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The EU’s at it again

Posted by Kate Marshall | Monday, March 12, 2007 11:30 AM PT

norwegianwood.jpgFirst Norway criticized Apple, Inc. for the closed structure of its iPod-iTunes system. Now, the EU Commissioner for Consumer Protection, Meglena Kuneva, is getting in on the fun too, saying that consumers shouldn’t be locked into one system just because they purchased a song from the iTunes store. Kuneva also called for competitive pricing, uniform sales contract, and for consumers to have a “cooling off” period where they could return purchased music if they wanted to.

Although that last bit sounds intriguing, I have to wonder exactly how one “returns” digital downloads (besides the obvious fact that your money would be refunded. Do you upload/email the file back to the store? How does the store know you really deleted the music from your hard drive? These are the questions that keep me awake at night, when I’m not mentally cataloging my fountain pens by color and manufacturer).

I wouldn’t mind seeing a DRM-free iTunes store as much as the next person but even I know that if Apple wants to overhaul the iPod-iTunes system, they’ll do it on their own terms (provided the record companies cooperate too). So what other tricks does the EU have up its sleeve?

[Hat Tip to Ars Technica]

Comments (7)

Jeez... where does one start? First, sure, I like a return policy as much as the next guy, but we don't legislate regarding it, even with brick-and-mortar, flesh-and-bone products where it's easy to make sure the person isn't having his cake and eating it, too. Second, if the EU wants to declare the iTS a monopoly that must be regulated for consumer protection, fine. Once you do that, then legislate away for my protection. But I can't think of many other situations (other than public health and safety) where government has seen fit to so carefully scrutinize an industry (especially one that is merely a consumer luxury (as opposed to necessity). Of course the EU can't declare the iTS a monopoly because it isn't one under any conventional definition of the word. So, instead, they just decide to legislate it anyway without any justification (that I've seen) as to why such legislation (as opposed to free-market regulation) is necessary. Hell's bells, if there's ever been a Pandora's Box. I can't believe that companies are screaming against this from the top of each of their ivory towers. I'd be scared to death if I were a CEO of this happening with any of my popular products that had managed to largely capture, but not monopolize, its market.

Daniel
March 12, 2007
12:28 PM PT

Competitive pricing--because $1 is too much. I know, the pricing is different outside the US in some cases, but I can't believe it's as bad as buying plastic in a store.

Donn
March 12, 2007
12:40 PM PT

The fact that they want to have a period of time where a digital download is returnable shows that they have absolutley no idea how music (or any digital file for that matter) downloads work. When was the last time the record industry allowed us to return a CD after a "cooling off period." And as for competive pricing - I thougt 99 cents (for a single) is fair.

Tony Di Giacomo
March 12, 2007
1:30 PM PT

The only way I can imagine a user being able to 'return' digital music, is if DRM is used.

If the user requests the refund, their account is de-authorised for that particular track or album.

(However, if the music has already been burnt to CD, the whole thing becomes a bit more complicated.)

Erik
March 12, 2007
2:05 PM PT

Europe doesn't know what they are talking about. It's not Apple who controls DRM, it's the record labels. Europe seems to forget who implemented DRM. Not Apple. The record labels did and they admit freely to this day they don't have any plans to remove DRM in the future either. The whole campain against Apple in Europe is stupid because Apple can't do anything about it. And then there's the other side of the coin. All the Microsoft only IE6 only music stores that Mac users can't even access let alone buy something from. There are to many examples of unequality in many areas that make europe look stupid for complaining about iTunes which is the most open online store platform out online today.

John
March 12, 2007
2:06 PM PT

with that whole return thing that lady has no credibity whatsoever. as said before you can't return music... it's been like that since i can remember. sure some stores will exchange a CD for the same item i a problem is found, but apple already does that (i've had a song downloaded only up to the half of it, and apple gave me a new one)

plus, apple is not telling you to buy songs from iTunes to use on your iPod. you can get it elsewhere.

why don't they go after sony for not allowing nintendo games to be played on the PS3 and vice versa? i don't understand.

jayH
March 12, 2007
3:17 PM PT

@ John

I don't think this is correct. I think that Europe knows very well that Apple CAN control this and that the only reason we don't have interoperability is because Apple won't license FairPlay to other hardware vendors and music stores. I do think that Steve Jobs's suggestion that Apple can't license FairPlay because it would be cracked and the record companies will take their toys home is absolute nonsense because PlaysForSure has been able to operate without any major issues for years. Yes, PlaysForSure has been broken a number of times but this has never resulted in the record companies removing their content so I see no reason why Apple can't license FairPlay as well. Sure, I'd love to see DRM-free music sold but Apple's arguments just don't hold water and the EU is quite right to call their bluff.

March 13, 2007
6:22 AM PT

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