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ITMS Faces Complaint From Norwegian Ombudsman

Whiney Mac Fanboy writes "Following the French Bill that threatened Apple's iTunes service in France, the iTunes music store is facing more uncertainty in Scandinavia. According to a report in Norwegian newspaper Aftenposten, Norway's Consumer Ombudsman has filed a complaint with Apple's music download sales service iTunes, arguing that the transaction terms violate Norwegian law. The Register is also reporting this story:, saying a contract cannot be regulated by English law, rather than Norwegian law, so iTunes must accept responsibility for damage its software may do, and said it is unreasonable to alter terms and conditions after a song has been sold. Consumer Council told the Reg: 'The Consumer Council has asked Apple to respond as to whether iTunes should work on other platforms - they have until 21 June to respond. After that the Ombudsman is likely to set another deadline and then start fining the company.' The BPI (Britain's RIAA equivalent) has also called upon Apple to license Fairplay."

3 of 270 comments (clear)

  1. Re:Foriegn Laws For US Companies? by famebait · · Score: 4, Informative

    I don't understand how Norway can say that if one of the parties is Norwegian (or in Norway) that only the laws of Norway can control.

    They don't. They say that when a business which has a norwegia branch operates a norwegian-language e-shop explicitly directed at the norwegian market, distributed through a .no site, and in every way strives to come across as a local shop, then it is no longer an import scenario: they are operating in the norwegian market, and are subject to norwegian trade law, and just claiming they're not doesn't make it so.

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  2. Re:Don't like Norways laws? by Whiney+Mac+Fanboy · · Score: 4, Informative

    Easier said than done. If Norwegian residents can browse the internet then they can buy from the iTunes store.

    Incorrect. Apple divides the market up. Try buing from the US itunes with a British Credit Card.

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  3. Re:Foriegn Laws For US Companies? by TubeSteak · · Score: 4, Informative

    Nope, the GP has no clue what he's talking about, at all

    In the U.S., if a company has a significant business presence* in a State, then they are subject to the laws of that jurisdiction.

    If some cookie cutter EULA says "State of New York"... well, that doesn't mean shit, unless that company has no significant business presence in your state.

    The second Apple opened a branch in Norway, their product became subject to the laws of that country.

    Apple can either comply, change the laws of Norway, or take their shiny white iBall and go home.

    *A significant business presence doesn't actually require significant business, it just requires a significant presence. Like a company store or corporate offices etc.

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