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Apple Faces Fight to Free iTunes From DRM

Posted by JR Raphael | Monday, September 29, 2008 2:05 PM PT

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Apple could soon be forced to drop digital rights protection from iTunes. A government-appointed consumer rights advocate in Norway is fighting to keep the company from selling music with DRM technology -- the stuff that restricts how you can use the songs and makes it tricky to place them on devices other than iPods. Right now, most of iTunes' music comes with those limitations.

The Norway official says that inclusion violates consumers' rights and thereby violates the nation's laws. The users should have the option, he says, to play content on any device they choose -- not just an iPod. The country has been talking with Apple for months about opening up its music store and has achieved some limited success, but its consumer activist says more must be done.

itunes-small.jpg What Happens Now

A Norweigian court will now review the case. It could then issue a mandate requiring to Apple open iTunes and drop DRM altogether. If it does go in that direction, it'd be able to start fining Apple for violating the order. Apple is supposed to respond by November 3, after which both sides will present written and verbal arguments. A final decision could come as soon as early 2009.

What It Means

So what could it mean for you? A lot, potentially. Already, a handful of European nations is backing the battle, from Finland to France and from Germany to the Netherlands. Norwegian leaders believe the European Union will ultimately get behind the cause and make a sweeping policy. They describe Norway's involvement in the case as a "test" and indicate the ruling could have "international consequences." It's too soon to know if or when the United States could get on-board.

DRM Debacles

This news comes right as Wal-Mart deals with a DRM debacle of its own. The retail giant announced Friday it was shutting down its DRM servers, meaning any music downloaded before February will no longer be transferable to external devices or other computers (without first burning it to disc and then re-ripping it). For a company with a recently adopted slogan of "Save Money, Live Better," it sure makes you wonder who's calling the shots.

A Proposal

Here's a proposal to solve it all: How about we agree to just ditch DRM across the board already, and let people who downloaded protected songs swap them out for the DRM-free equivalents? When you look at the concept outside of this limited prism, it's easy to see how silly the whole thing seems. Imagine if, a decade ago, you had to buy CDs for specific devices. Some discs would only play in Sony CD players; others would be limited to Panasonic players. We're talking about the same object and the same format. Why should it be limited to a particular brand's device?

In a time when the music industry is struggling to make money and sell songs, the notion of restrictions on digital downloads appears awfully counter-intuitive. If the goal is to drive people to illegal filesharing, it might be okay. But when the goal is to encourage legal purchasing and increase music monetization, it suddenly doesn't seem so wise. Will the industry eventually agree?

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