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Not our fault, Apple tells EU

p2pnet.net news:- In a variation of its ‘DRM is down to the Big 4′ theme, Apple spokesman Steve Dowling says the company wanted a one-stop iTunes ’store’ for the whole of of Europe, but wasn’t able to achieve that because of the music labels and publishers.

The European Commission has picked up on what consumers around the world have been complaining about for years.

"Consumers can only buy music from the iTunes online stores in their country of residence and are therefore restricted in their choice of where to buy music, and consequently what music is available and at what price," says Jonathan Todd, European Commission spokesman.

But, "We don’t believe Apple did anything to violate EU law," Associated Press has Dowling saying.

Investigators, "have been gathering evidence on Apple’s deals with Sony BMG Music Entertainment, Universal Music Group and EMI Group PLC for the past two years, after Britain’s Consumers’ Association filed a complaint with the commission in 2004," says AP. But, "We do not believe we have breached European competition law, and we will be making that case strongly," the story has EMI spokeswoman Amanda Conroy declaring.

"Sony spokeswoman Sylvia Shin offered no immediate reaction to the investigation and a call made to Universal Music was not immediately returned," says AP, adding Apple and the labels have two months to answer questions in a "statement of objections" from regulators and, "If found guilty, a company could face hefty fines, which in theory could total up to 10 percent of the company’s worldwide annual revenue."

Agreements between Apple and the major labels violate EU rules prohibiting restrictive business practices, it says.

Downloading a track in Britain costs $1.56 (today, about $3), in Denmark $1.44 (today, about $2.85) , while in countries using the euro such as Germany and Belgium, a single costs $1.32 (today, about $2.60), says AP.

Meanwhile, Apple is also under intense international consumer pressure to allow people to be able to listen to iTunes downloads on any mobile player.

Norway, a non-EU country, says 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," says Torgeir Waterhouse, senior advisor at the Norwegian Consumer Council.

"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."

Norway has given Apple until October 1 to, "change its compatibility rules or face legal action and possible fines," AP points out.

In the background is yesterday’s announcement that Apple and Britain’s EMI which, with Vivendi Universal (France) and Sony BMG (Japan and Germany) and Warner Music (US) is a member of the Big 4, will sell EMI digital catalogue DRM-free.

And, "You all fell for it, the easiest PR trick in the book, Apple, EMI and DRM," says Charlie Demerjian in The Inquirer, going on:

The problem is they snowed you, there is no removal of anything, this is a completely different product. The older ones remain totally DRM infected, cost the same, and if you bought them, you are just as locked in as you were, unless you tithe more.

The content mafiaa distracted you with a shiny thing, and sold you back the rights they had no standing to take in the first place.

Stay tuned.

Slashdot Slashdot it!

Also See:
restricted in their choice - EU goes after Apple, major labels, April 3, 2006
Associated Press - Apple notified of EU inquiry, April 3, 2006
illegal lock-in technology - Apple Fairplay DRM ‘illegal’, January 25, 2006
DRM-free - Steve Jobs’ DRM master-stroke, April 2, 2006
The Inquirer - Apple/EMI DRM deal is a big bad joke, April 2, 2006

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Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local politicians. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance. Don’t just complain. Do something!

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