if they would get around this problem. If the iTunes store is legal in the UK and a Norwegian national chooses to purchase a track from that store, shouldn’t that be OK?

  20. This kind of behaviour from overseas never ceases to baffle me, espicially coming from a country that has posters on these very sites [MDN, et.al.] that gripe and moan about how there is no content available to them that is available in the U.S.A. Do the people of Sweden have any say at all in what their government mandates?

  21. I depends how you look at the case. If iTS is seen as a service for iPod users then I think Apple should have rights to do what they want.

    But if iTS is seen like a music store then products bought from there should be playable on other devices. Just like CD can be played on Mac, Windows, Linux and others. What about if you buy a CD which has copy protection in it and you cannot play that on Mac? Would you complain?

    It just happens that iPod is the best player and iTS sells a lot of music at the moment. There always have to be someone to blame.

  22. I agree Apple should just shutdown the store in Norway,Sweden,france and Germany. Let’s see how much music they get from the other vendors. ” width=”19″ height=”19″ alt=”tongue wink” style=”border:0;” />
    Let the pirating begin!!!

  23. “What about if you buy a CD which has copy protection in it and you cannot play that on Mac? Would you complain?”

    You mean like the Windows-only Netflix streaming service?
    The Windows-only interactive features on DVDs?
    The Windows-only music services?
    The Windows IE-only website services?
    The Windows-only Sony rootkit? Oh, wait. Forget that one.

  24. Fifth option. Keep iTunes in Norway, letting user see what is there, hear the 30 seconds sample, search, all the rest. Even movies for jobs’ sake BUT, teh buy button is greyed out and hovering on it will point to the Ombudsman pending action of having declared iTunes illegal.

    I wonder how much noise that would create, especially if the same is done in France, Sweden and Germany. How many days before people will beg Apple to resume selling tracks again?

  25. Start burning Norwegian flags in protest – no wait the islamists have already done that – how bout some cartoons depicting the norwegian ombudsman protecting cartoonists from islamist outrage – no wait he didn’t speak up. I know! I’m going to boycott Norwegian products like?….like?….salted cod lips?… pine tree gum?…reindeer poop?

  26. As far as I know, Apple is the only vendor doing DRM that specifically allows a legitimate method of removing DRM from your purchased music – just burn it to an audio CD and then do anything you want with it. What other vendor allows that? None!

    Stupid Ombudsman…

  27. As a musician, I can tell you that there must be some way to keep music and other intellectual property protected and the ability to sell and profit from it exclusive to those with those rights. I don’t necessarily know how, but I do know that iTunes has succeeded in two respects: 1)Single-handedly proving to the studios that legal, purchased downloaded music can compete with free music (something that seems almost to defy logic), and 2)They provide easily the most flexible DRAM, with 5 machines allowed, and only the handheld being restricted to an apple product. Yes, there are a lot of them, so it does seem exclusive. But the alternative is to return all distribution and promotional control back to studios, whose methods, believe me, are far less ethical, both towards artists and consumers. I do see a future, however, where other handhelds may pay to license the DRAM code, and I wouldn’t be surprised if Apple is aware of this as an inevitability and is simply riding this until they have to, yet comfortably before they may face real litigation. Opening those five machines to include other players I don’t think would be an iPod killer. It isn’t just another MP3 player, it really is the best.

  28. Mr. Pionoman stated:

    “This sounds vaguely familiar…

    “Why should Apple be the only one permitted to make an mp3 player for iTunes?”

    You’ve got it turned around. Apple didn’t make the iPod for the iTunes Store. They made the iTunes Store for the iPod. The iPod was around two years before Apple opened the iTunes Store.

    iPod. iTunes Jukebox. iTunes Store. iPod. iTunes Jukebox. iTunes Store. Are you getting it? These are not separate. They are at one with the Apple universe, NOT with the M$, or Norweign universes.

  29. Truth Decay wrote:
    “You mean like the Windows-only Netflix streaming service?
    The Windows-only interactive features on DVDs?
    The Windows-only music services?
    The Windows IE-only website services?
    The Windows-only Sony rootkit? Oh, wait. Forget that one.”

    Exactomundo! If this applies for Apple iTunes, then it should apply for Windows only services as well.

  30. As an apple fanboy and daily reader of MDN, I know we tend to kill all criticsism agains apple.

    Like right now. You all see this as an attack on Apple. In the big picture and in the long run, it is NOT!

    Our consumer protect group have started a WAR on DRM. And Fair-play as the worlds most widespread DRM is of course the first target.
    The idea is that the consumers rights should the same regarding their bought digital music, as when they buy a CD. We must easily be able to play on all our devices.
    Just like Steve Jobs actually wants.

    “If you legally acquire music, you need to have the right to manage it on all other devices that you own.”
    – Steve Jobs

    Steve hates DRM, consumers DRM…now, bring the WAR on. Kill it.

    Even the music industry has admitted that DRM isn’t really about protecting rights, but by controlling your rights. And if I owned a really big fat record company too, I would also love the idea of first selling you your right to play an album in one device, and then if you wanted it to paly on another device, well pay me!

    Now, KILL THE WHALES!

    (viking ancestor)

  31. To Out Raged
    <i>I’m going to boycott Norwegian products like?….like?….salted cod lips?… pine tree gum?…reindeer poop?<>

    How about gas? Norway is the world’s third largest oil exporter (after Saudi Arabia and Russia).
    A boycott would certainly work. Just look what happened when the US authorities fifteen years ago decided to ban Norwegian salmon (which then owned the US market but wasn’t expensive enough). You will be hard pressed to find salmon from the world’s largest exporter in the US today.
    Yes, go ahead and boycott oil. That will serve those islamist communists right!

  32. Why shouldn’t I be able to copy the music I’ve bought on iTunes Store to my mobile phone? If nobody confronts the DRM-madness we will all suffer. Apple is not the worst when it comes to DRM, and the Ombudsman should do something with MS and others aswell, but Apple is the market leader on music. I totally support the Ombudsman and hopes they go after MS aswell.

    PS: The Ombudsman in France and Germany also have issues with this.

  33. >MDN’s Slant: Cool! That means every company’s DRM is illegal and now Microsoft has to make their DRM Mac-compatible in Norway, right?

    Nope… just Apple’s, but nice try!

    MS would be happy to license it’s DRM to Apple. In fact, it’s Apple’s for the asking. The reverse is true for Apple’s DRM; their intention is just as the Ombudsman suggests – to lock out all other mp3 players from iTMS purchased music.

    Hence… it’s DRM is acting in the best interest of Apple – and for the most part, only Apple.

    You bought it, it pretty damn well better play on what you want it to play on!

  34. Stian, Du driter deg selv totalt ut.
    skal vi forlange at Sony slipper alle spillene sine til Xbox og nintendo også? dust.

    This action by the jackasses how are actually norwegian RIGHT-wingers, and NOT liberals, do not in any way reflect the general norwegian iTunes users views.

    Most of us are just gratefull for finally having a legal alternative that truly works. Specially us mac users, cause everything else is MS only, because god damn RIGHT WING politicians who go to bed with MS are pulling strings.

    I for one am planning to start a lawsuit against the Norwegian Ombudsman if he pushes Apple to leave Norway with the iTS. And most mac users and iPod owners over here are the same.

    If my lame ass namesake wants to fill is god damn Sony Ericsson phone with songs he can buy them at iTunes, burn and rerip them, or he can go to ANY of the other online music resellers in Norway, that only works on Windwos. Fuck, even the mobile carriers sell music for sell phones. This is all just lame.

    Would it be wrong to actually hunt down the guy responsible and break his legs…? Hmm..

    Don´t take my god damn iTunes away, I´ll BITE!!!

    Angry and ashamed Norwegian.

  35. Since the iTS in the US is barely profitable, hard to imagine they’re getting rich in Norway. The iTS and DRM are for the labels’ benefit. Close it down and let Norwegians fill their iPods with ripped and less-legal .mp3s. DRM is really the labels’ to sell/defend/etc.

    This has gotta be a fun battle for Apple… fun, cuz it ain’t gonna cost ’em any money.

    In fact, in smaller markets, they’d be doing Apple a favor. It costs money to set all that up, which they have to do, or the country feels slighted. But if the government tells ’em they’re illegal, they have an excuse to just skip the whole ordeal.

    Also makes the Zune marketplace illegal–but wait–Zune is US only–I wonder if Norwegians even care.

    No iTS for you!

    MW: french.
    I am not making this up!

  36. Norwegian wrote
    “As an apple fanboy and daily reader of MDN, I know we tend to kill all criticsism agains apple.

    Like right now. You all see this as an attack on Apple. In the big picture and in the long run, it is NOT!”

    In the long run and big picture, what if Apple WINS? DRM is defended, the record labels prevail, and we are still a prisoner to DRM, no bigger picture or long term good for us all is served

    How can this not be a direct attack on Apple? Its Apple who will be on the lawsuit, its Apple who will foot the bill for the legal defense, its Apple who will be the bad guy that ‘saved’ DRM if they win, its Apple who will be the defeated evil monster who held Norway slave to the Devil’s DRM if they lose.

    Its not Apples’ fault that the record labels want DRM as part of the licensing agreement. If the ombuttsman and the forkupyourbutt consumer group want to kill drm go to the source, go after the record companies. Make THEM either find an interoperable DRM, or better for everyone, drop it.

  37. Apple should just tell Norway and the EU to GFY (pithy advice favored by the VP of the U.S.). The iPod/iTunes DRM is perfectly legal. Could anyone be so air-headed that they would actually buy music via iTunes and not own an iPod? Nah, couldn’t happen.

  38. Gee, I want my ‘Plays For Sure’ purchases to play on my Mac. Are they going to force MS to develop (God forbid) an updated version of WMP for Mac?

    Maybe they should go after Nokia…. Didn’t they buy Loudeye? Shouldn’t purchases from Loudeye play on my iPod? Shouldn’t they be forced to strip their DRM so that I could?

    The boycott is on… No more Norwegian canned sardines for you!

    Pass the Scottish salmon puleeze!

  39. It’s really simple to explain.

    See, they have this nation over there called Norway, bunch of Democratic Socialists, and the people that live there, they have all sorts of gadgets and music distribution networks and formats and whatnot, and they think that it sucks when all these different companies decide to screw the end user and try to make them pay over and over to listen to the same bunch of songs by the same bunch of retired or dead musicians, or force them to buy their hardware upgrade from the same company so they don’t lose their music library.

    So they made it illegal to do that to people.

    You can talk all you want about the value of these business relationships and the investments and monopolies till you’re blue in the face, but it’s really kind of irrelevant. The Norwegians decided that these sorts of arrangements amount to unfair business practices, so unless Apple wants to play by their rules, it appears Apple is free to go peddle their shit somewhere else.

    http://apple.slashdot.org/apple/07/01/25/2341240.shtml

  40. This incident highlights the differences between European and American attitudes toward business. The tradition in Europe is that business is vetted by the government and that the government has veto power over business plans. The American tradition leans toward a giving business more autonomy. All companies have fewer rights in Europe than the United States. I would suggest Ireland is an exception to this because, in part, Ireland has been more influenced by the US than the rest of Europe.

  41. DRM is created to limit the user’s right to use the music. Apple’s Fair Play is probably the consumer friendly DRM out there, but still, it is DRM. Consumers don’t want DRM and that’s also why people for instance made it possible to copy a DVD. It’s also one of the reasons why people protested against copy protection on CDs.

    People all over the world are against DRM. Fortunately some European countries have now realised this, and lead by Norway they are protesting against the perhaps the biggest, DRM-system in the world, which happens to be Apple’s Fair Play.

    For sure, this will have consequences on other DRM-systems as well, including MS’s Plays for Sure.

    To claim that the protests against are wrong, comparing them with the compability between Playstations and Wiis is naive. On the software side, anyone can make their Playstation game available on the Wii platform, if they face the technical challenges of converting the title. It’s not a DRM that stops you from converting it, but a different system.

    Same goes to hardware. It’s just the physical connection that is different. Anyone can make a game controller to a Wii, not just Nintendo. If Sony wants to do so they are free to. With adapters it might even be possible to use Nintendo controller on a Playstation, if the software supports it. Personally I’m using a guitar from Guitar Hero (Playstation) with my Mac. It’s also possible to release hardware that supports not just xbox, ps or wii. It already exists and people are using it today.

    There is one positive thing about MS’s Plays for Sure: Anyone can license it. In this aspects Apple’s Fair Play locks you in: Few companies get a license to use it and apart for the iPod they are crap and obviously restricted by Apple (1000 songs?)

  42. The Norwegian ombudsman has stated that Microsoft DRM is just as bad. The only reason they chose to go after Apple, is that Apple´s iTunes is the market leader in Norway (as in most of the world). If they win over iTunes, they will go after Microsoft´s DRM.

    DRM is not good for you, so you should support this action. Stop FUD-ing.

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