Filed under: Audio, iTS, Video, Apple
Norway takes iTMS ToS gripes to court
A consumer advocacy group in Norway is apparently not too happy with the iTMS ToS (Terms of Service) and has won a preliminary ruling in an attempt to force Apple to make some edits. Specifically, the Norwegian group is attacking Apple's liability for any security breaches their software might allow (think: "Sony rootkits"), as well as the company's 'we can edit these ToS anytime we want' policy that is outlined in said ToS. Also on the table, yet again, is the use of DRM and whether it violates fundamental consumer rights in Norway, and the proposition of a 'cooling off' period for iTMS purchases.
First France, now Norway. The iTMS and its practices are taking quite the beating lately. We should take bets as to how long it will take Norwegian pro-music industry lobbyists to get these rulings fixed this time around.
[via MacNN]
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Reader Comments (Page 1 of 1)
Matt Grover said 9:41AM on 6-07-2006
Maybe next we'll see someone take Apple to court becasue OS X won't work with every other PC out there. :/
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Mephistophelian said 10:04AM on 6-07-2006
Oh the terms of service. Those two extra mouse clicks I have to make when upgrading or installing iTunes. Damn you!
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Ole Martin said 10:07AM on 6-07-2006
I'm from Norway and I really don't use iTunes for anything else than playing music and converting music, although I do dislike some of the "features" in iTunes. I have a problem with DRM in general and really can't see myself buying DRM protected music in a million years...
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Thomas said 10:32AM on 6-07-2006
I think the problem with DRM is that fundamentally people don't like to be restricted in terms of using things they own, however from a publishers point of view they're obviously a bit worried that their problems are so easy to copy in the digital realm. At least with CD's copying them on a large scale involves some sort of major hardware. If cars, clothes, or any other physical product was as easy to copy as music files then the manufacturers would put a load of restrictions on pretty sharpish. I think for the next few years at least we're gonna see a real tussle between the various interested parties as to how content is delivered - and if you're fair, both sides do have legitimate concerns.
Personally, itunes works for me since I'm limited in my use of it. I buy only those songs I wouldn't otherwise buy, or those songs that I know I'll only have a limited interest in (chart stuff).
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JonInAtlanta said 10:53AM on 6-07-2006
This is like the morons who buy a house near an airport then complain about the noise.
You know what iTunes does.
You know what it's about.
In case you don't you have a users agreement to read.
If you don't like it, don't use it, don't complain and whine and try to force it to conform to what you want. Don't like it? Go elsewhere.
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Craig said 10:57AM on 6-07-2006
Why is everyone in court against each other? Creative, Apple, Microsoft, Adobe, Norway, France, everyone is trying to sue everyone else!
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Jonathan said 11:01AM on 6-07-2006
This is stupid. So what if the guy doesn't agree with the ToS? He doesn't have to accept them, he can just use WinAmp or Napster or Real. But if he wants to use iTunes, then he needs to agree with those terms. What an idiot.
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Jack Brewster said 11:06AM on 6-07-2006
@JonInAtlanta +1
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Thomas B. Aschim said 11:15AM on 6-07-2006
The problem is that iTunes violates Norwgian consumer rights law. And for the record; in Norway, politics are not heavily infulenced by lobbyism.
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hs said 11:43AM on 6-07-2006
I'm norwegian and couldn't care less about those particular consumer right laws.
Consumers should be protected, sure, but we should be allowed to enter into ANY contract. (Excluding contracts tha makes us slaves etc etc)
Noone should come and tell me that I am not allowed to enter into a contract just because they don't think it's optimal.
If it's abuse of marketpower their after, say that, don't go around yelling about things not being fair. Well, they CAN go around yelling about it, cry even, but don't let stuff like that go to court, that's just bullshit.
Fight monopoly and abuse of marketpower on a selective basis, if the governement is afraid of Apple being allpowerful and abusing us, say that, don't throw me some bullshit about Apple being unfair to me through the use of some bullshit contract I agreed to. Please let me have the right to enter into just about any contract I want to excluding the extreme cases that I will leave for the philosophical debate..
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Michel said 12:01PM on 6-07-2006
no
we shouldn't have the "right" to enter "any contract"
because soon, what you believe is a "right"(or a liberty) becomes an obligation to be crushed down by common industrial practices.
there are no liberty in the liberty to remove liberty.
"Consumers should be protected, sure, but we should be allowed to enter into ANY contract. (Excluding contracts tha makes us slaves etc etc)"
you see, it's the LAW which allow YOU to "exclude" yourself of "slavery" contract
and it's the law which defines "slavery"
so, you want norvegian copyright laws. be happy.
the "government" is not afraid
it's a consumer organisation who is suing apple. not "government", the norvegian government do not seem to be afraid of anything.
"Please let me have the right to enter into just about any contract I want to excluding the extreme cases that I will leave for the philosophical debate"
no.
it was allowed before, in centuries, it simply lead to chaos and Strong over the weak.
you should take some time to study the actual telecom market. when _ALL_ telecom enterprises forces people to the same insane contract there are NO freedom.
Governments soon took forceful laws to clean the contracts. even if you don't know.
it's not NEW
it's not BAD
Apple's business is NOT in danger
Everything is FINE
the judge will decide if the sovereign laws are broken and IF there are some reparations to do
and maybe NOT
don't panic
---
no organisation in France sued ITMS for the moment
the new law ("dadvsi") is not still definitely voted neither it is applied.
and it's a COUNCIL of people which will study complains before procedure
not suing. not judge
there were ONE problem for ITMS in E.U, it's the use of a belgian ITMS business operative to sell in UK, France, Germany and others to preferential rates. it could be illegal to fair and competitive laws but noone speak about that anymore.
everything is fine.
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