Apple’s iTunes digital rights management contract terms are in breach of the Norwegian Marketing Control Act, according to consumer Ombudsman Bjorn Erik Thon, who has submitted the case to Norway’s Market Council.
“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 Thon when filing the motion. “iTunes makes this impossible or at least difficult, and hence, they act in breach of Norwegian law.”
Apple had until Monday to issue a response to the decision, however the reply failed to satisfy the Norwegian authorities:
“We have received an answer from iTunes, but it was an answer that didn't add anything of substance,” commented Thon. “We will now continue what we have done so far, prepare to bring the case before the Market Council.”
The Market Council is likely to make a decision in summer 2009 after collecting materials and hearing oral arguments and their ruling could set a precedent for the European Union as a whole.
“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