Apple Fairplay DRM ‘illegal’
p2pnet.net News:- Norway has decided Apple’s Fairplay DRM (Digital Restrictions Management) consumer control system isn’t only unfair, it’s unlawful.
“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. 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.”
This unequivocal statement comes from Torgeir Waterhouse, senior advisor at the Norwegian Consumer Council, quoted by Out-Law.com.
It follows news that German and French consumer groups are gearing up for a full frontal confrontation with Apple, demanding that it makes iTunes compatible with music players made by other companies.
Not good news for Apple which among other things, is being sued by an American user, and whose boss, Steve Jobs, has caught the eye of the Securities and Exchange Commission , not to mention the US Department of Justice, over document fraud problems.
“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,” says Out-Law.com. “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.
Waterhouse said the Ombudsman has told Apple, “iTunes Music Store must remove its illegal lock-in technology or appear in court. As of right now we’re heading for a big breakthrough that will hopefully pave the way for consumers everywhere to regain control of music they legally purchase.”
“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,” says Out-Law.com, adding:
“The Ombudsman has also backed the Consumer Council’s claim that the DRM technology is not simply a copy protection scheme. The Council had argued that in restricting consumers’ use of music so heavily the technology broke contract law in Norway.”
Also See:
Out-Law.com – Apple DRM is illegal in Norway, says Ombudsman, January 24, 2007
full frontal confrontation – Steve Jobs vs The World, January 23, 2007
American user – Apple ‘monopoly’ case rolls on, January 4, 2007
caught the eye – Steve Jobs meets DoJ, SEC, January 24, 2007
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January 25th, 2007 at 3:28 pm
I wrote about this to a contact at the Competition Bureau.
It may be helpful for people to write their own letters to the bureau, especially if you are an actual customer of the iTunes/iPod bundle.
http://www.competitionbureau.gc.ca/
January 26th, 2007 at 5:55 am
Fairplay is quite liberal, but it is DRM nonetheless. Apple developed this iTunes/iPod product bundle completely in house, and in my opinion, they have every right to it. If you don;t like it, then don’t buy into it. Apple didn’t decieve the customer. It’s not like people don’t know that you can play protected music on the iPod only from the iTunes music store. It will play MP3, WMA (non-protected), a number of other media files.
If I was Apple, I would pull out of Norway over this and leave the customers hanging. As for the person here in the US that is suing them for similar things, all I have to say is good luck.
January 27th, 2007 at 7:21 am
“Apple didn’t decieve the customer.”
They may not have, but what they have done is written an Illegal Contract.
The terms of the contract is illegal in Norway, so it does not matter what else you can use the iPod for – i.e. a coaster, a doorstop or a lead weight.