The top Norwegian consumer advocate has pledged to petition the country’s government to demand that Apple open up its iTunes music store to consumers who use media players other than the ubiquitous Apple iPod. Bjorn Eric Thon, a high profile consumer advocate in Norway, contends that it is the right of the consumer to transfer and play digital media content on any device he or she may choose — not just Apple’s own iPod.
Thon points out that it is against Norwegian law to impose exclusivity of this type in the marketplace. Consumer advocates in Norway have been putting increasing pressure on Apple over the last two years to drop the copyright protection software from iTunes music tracks. As it stands right now, the digital rights management software make it very difficult, if not impossible for most people, to play music downloaded from iTunes on other media players.
Thon intends to submit the case to the Norwegian Market Council, a government ruling body and arbitration court that is empowered by the state to issue legally binding verdicts in cases of market disputes. It is expected that the Market Council will take up the case as presented, and a decision would be rendered by the summer of 2009.
The Market Council also has the authority to fine Apple for each violation of Norwegian law found. Consumer advocates believe that the very threat of establishing a legal precedent against Apple in this matter will cause the company to seek a compromise and negotiate their way out of the predicament.
Even though Norway is a small country, it carries a great deal of political weight within Europe. A legal precedent established in a Norwegian court of law could quickly turn into a quagmire for Apple in other European nations, and elsewhere around the world. Consumer advocates in Finland, the Netherlands, France and Germany have also been putting pressure on Apple to do away with the DMR software. A legal decision in Norway could just give them just the ammunition they need to instigate legal action in their own countries.
Not only that, but once any European country establishes a legal precedent, it becomes far more likely to become official EU policy. This would open up a political and legal can of worms that could tie Apple up in court for years.
Besides which, Apple would probably like to avoid being fined for violating Norwegian antitrust law. Thon and other consumer advocates speculate that any fines levied against the company would likely set a new record in Norway, even up to 1 million euros.
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