Start with a basic fact that most journalists are against any form of copy restrictions. In music those are called DRM, standing for digital rights management. It is a sort of pleasant way of saying copy-proofed.

So if you buy an iPod and download iTunes and wish to play them on, say, an MP3 player or a MiniDisk or what have you, tough. iTunes is protected against such computing. They will play on an iPod, any iPod, but not on anything else. Apple calls this FairPlay protection which is a wondrous misuse of words to give a reverse spin. Like calling handcuffs ‘robust decorative bracelets’.

Plainly consumer groups are against all this. As are most journalists. Now Scandinavian, German and French groups are saying enough, no more or whatever that is in Norwegian.

The only way to get Apple to sit up and take notice is not to huff and puff. It is to see where Apple stands legally and then sue.

Back last June, consumer agencies in Norway, Denmark and Sweden claimed that Apple was violating contract and copyright laws as they applied in their countries. Now German and French consumer groups are saying the same.

The names in this case may be important but they are difficult. Practice before you use them in conversation. Ombudsman Bjoern Erik Thon says the French consumer lobby UFC-Que Choisir and the German Ferbraucherzentralen had joined as has Finland’s Kuluttajavirasto. These consumer groups have met with Apple at least twice to discuss the complaints and can get no satisfaction.

Apple flack Tom Neumayr came out with the perfect flack response to this: ‘Apple is aware of the concerns we’ve heard from several agencies in Europe and we’re looking forward to resolving these issues as quickly as possible. Apple hopes that European governments will encourage a competitive environment that lets innovation thrive, protects intellectual property and allows consumers to decide which products are successful.’

In other words, go away and leave us alone.

In Norway the lack of interoperability is illegal and Norway has given Apple eight months notice to either change its polices or face possible legal action and fines in Norway. Which probably means Steve Jobs will have several sleepless nights worrying about it.

Probably there is a better chance with France and Germany. First know that German has the most restrictive copyright laws in the world concerning music. But only printed classical music. They adjust those laws so that Germany has a continuing monopoly. Protests from Germany about unfair restriction on music show a wonderful ability to change position as needed.

However the whole group has issued a statement which says: ‘We believe consumers have a right to play material purchased online on a portable device of their own choice. As of now, the organizations suggest that iTunes allow their consumers to make the songs playable on other devices through re-ripping burnt CDs containing songs downloaded from iTunes.’

Apple has until September 2007 to conform. We will keep you right up-to-date on this.

Related:

Entry was posted on Tuesday, January 23rd, 2007 at 5:29 am under Apple.

Read more entries by Gareth Powell.
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