Let's look at the facts of the case:
Apple has a huge percentage of the online music market. I don't know any exact current numbers, but I've seen well over 70% in most cases.
Apple has a huge percentage of the hard disk based MP3 player market (the iPod). This varies widely by country, but most second place manufacturers are not even close.
Apple has a large percentage of the flash memory based MP3 player market (iPod nano and iPod shuffle.
Songs purchased on iTunes are produced to be used only on iTunes player (developed for Mac OS X and Windows) or the aforementioned iPods.
So, does this constitute a monopoly? In some ways, it can seem like that. Yet, what's at the surface is not always true underneath.
First of all, consumers have a choice of where they buy. Either you buy from iTunes and have a choice between playing the music on your computer or on an iPod or buy from a Microsoft DRM branded service and remove the iPod from your list of choices or from one of a few other choices and have an even lesser selection of players to choose from or just go buy a CD. That seems like a lot of choice to me. Still, consumers know these risks upfront. Obviously, the majority of the consumers have decided to take the risk and purchase from iTunes.
Second, an argument can certainly be made that what you want now isn't what you'll always want. For example, I've purchased thousands of software titles for my Windows machine and now that I've decided Windows sucks, I want to purchase a Macintosh. Oh, wait, I can't because I've been 'locked-in' to Windows. Or more closely tied to this case, buy an iPod and in five years Sony comes out with an awesome player and the ability to switch is non-existent, right? Wrong. The first case with Operating Systems is completely true. The second case is completely false. Any one that wants to switch can. Is it easy? Yes. Is it time consuming? Yes, again. However, no one ever stated that it had to be quick and easy. I'm not going to go into the details of how this can be done, but it can. It's quite easy to find out how on the Internet, and as far as I know the method to which I'm referring is not illegal (perhaps I will get a note from Apple stating otherwise).
So, consumers have choice. They have the ability to switch, albeit using a time consuming method. So, tell me how can this be a monopoly?
Finally, I would like to reiterate what I've said in a previous blog. Why is this French law restricted to music? Why aren't movies, books and other forms of art included? Why isn't software? Why shouldn't software manufacturers be forced to produce software for Windows, Mac OS X and Linux? Why is it Ok to be locked into an operating system, but not a music service. Why isn't Microsoft forced to developed its DRM for other operating systems too. Purchasing music from a Microsoft DRM branded service not only locks you into a player that's compatible with that technology, but also locks you into the Windows OS. Yet, no one discusses this issue. Everyone simply wants a piece of Apple. Not because they are a monopoly. Not because they are predators (as are some other software companies). Not because they are taking advantage of their market share and hurting customers. No, simply because they are on top.
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