Legal disputes ITunes Store

1 legal disputes

1.1 apple records
1.2 consumer council of norway eula challenge

1.2.1 eu anti-trust case

legal disputes

apple records

for 3 years, beatles record company apple records in legal dispute, apple corps v apple computer, apple computer on name apple. on may 8, 2006, ruling declared in favor of apple computer, apple records said appeal ruling. despite this, plans announced neil aspinall in april 2006 remaster , release entire beatles catalog on unspecified online music service, release unheard work band. no date set @ time. has been reported beatles music catalog might appearing on itunes only, apple reported negotiating britain s emi group on online distribution deal might exclusive limited time.

during january 9, 2007 macworld keynote address, apple ceo steve jobs used band s song lovely rita introduce music-playing capabilities of company s new iphone. regarded industry observers further evidence beatles catalog introduced itunes music store catalog in near future. on february 5, 2007, apple corps , apple inc. announced had reached settlement in legal dispute.

in related development, apple announced on august 14, 2007 entire solo catalog of john lennon available on itunes. solo catalogs of other 3 beatles, paul mccartney, ringo starr, , george harrison, available on itunes.

on november 16, 2010, entire beatles catalog officially made available on itunes store.

the consumer council of norway eula challenge

on june 6, 2006, consumer ombudsmen in norway, sweden , denmark launched common open letter apple regarding eula of itunes through norwegian consumer ombudsman bjørn erik thon. itunes case based upon official complaint filed consumer council of norway on january 25, 2006.

the main allegations that:

the eula unbalanced disfavor customer. scandinavian law requires written agreement favor both parties. weak party enjoys protection exploitation according norwegian consumer laws.
itunes store s use of digital rights management limits number of devices purchased songs can played on.
itunes contract entitles company @ time change terms of contract without notice, including selection of players or software must used itunes files, , number of times customer can change or copy purchased files.
the eula both vague , hard understand customers.
the eula states legal relationship between company , customers regulated english contract law. unreasonable expect norwegian consumers have comprehensive knowledge of english law. products marketed norwegian consumers in norway subject norwegian law—a right cannot waived clause in company s standard customer contract.
the eula removes itunes responsibility regarding damage consumer s computer caused software errors though responsibility cannot waived in scandinavian law.

apple responded july 31, 2006.

on january 22, 2007, german , french consumer groups joined forces norway , finland. goal create united european front against itunes (germany , france have each had own negotiation process itunes). according press statement apple in favor of this. key points in negotiations were:

interoperability: consumer should have right , ability play or music on device of or own choice.
change of conditions: itunes must revoke right change terms , conditions (eula) @ time without consent of consumer.
liability: itunes should change clause limiting liability recover consumer damages if caused content sold itunes.
applicable law: consumers entering contract itunes should able rely on consumer protection rules according law of country in live.

eu anti-trust case

in 2004, which? magazine complained european commission higher prices in uk same songs sold in other parts of european union: typically €0.99 in rest of eu , £.79 in uk. in 2008, commission withdrew investigation after apple agreed end price disparity.