EU Will Not Pursue Apple Over iTunes DRM


In a major turnaround, the EU's Commissioner for Consumer Affairs - who, only days ago - lambasted Apple's 'closed' DRM has confirmed EU regulators will not pursue Apple over the issue, Macworld UK reports.

Consumer Affairs Commissioner Meglena Kuneva confirmed at the EU's Competition Directorate-General, the organization's anti-trust body, has found no legal basis for the prosecution of Apple in relation to its refusal to license its DRM scheme used with iTunes.

Analysis: Clearly, Kuneva has been pulled into line by the competition authorities. This statement has major implications. It means even if France and Germany, or any other EU countries, decide to pursue Apple over Fairplay, Apple could bring a case - and win, most likely - before the European Court of Justice (ECJ), whose rulings have direct effect in member countries of the EU and override national competition laws. Any decision from the ECJ or Commission could also affect how Norway decides to pursue the DRM issue, despite the fact it is not a member of the EU. However, Norway is a signatory to the European Economic Area agreement, which compels Norway to abide by the majority of the internal market regulations of the EU.