iTMS: Surprising Choice-of-Law Agreement

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My colleague and friend Georg P. Krog at the Norwegian Research Center for Computers and Law, University of Oslo, points out in an inverview with the Norwegian national TV that the newly launched iTunes Music Store Norway terms of service define English law as the law that governs the relationship between Apple’s iTMS and its consumers. The same is true for iTMS Switzerland as it turns out. From a consumer perspective, this might be quite surprising news. Personally, I have some doubts that the particular choice-of-law agreement would be upheld by a Swiss court given the fact that it doesn’t seem to comply with the usual standards we apply to such clauses. In any event, I’m sure that Georg – an expert in jurisdictional issues who has also contributed to our iTunes case study – will have many more comments with regard to this choice-of-law agreement.

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