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Wed, 14 Mar 2007 Apple won't face EU action on iTunes-iPod tie-in

A senior EU consumer chief sees no reason to act against Apple

Jonny Evans

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European regulators will not take legal action against Apple to cause it to sell music through iTunes in such a way that it can be played on any device.

EU consumer chief Meglena Kuneva yesterday said there is no reason to prosecute Apple over complaints regarding iTunes and consumer rights.

European competition and consumer watchdogs have been complaining that songs sold through iTunes can only be played on Apple's media player and its iPods.

They are annoyed because this means consumers cannot play their music on whatever device they choose.

According to Reuters, Kuneva told a news conference yesterday: "I would like, really, to start this debate. What is best to develop this market and to have more consumers enjoying this really very important, very modern way of downloading and enjoying the music?"

Her remarks follow a recent German magazine report, in which Kuneva compared CDs, which play on all CD players, and songs sold through iTunes, which only play on an iPod. "Something has to change," she said.

Kuneva also confirmed that European Competition Commissioner Neelie Kroes has found no reason to take legal action against Apple on allegations that the company is illegally forcing market development with its refusal to license its FairPlay DRM, in order that iTunes purchase play on third-party devices.

On an individual basis, some countries are banding together to attempt to persuade Apple to liberalise its DRM. These countries include Germany, France, Finland and Norway.

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