Mike Harvey, Technology Correspondent
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The might of Apple’s iTunes music store business is under threat - from Norweigan legislators.
Norway’s top consumer advocate today announced the start of legal action to try to force Apple to open iTunes to digital players other than its own market-leading iPod.
Norway has led a two-year European campaign, backed by Finland, Denmark, France, Germany and the Netherlands, to allow all music downloaded from the iTunes system to work on rival music players.
Currently songs purchased and downloaded through iTunes only work directly on the iPod, not competitors’ models, although consumers can get round the protection system by copying iTunes tracks to CDs and then copying them back onto a computer as a MP3 files.
iPods generally cannot play copy-protected music sold through non-Apple stores.
Bjoern Erik Thon, the Norwegian consumer ombudsman told the Associated Press that he will take a case to the Government’s Market Council, which can order companies to change trade practices and fine them if they fail to comply.
Mr Thon said the case could lead to similar action across Europe.
He said consumer advocates from Nordic nations discussed the issue two weeks ago and “decided that Norway will do the test case,” Thon said by telephone. “This could have international consequences.”
Mr Thon said Apple has until November 3 to respond to the allegations and that the council was likely to decide on the case early next year.
Apple has declined to comment on what is becoming a major test case for the company.
“It’s a consumer’s right to transfer and play digital content bought and downloaded from the internet to the music device he himself chooses to use. iTunes makes this impossible or at least difficult, and hence, they act in breach of Norwegian law,” said Thon.
Mr Thon said iTunes had had two years to meet his demands and no progress had been reported since the February meeting in opening up the system. “This is a matter of great principal importance,” he said.
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Why is it okay for Apple iTunes tied to iPod, sounds like Monopoly to me, yet isn't ok for Microsoft to bundle free apps in their OS. Apple's been getting their way for so long, it's about time to put Apple in the hotseat. Apple has less than 10% of the market doesn't mean they can get away with it.
DDmak, Vancouver,
I am not aq fan of ITunes but I don't see how this case is valid. Isn't this same as someone arguing that a blu-ray player should be able to play hd-dvds and vice versa?
martin hughes, essex, uk
Have to agree with David from Philadelphia, any computer literate kid, teenager or adult for that matter can easily put iTunes downloaded music onto any other device. There is plenty of freeware out there that makes it so easy to do.
Freddie Smith, London, UK
Technology changes so people should be able to decide to change brand of MP3 player. Purchasing from iTunes effectively ties you in to using an iPod. If next year company x introduces an iPod killer and you've purchased from iTunes you are stuck - no choice. If MS did that people would be screaming.
Deimos, Norwich,
Consumers do have a choice. Use iTunes with an iPod, or use a different mp3 source and use them on a generic MP3 player. If the iTunes / iPod concept was not beneficial to the consumer, iTunes would have failed. It didn't fail, because it provides a good service.
Gov'ts need not get involved.
David Sanford, Prague, Czech Republic
Dan from Cardif. Yes, iTunes has a say as they spent the money developing their platform. They are not dictating what format other MP3 players or services must provide. They are providing their music service for their music players.
People have the choice to use or not to use their service.
David Sanford, Prague, Czech Republic
Apple has the right to sell its music in any format that it wants, and to limit the use of any such tunes as it sees fit. That theory worked really well for the Betamax, too.
Long live p2p file sharing - Apple makes it easier to not feel bad about ripping off the labels!
Tim, Toronto, Canada
The .AAC format itunes uses can be played elsewhere, my motorola ROKR plays them fine. iTunes is the software platform for the iPod why should it use anything other than its own format?
David, Derby,
"Should I sue the makers of vinyl records because I can't play them on my iPod?"
That's a poor analogy; you can play your records on any brand of record player you want. When you bought a record, it didn't come with an exclusive agreement that it could only be played on one hardware platform.
Justin, San Antonio, USA
How easy it is to convert the music to mp3 isn't really the point here. The point is that iTunes is having the say on what format most music is downloaded and as a result only their hardware can be used to play it. Sooner or later we will find that iPod is the only music device out there
Dan, Cardiff, S. Wales
Should I sue the makers of vinyl records because I can't play them on my iPod?
Richard, Lincoln, UK
This is just stupid. As the last comment says, it is very simple to make iTunes music playable on other devices and the fact remains that apple are selling the content to be played on iPods. If the consumers want to download the music to play on other devices then why not buy it from elsewhere?
Joe , Coventry, UK
With all due respect to the Norwegian people, I believe Mr. Thon has insulted them. If my 10 year old nephew can download edit and move iTunes content to non-Apple hardware (and he does not have any training), then how come the typical Norwegian would find it "impossible or at least difficult".
David, Philadelphia, USA