The success of Apple’s iPod and iTunes Music Store is increasingly bringing the company into conflict with European anti-monopoly laws. The cause of the conflict is Fairplay – the digital rights management (DRM) software that Apple uses to prevent unauthorised copying of songs bought from the iTunes store.

One of the features of Fairplay is that it prevents iTunes songs from being played on any type of digital music player other than an iPod. So if an iPod owner decides to replace their iPod with a rival music player, such as the Zen player from Creative Labs (currently engaged in their own bitter legal battle with Apple) they will no longer be able to play songs that they have legitimately bought and paid for.

The French government recently introduced legislation that would force Apple – and other sellers of music downloads – to relax their DRM systems to allow users to play their music on a wider range of devices. Apple denounced the legislation as “state-sponsored piracy”, but it now looks as though the proposals will be amended before they are passed by the French senate.

However, the Norwegian Consumer Ombudsman has also entered the fray, arguing that Fairplay “prevents purchasers of iTunes music files from using other MP3 players than iPods…and to lock consumers into buying products from a dominant market player.” And here in the UK, the British Phonographic Institute (BPI) is lobbying the House of Commons to force Apple to make Fairplay compatible with rival music players.

Of course, the wheels of European beaurocracy turn slowly, and it may be many months before any of these proposals is put into action. However, the Norwegian Ombudsman’s argument is quite true – Fairplay does limit choice by forcing people to play their music on one specific type of player – so we can expect further legal challenges in the future.