A new Green Paper on the Review of the Consumer Acquis outlining the results of a European Commission review of consumer protection laws within the EU has been published, and it may have ramifications for the online music market. One of the sticking points in Apple’s row with Norway and Sweden is the "cooling off" period mandated by Scandinavian consumer protection laws. The EC is considering whether to standardize the cooling off period across the EU and, more importantly, whether to apply it to digital goods (e.g., music).
Consumers in some European countries have the right to return items with no questions asked for a specified time period after purchase. The Norwegian Consumer Ombudsman says that Apple violates the country’s Marketing Control Act by not offering a cooling-off period for music purchases, as Apple’s terms of service have no provision for refunds.
Many other EU member countries have similar provisions in their consumer protection laws, but the details differ. 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.
The other big issue with digital music in Europe is interoperability. Apple has been criticized by many in the public and private sectors for not opening up its FairPlay DRM to competitors. Steve Jobs has famously laid out the company’s rationale for maintaining its closed ecosystem, and the company is unwilling to budge on the issue.
