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EU May Force iTunes Store To Accept Returns

Posted by ScuttleMonkey on from the putting-a-dent-in-the-bottom-line dept.

Sweet Harmony writes "ArsTechnica is reporting that the European Union may soon require online music stores to accept returns. A review of European consumer protection laws has highlighted online sales of 'digital content services' as an area where existing consumer protection laws need to be harmonized. 'The EC would like to standardize cooling-off periods along with other aspects of the EU's consumer protection laws. One of the issues being considered is whether the rules on consumer sales should apply to 'digital content services' like music.'"

3 of 252 comments (clear)

  1. Re:Returns by CaptainZapp · · Score: 5, Informative
    In most EU countries there are special provisions (thus cooling off) for catalogue -, internet and housedoor sales.

    You can step back from the sale and return the item within a specified time period. Depending on country: 7 - 14 days.

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    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  2. Re:Returns by Scarblac · · Score: 3, Informative

    Remember we're talking about the EU, where consumer protection laws are pretty strong.

    I don't know if it's based on a EU directive, but in the Netherlands, you can return any online purchase within 7 working days, no need to give a reason, and get your money back. Shipping costs are yours, but that's all. There are exceptions to this rule (like things made to order on your specs, or opened CD cases).

    --
    I believe posters are recognized by their sig. So I made one.
  3. Re:Just one problem... by Raphael · · Score: 3, Informative

    How do you return a digital file?

    Read the article again: if I understood it correctly, this mandatory cooling off period during which returns must be accepted would only apply to content that has interoperability problems. In other words, it is very likely that it would only apply to DRM-protected content.

    So it would obviously not apply to Ogg Vorbis or MP3 music files because these are not tied to specific devices. On the other hand, this would apply to music or other digital content that does not let you exercise your usual consumer rights. And if the music can only be played on one specific device under some specific conditions, then the provider would have to accept returns. Presumably, the DRM protection would also require some sort of online validation to ensure that the DRM-protected content that you are trying to play has not been "returned".

    Even if the DRM scheme does not require you to be online every time you attempt to play some protected content, there are ways to limit your ability to play "returned" content. For example, the database holding the keys for all your protected music could be versioned or could use some key chaining that makes it very difficult for you to re-insert a key that has been removed. So even if you restore both the music and the keys from backups, you would not be able to do much with them or you would not be able to play anything else that you downloaded later. Given that the DRM stuff is creeping increasingly deeper into some proprietary operating systems, you may even have to re-install your OS if you want to be able to play the "returned" files. Although this would be possible in theory, I doubt that you would enjoy the experience...

    Anyway, don't forget that DRM is defective by design.

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    -Raphaël