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Test Case Seeks to remove iTunes DRM

by Bill Stiteler on Sep 29, 2008 at 02:53 PM

iTunesBjorn Erik Thon, consumer Ombudsman for Norway, has announced that he is taking Apple before that country’s Market Council in an attempt to force Apple to remove the FairPlay DRM from its music. This move would allow music purchased from iTunes to be played on any digital music player.

While Apple does offer some tracks for sale (in America, at least), without DRM software, the company has stated that its contracts with the major music labels require them to protect the music from illegal copying.

Computerworld reports:

“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,“ said Bjorn Erik Thon, Norway’s consumer ombudsman. “iTunes makes this impossible, or at least difficult, and hence they act in breach of Norwegian law.“

The Market Council is a branch of the Norwegian government, which could bring a binding decision against Apple, leading to a undetermined fine to force them to comply. The ruling could also have a reach beyond Norway:

“I’m quite optimistic that if we win this case, the European Union will have a look at this and make this EU policy,“ said Thon. In July, he met with Meglena Kuneva, the EU’s consumer commissioner, who expressed interest in the Norwegian effort to get Apple to open iTunes. “I will follow up with her, and keep in close contact in the months to come,“ Thon promised.

Read [Computerworld].

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