Apple hit by Swedish anti-iTunes pressure
By Ryan Block 
posted June 11th 2006 1:41PM
posted June 11th 2006 1:41PM
France's iPod law came and went, and Denmark's anti-iTunes Music Store pressure didn't really seem gather a whole lot of steam; we just saw Norway turn to their own national consumer ombudsman for assistance in prying open Apple's FairPlay DRM so Apple music will, um, play fairly on other devices. But now we can tack on another to the growing number of European nations dissatisfied with Apple's DRM lockbox: Sweden. The Swedish Consumer Agency spokeswoman Marianne Aabyhammar had this to say about the Danish, Norwegian, and Swedish anti-iTunes triumvirate: "iTunes' terms and conditions are illegal in all three countries," and "If iTunes fails to improve its terms and conditions in Sweden, we may take the case to Sweden's market court." Funny how this same spirit of Swedish openness drove Jens of Sweden out of business, but let's keep focused; there's no denying that we're past the tipping point, and the pressure by European states for Apple to Update: according to iTWire, the DRM is apparently not the specific target of the Scandi triumvirate, but is rather the end user terms and conditions outlined by Apple's iTMS. Norway's Consumer Council, for example, apparently takes an anti-DMCA stance and allows for the lawful breaking of DRM for fair use purposes -- which is what's in question here. So even though the issue at hand may not be about the DRM, it's still about the DRM. And we all know (and have known) what's really at stake here is getting Apple to open up and allow people to listen to the music they bought on whichever playform they choose, right? Ok, good.
@ Apple-Audi-connection
Who are you to say iPod users don't want WMA on their iPod? I for one found this to be a major reason not to buy into iPod (library already in that format).
Anyway, free the music.
Music is a commodity plain and simple. It's not free, unless an artist wants to give it away free. It is available in many formats. Still not free. It can be purchased from many sources. PURCHASED. Yes, it can be stolen from various places around the world by thieves who have zero regard for personal responsibility and are the low lives of the planet.
Nobody forced me to buy 3 iPods. Nobody. I had a Rio. It sucked. Battery life was crap, sound quality was crap. I sold it for half of what I paid for it in 2 months. Had to save up for a while to buy my first iPod. But it was worth it...for me. It was my choice. Nobody forced me.
But buying it, I knew good and well that my music would come either from my CD collection or songs I purchased from iTMS. I chose the iPod as I like Apple hardware. It's not the only choice, but it was mine. Apparently, at least 30-40 million other people on the planet have made the same choice. Yes, Apple has 70% of the marketshare. But that means...they currently sell 70% of the players being sold. That says nothing for the existing players out on the market that probably outnumber the iPod 4 to 1. So, in reality, Apple has only 25% of the planet's music players.
And here Scandinavian countries are trying to make sure they don't get any more. Is it about their terms of service? Hell no. If it was, credit card companies wouldn't be allowed to change your terms of service at any given time. And banks wouldn't ever be allowed to foreclose on a loan if they so choose. Microsoft would have been sued over their EULAs a long time ago if this was the issue. The issue is they don't like that the iPod has become popular BECAUSE they are being pressured from within the big computer industry to stop Apple in its tracks. The iPods pose a major threat to the embedded computer base. They can't afford for people to actually switch platform choice, which is actually starting to happen. The IT industry would suddenly find itself with a completely untrained workforce needing a lot of reeducation.
So, do some reading, know what you're buying. If you don't like the iTMS, you don't have to use it. Unless you buy an iPod. There are other good players out there. There are other stores out there. You are NOT forced to use any of Apple's products. It is your choice. But the governments need to back off because the hypocrisy they are espousing makes them become as corrupt and ill-managed as they appear.
Wow, look at the US brownshirts go apeshit when European countries defend the rights of their people...
This is all sooooo funny. Wonder who would benefit the most from all this dancing? Hmmm...no mention of Real or Microsoft in all of this. Not even the record companies who backhandely champion DRM. This is so much crap. Go to the source...the record labels who won't sell you ANYTHING without getting their pound of flesh.
"Indoctrinated"
How ironic you should say that considering most the people complaining about iTMS locking you into an iPod blindly ignore the ability to burn/rip it into a mp3 and use it anywhere.
You're not being forced into using the player or the store. If you don't feel the selection, quality or price is competitive stop crying and go somewhere else.
Hopefully Apple is wise enough to drag this issue out to the nth day and then simply drop iTMS support for certain countries. Of course then the crying will start about having to buy a cd at retail just to rip one or two decent songs...
I somewhat agree that iTunes does not need to be mandated to open up. Not that it'd be a bad thing it would, but it's not necessary. A better shop already exists, with cheaper prices and no DRM - AllOfMP3, with whose service I have been exceedingly happy. I think the perception that iTunes = the entire music download industry arises from its controlling market share. Once people start realizing that there are other, better stores as well, then they will have less to complain about Apple's business model. People think they're being forced to accept DRM if they want to buy online, when this is not in fact true. It'll take a few years for them to learn this, and then the issue will cool off, and Apple's market share will begin to drop because it sells inferior product (higher price, DRM restrictions).
Well, irony never was strong suit of nth americans.
It's not about "selection, quality or price". It's about Apple breaking the law. How difficult is that to understand?
About as difficult as it's gonna be for Apple to say at less that 4% of the European market Norway isn't worth the trouble. When it comes down to it the best play would be to nip this in the bud by cutting off service to Sweden and Denmark as well.
Maybe you can buy that ombudsman a clue. You want to argue about altering terms of service and who's liable if the software causes damage that's fine.
However when you say Apple's DRM is encouraging piracy and then state that iTMS is illegal because it has no cooldown period you have zero credibility but we already knew that when he opened his mouth and said that iTMS songs couldn't be used with another companies mp3 player. I doubt all three countries combined are worth the cost of the bandwidth they'll have to use just for pirated music, aka cooldown returns.
How difficult is that to understand?
"They are not protecting against piracy, but instead encouraging it," Mr. Thon said. "When consumers cannot copy an iTunes song onto their mobile phone, they will get a download of it free from Napster."
Communisim !
Let me make it a bit clearer for you:
What part of: "iTunes' terms and conditions are illegal in all three countries," and "If iTunes fails to improve its terms and conditions in Sweden, we may take the case to Sweden's market court" do you not understand?
The one complaint against Apple by these countries that I fully agree with, and the one that almost nobody has commented about, is this: these countries object to Apple's ability to change the terms of use after purchasing music from the iTunes music store. They argue, and I agree, that Apple should not be allowed to change the terms of use (the contract between the buyer and the seller) after the purchase has been made.
Currently, if you purchase music from the iTunes music store, the terms and conditions may be adjusted or amended at any time by Apple. This is not just a theoretical complaint, either; Apple has already changed the terms more than once on U.S. consumers, changing (for example) the number of times the end-user is allowed to burn an individual track or playlist to a CD.
Alright look, Apple has the right to design their system to work in whatever way they would like it to. Europe is taking a step too far, and need to take a few back.
- Listen up Europe -- YOU DON'T HAVE TO BUY YOUR MUSIC FROM ITMS!! GET OVER IT!
- Europe -- Go and get Napster to go, or use Yahoo's Music Match software to do whatever you would like (I just hope you do not have a mac because Microsoft and these companies BLOCK THEIR DRM FROM WORKING ON MACINTOSH COMPUTERS AND IPODS!)
at least apple lets iTMS work on PC/MACS
-- There is nothing wrong with the way Apple is doing business in the countries, and it seems like some people just do not realize that iTunes is not the only way to buy your music on the computer!
@simon: "Who are you to say iPod users don't want WMA on their iPod? I for one found this to be a major reason not to buy into iPod (library already in that format)."
LOL. Well, then you're not an iPod owner... are you? When iTunes converted the WMA's my old boss owned, we just sat back and smiled at the simplicity. I have to say, its an eye-opening experience to see the following incomprehensible truths unfold:
1.) Some people act as if the power of consumer choice is less powerful than it is.
2.) People love the underdog and unceremoniously kick the market leaders, even if the market leader is providing a superior product.
3.) It's easier to legislate than innovate. Innovation is much riskier and requires enormous risk and creative vision.
I found it amusing when MusicMatch realized that iTunes (given away for free) was going to swallow up its userbase whole, and started begging users to uninstall iTunes. Moreover, Apple would support ungoing development through its focused, time-honored, coherent business plan of selling hardware.
Simply amazing. So many other companys (cough, Sony.. cough, Creative) could be doing something similar, but couldn't quite pull out a consumer win. Why punish Apple?
Message for you European socialists,
Apple doesn't have to sell you shit. They are not one of your government-run "companies". Your high quality of lilfe isn't due to your ability to control capitalism. Although you do contribute to our economy by buying our products; thank you. Instead of fighting [and trying to control] Apple why don't you innovate and create your own products and services?
Instead of spouting more "nth americans" drivel and making generalizations try responding to the points.
The major complaint from all 3 countries is because of Apple's DRM, iTMS purchases can't be played on other mp3 players. This of course is false, even if we don't take into consideration third party programs you can burn and rip to mp3 straight from Apple's own iTunes program.
In what way do you think Norway's cooling-off period is good for consumers (besides being able to easily pirate toons off Apple's dime) and fair to Apple, artists and labels?
However you view these demands it doesn't effect my point that all three countries are irrelevant (yes that's right, your country's share of iTMS purchases is a drop in the bucket and when you factor in how little Apple gets from each song) to Apple's bottom line. It would be cheaper to suspend iTMS than to make expensive concessions (DRM & Cooling-Off) that others will want.
One more point, Apple's evil market share and DRM is the only reason we still have a flat rate per song instead of the label's variable scheme. That benefit alone is worth more to me than any DRM or cool-down complaint but of course this case isn't about consumer protection, it's an attempt to dictate market share through legal action.
"A reply from iTunes is being awaited before a final conclusion can be reached on certain points, including:
* The cooling-off period when purchasing from iTunes
* Whether the technical blocks (DRM) are unreasonable
* Whether the geographical limitations are unreasonable"
Kevin wrote:
Apple doesn't have to sell you shit. They are not one of your government-run "companies". Your high quality of lilfe isn't due to your ability to control capitalism. Although you do contribute to our economy by buying our products; thank you. Instead of fighting [and trying to control] Apple why don't you innovate and create your own products and services?
Why don't you wait until you're a bit older than 5 before making comments on the net?
Sharrdd, it's no surprise to me that you didn't answer my question. Some of you yanks seem to think that a company should be able to break the law, especially if it's an american company in a foreign country.
Maybe you need to invade Scandinavia or something? Norway has oil you know.
Ben McGinnis wrote:
Alright look, Apple has the right to design their system to work in whatever way they would like it to.
And if they want to implement that system they must do so within the law of the country they are operating in.
Christiaan is absolutely correct here, the problem is that this is illegal in these countries.
Why would these countries even consider changing their law to accomodate Apple?
Apple has to make a decision whether they want to continue in these countries or not. Either they'll change their EULA for these 3 countries or get the hell out.
go europe! I wish the USA would stand up for consumers. You shouldn't have to rip music from aac to mp3. This isn't just about apple and itunes this is a big problem in the computer industry and the net in difference places. Standards benefit the consumers and and proprietary hinders consumers and only helps the companies make more money.
To those idiots who made ridiculous comments along the lines of "you don't have to buy from itunes","nobody forced you","apple doesn't have to sell you" etc. - that's no defence!
Apple's sales terms break the law in these countries. So does, say, selling illegal drugs. It's in a different way, yes, but the whole "breaking the law" aspect is the same. You can't defend Apple by saying "you don't have to buy from them" any more than someone who gets busted selling cocaine to school children can say "they didn't have to buy from me!".
I know this might be a tough one to swallow for our American friends. Take a look at Sweden, Norway, Finland and Denmark.
These four countries have more or less created the "perfect" society. They all have great economies, free education, free medicare and are wealthfare states which takes care of the people. They all have good employment rates, a competitive economy, good growth, low crime and very low corruption .
Their governments are trusted by the people and work for the people. They are the most equal societies in the world, while still giving people the opportunity to get rich and earn millions/billions (just like the in US).
If they have a law which regulates the rights and the contracts that can be made between corporations and consumers, they propably have it for a reason ... Don't you think?
Americans commenting on the European civilization and government model; it’d be funny if it weren’t so infuriating. It’s like a legless midget telling that he’s the one to dictate how high hurdles should be taken.
But, back to the subject matter
On the terms of use:
The excellent post of treetrunk said all there is to say.
What if Apple decides that you can only use a song on one Ipod and one computer, no burning and no copies? Or maybe link the songs to one single Ipod. I can hear the howls of outrage already but you’ll have agreed to this.
I’m just glad EU governments are on the issue (slow but anyway).
On the DRM issue:
I do not buy music from Apple (or MS for that matter) because if I buy music I want to be able to do what I want with it (except of course distribute it to other people illegally). If I want to rip it, convert it to whatever format I like, burn it a thousand times or store it on computers, laptops and mp3 players, that should be my prerogative, as long as it is for personal use. A physical CD gives me this freedom (albeit be it with some additional tools). Copy Control is the same kind of nonsense. Nobody raised this issue when it was audiocassettes. I see no difference except of course the fact that it’s easier to distribute illegally but this is actually a different aspect and should have no influence on my right to make a copy for personal use.
I’m at loss why this is so hard to understand. It would be similar as accepting that you buy a CD from Sony Urban that you can only (easily) play on a Sony CD players and not on a Philips player.
Music is data, not software and should be playable on all (and as many as you like) suitable devices.
Ps, No offence whatsoever meant to legless midgets.
I guess lobbyists in Sweden just don't work as well?
For the disgustingly sappy uber-pro european comments. If you think Europe is run sooooo much better than America than please do everyone a favor and move there. In the meantime maybe focus on the DRM issue instead of making jabs at what I am assuming is your own country and save that for another forum. If you like taxation of 40 plus percent to pay for this very wonderful social based government than by all means go. Personally I love my mecca of capitalism and the less socialism and "government programs" the better. Not the land of the Handouts my friend.
As for the DRM issue there are so many ways to deal with it/go around it who cares? Sides I use my iPOD and if I didn't own an iPOD I would use something else. Apple tells you up front what they are going to do, you know you are getting AAC protection. You ever been to Sweden? Not many people there. Hope Apple sticks to their guns forget the anti-capitalists! They use our junk and whine about it at the same time we are only stupid if we cater to them. I use an apple call me an "iDo".
I really don't think Apple needs you very much. They created it...they should profit.
If you want to use another service and equipment, have at it. No, they won't take a hugh blow in profits. Just hope you all work it out with Apple. I love their computers and would never use another. If you don't use Apple products, you don't use the best. I am not on their payroll. (grin)
Just a comment from J. Wolff, USA