EU May Force iTunes Store To Accept Returns

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.'"

Re:Returns

[CaptainZapp]

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.

Re:Returns

[Scarblac]

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).

Re:Just one problem...

[Raphael]

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 [defectivebydesign.org].

Re:Tip ...

[Anonymous Coward]

Then say "if you decide to buy, you agree there is no return" in big bold letters. I don't know if itunes already does this (I think it does, so forgive the ignorance) but that should quash any problems.

Won't work. Even if a European consumer "agrees" to such terms the consumer will actually still have the same rights as before since regardless of whether you want to or not you cannot give up rights that you have by law. That means that only if a consumer that regrets a certain purchase decides that because he has "agreed" to such terms, he won't exercise his right to return the product (but why would a consumer that regrets a purchase do that?).

Re:You are not buying bits, you're buying enjoymen

[Mad Dog Manley]

Are you also entitled to a refund of a movie ticket if you didn't enjoy it?

Most theatres will refund your money if you leave within the first 10-15 minutes. I don't know about you, but it usually doesn't take me that long to figure out if a movie is trash.

Re:Returns

[Richard_at_work]

No, under the Distance Selling regulations the shipping charges (either way) dont have to be refunded, only the cost of the item when its returned.

Re:Misclick

[Kenshin]

Not to be harsh, but there's a Listen button there for a reason.

Re:Misclick

[Anonymous Coward]

In iTunes, you should go into your preferences, and under the "store" tab, check the box for "Buy using a shopping cart." This way, you will always have to review your purchases before you buy them (plus it's easier to buy multiple items).

An update - EFTA

[andersh]

You SO dont understand the nature of full EU membership and the simple EEA-agreement [wikipedia.org]. I am a Norwegian lawyer and I have studied this subject at Uni. If you only knew how deeply connected we are to EFTA [wikipedia.org] - and not the EU! It is in fact the EFTA countries that have the actual agreement with the EU. Norway routes everything through the EFTA system and the EFTA court where it belongs. Because the EU did not want non-members to work within their institutions. The EEA is very limited in scope compared to the full legislation for members nations of the EU. Not to mention the requirement to join the common currency.

We are not the quickest to implement EU directives any longer [e24.no] - in fact we have been slacking. The Schengen agreement is not part of the EU framework. The United Kingdom and Ireland are the only ones that are not signatories to the agreement and convention. Every other member state is now party to the agreement or in the process of ratifying it [wikipedia.org].

Re:Returns

[Tony Hoyle]

You need to read the regulations again.

http://www.oft.gov.uk/News/Press+releases/2006/133 -06.htmConsumer [oft.gov.uk]

Section 3.48:

"The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods"

Section 3.57:

"If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances."

The answer

[grimJester]

As the headline of TFA states, this is about online music sales. What is specifically about iTunes is the Norwegian case where iTunes have been accused of breaking existing law. The law is the same for Apple as for any other online music store. The Consumer Council of Norway had recieved complaints about iTunes and brought the case to the consumer ombudsman.

There are no Apple-only laws and no grand conspiracy against Apple. "because iTunes is the most popular store" actually is part of the explanation though. The Consumer Council has stated that they filed the complaint against Apple first since iTunes is largest and most popular.