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Having regard to the European Commission (EC), to respond to the question of Malta, the iTunes store the blackout, the Maltese MEP Simon Busuttil intends to add to the Commission, pushing the single market, requesting, on the other hand, simpler, if any, of the infringement in question.
Dr. Busuttil had to be noted that even though iTunes those diseases are prevalent. online music forum where many European consumers to legally buy and download music, Malta is not available to consumers. The legal hurdles, in particular local laws concerning the protection of intellectual property rights, are often mentioned in the "preventing them from offering their services in Malta, '' reasons.
To spare the man had asked whether the Commission could rely on competition law to compel them to available services in Malta, would be environments such as iTunes, and can be seen to be to enjoy a dominant position on the market for legal music files, and internet shopping.
He was also asked about the Maltese law on intellectual property, and whether this constitutes an obstacle to the EU single market for online Download environments such as iTunes uses.
In its reply, the Commission had pointed out, the previous antitrust proceedings of Apple's iTunes store in Europe, the major recording companies to respect the agreements concluded with the prohibition of agreements restricting competition excessively article had been observed.
The article, which prohibits the abuse of a dominant position, would be applied only to the Apple was found to be dominant in the first place, said the Commission.
"Even though Apple iTunes can be the most popular European online music service, it is not clear that one of the company, including Apple, has achieved a dominant position, at this stage, because the electronic access to the digitised music continues and a large number of platforms can provide comparable services."
In any case, the Commission will continue to closely monitor developments concerning the commercial practices of the European Union from Apple, competition rules, to ensure compliance.
Dr. Busuttil, responding to the second question, the Commission had said that the intellectual property rights recognized and each Member State in its territory. In this respect the laws of Malta depart from other Member States ' laws.
"Accompanied by a music download, for example, the rights of producers of the record, composers, songwriters, Singers, musicians, and similar rights are important to us in the creative industries and the employment and livelihood of creators."
In the Commission's approach, which takes full advantage of the creators and consumers the benefits of the single market should also be encouraged, these rights, licences, said.
For this reason, the Commission will present a proposal on governance and transparency, a collective licensing system by the end of this year. The proposal will contribute to creating a level playing field and environments such as the iTunes licensing rights for reliable legal framework. The Commission also seeks to promote for the benefit of European consumers multi-territory.
However, the EC pointed out that all the online services, the aim is to offer their services across borders, and other than the protection of intellectual property rights play a part in decisions.
On the basis of this reply to the Dr Busuttil intends to ask for more specific question whether the Commission considers that consumers can buy and Malta to download music from iTunes the resulting penalty and whether or not it considers this to be in breach of the single market.
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