Norway To Apple: iTunes For Everyone

In a letter to the council, Consumer Ombudsman Bjorn Erik Thon said that he found it "unfair" that most of the music bought on iTunes Store can only be played on Apple's iPod.

"The Ombudsman demands that the consumers themselves should be able to choose what music device they would like to use to listen to music bought from the iTunes Store," he said.

The case centers on Apple's digital rights management (DRM) technology, which is used to prevent illegal copying and distribution of files -- in this case iTunes. Since he went to battle with Apple in 2006, Thon has contended that Apple uses DRM to "dictate" which technology must be used to play music files, and also the number of times a customer can save and copy files.

Thon has long contended that Apple uses DRM to "dictate" which technology must be used to play music files, and also the number of times a customer can save and copy files. "As of today, the only portable players able to play files downloaded from iTunes are Apples own iPods," he said in his original complaint in July 2006.

Apple and Thon last met in February 2008. He acknowledged that in the past two years some progress has been made and conceded that Apple has made some adjustments in their contracts regarding how to convert music files so that it can be played on other devices. However, Thon said that the adjustments are not enough, and he has given Apple a Nov. 3 deadline to respond.

"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. "iTunes makes this impossible or at least difficult, and hence, they act in breach of Norwegian law."

Apple CEO and co-founder Steve Jobs publicly weighed in on the situation last year in a letter he posted on the company's Web site. He covered various issues surrounding DRM, including the reason why Apple employs it-- "there are many smart people in the world, some with a lot of time on their hands, who love to discover such secrets and publish a way for everyone to get free (and stolen) music." Jobs also addressed the overseas DRM issue.

"Much of the concern over DRM systems has arisen in European countries," Jobs said. "Perhaps those unhappy with the current situation should redirect their energies towards persuading the music companies to sell their music DRM-free." Jobs goes on to name Vivendi, Universal, EMI, Sony BMG, and Bertelsmann.

"Convincing them to license their music to Apple and others DRM-free will create a truly interoperable music marketplace," said Jobs. "Apple will embrace this wholeheartedly."