Category — End User Agreements
Categories: End User Agreements
iTunes’ terms and conditions are ‘unreasonable’ under Section 9a of the Norwegian Marketing Control Act according to the country’s Consumer Ombudsman. The three main problems are: (i) the law of the contract is British law (rather than Norwegian law); (ii) Apple limits its liability for damages caused by the product; and (iii) Apple reserves the right to change the terms of the agreement, and consumers rights to the music at any time. Apple has two weeks to make changes to their click-wrap agreement. A side story seems to be that the Ombudsman may also require Apple to open its ‘Fairplay’ system and make iTunes music playable on any device.
Dale’s Comment: There is certainly nothing unique to Apple’s end user agreement here. The lesson is that online content providers cannot rely on a cookie-cutter approach to online agreements. Every jurisdiction will have its own set of laws that will apply to the sale of products to consumers.