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French Parliament Approves DRM Bill

French Parliament Approves DRM Bill

by , 11:55 AM EST, March 21st, 2006

France has tentatively approved its bill intended to offer protection for music and video copyright holders and to open proprietary Digital Rights Management (DRM) formats like Apple's FairPlay. The bill now moves on to the French Senate for approval, which is likely to take several weeks.

One aspect of the bill is aimed at prohibiting proprietary copy protection schemes that limit files to playing on only one brand of device. Such a clause could potentially force Apple, Sony, Microsoft, and any other company that uses its own proprietary formats to open them to competitors. The proposed law does not explicitly require companies to immediately open their formats, but does include provisions so that anyone can petition the courts to impose compliance.

The bill also includes several controls over DRM related software, and prohibits owning or using any application that can bypass copy protection. Unfortunately, the wording is vague enough that Apple's iTunes application could be considered an illegal piece of software. The FairPlay copy protection can be bypassed by burning songs purchased from the iTunes Music Store to a CD, and then re-importing them into iTunes or any other music jukebox application.

Penalties in the bill include:

  • €38 for the unauthorized downloading of a copyright-protected work.
  • €150 for sharing a copyrighted work with someone else.
  • €750 for possessing or using an application that bypasses copyright protection.
  • €3,750 for developing software or providing information about bypassing copyright protection.
  • €30,000 and 6 months in prison for distributing applications or technology that bypasses copyright protection.
  • €300,000 and up to 3 years in prison for distributing any peer to peer software which knowingly promotes piracy.

It's unclear how Apple and other companies will respond to the legislation if it passes the French Senate. Companies may go ahead and offer the specification for their DRM technology to competitors, although that seems unlikely. Developing a "French Version" and a "Rest of the World Version" of music download stores, MP3 players, and other related technologies is also an option, but seems amazingly cumbersome for companies to manage.

Pulling out of the French market is also an option, but at a potentially high price: French consumers are some of the most active of European online music purchasers.

According to the BBC, France is concerned about monopoly control over the music market. Alexander Ross, music partner at the media and technology practice, Wiggin, commented "It is an attempt to level the playing field in terms of the consumer experience."

Representatives from Apple were not available for comment.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Bosco Posts: 1002 Joined: 03 Jun 2002
Subject: Road to Paris paved with bad intentions

This is a bigger problem for the subscription services. Even the French would not be so dumb as to require Apple to make the iPod play music from those services.

Close Name:Benton Posts: 62 Joined: 07 Jan 2005
Subject: FUD

"the law has yet to be debated and approved by the Senate--a process that would not begin until at least May"

Apple will offer no comment until there is reason to act.

French congressional action will wither and not stand the scrutiny of legal review.

Close Name:Guest
Subject: Burning a CD and re-importing doesn't "bypass" Fai

"FairPlay copy protection can be bypassed by burning songs purchased from the iTunes Music Store to a CD, and then re-importing them into iTunes or any other music jukebox application."

Because this function is built-in to iTunes, it seems to me that burning a CD and re-importing it would not be considered as "bypassing" anything. Just because there is a lock on my door doesn't mean you're bypassing my "security" when I unlock my door to let you in.

It should be also noted that iTunes keeps track of how many times one burns a CD (playlist), burning and then re-importing reduces the quality of the audio, and burning anything other than a full album nullifies the ability of using Gracenote/CDDB to identify metadata/tracknames. (All major reasons for why there *should* be a way to seamlessly and legally convert from one DRM'd format to another)


rY.

Close Name:Guest
Subject: France

"Developing a "French Version" and a "Rest of the World Version" of music download stores, MP3 players, and other related technologies is also an option, but seems amazingly cumbersome for companies to manage."

That's pretty much France in a nutshell in doing business. Just look at video formats - 98% of the world is PAL or NTSC - what's France? SECAM. They don't really care if it makes it tougher for you to do business - they just like to go on their path - if you want to follow, do so - if not, buh-bye.

First, Apple can argue that since the music publishers allow their tracks to be converted to CD audio (format), their tracks are already "exchangeable" and open. If they lose that argument (as do MS, Real & their minions) ...

Apple then has two options. Either they will sell tracks without any DRM or they will simply close up the store portion of itunes. Remember, Apple only makes a couple Euro pennies on the sale of each song ... no real revenue difference there. People can still buy CD's or even MS tracks (presumably they'll stick around).

Apple can then launch some sort of kiosk ipod jukebox where you can buy tracks without wiping out your music - set them up in train stations just outside of France and in every destination spot so there's still revenue - it just takes a little more work ... you can even have marketing fun with it such as the Brussels train station contains some special extended version so if you want it - you'll have to go there.

Is the law strange, bizarre & arbritrary? Of course - that's what happens when lawmakers get together (see our Congress).

Close Name:macinnerd Posts: 1748 Joined: 15 Jun 2005
Subject:

Quote
Guest wrote:


That's pretty much France in a nutshell in doing business. Just look at video formats - 98% of the world is PAL or NTSC - what's France? SECAM. They don't really care if it makes it tougher for you to do business - they just like to go on their path - if you want to follow, do so - if not, buh-bye.


Ummm, Guest, you seem to be living in the past here. France has stopped using Secam for around a decade, and has now entirely switched to PAL (even the French found Secam stupid, and it really was).

Close Name:Guest
Subject: Hard nose bully

Let me get this straight! Apple spends its time and money to develop the technology and France want it for free, amusing! France wants to bully but they forget, the song you paid for when downloading from iTune is for that format only. If you want to play that song on other device, buy again! Its available in stores, Mr. French bozo. Stop your bullying tectics.

Close Name:Guest
Subject: Windows DRM on Mac

If this law comes into effect, then I guess Microsoft will have to enable their DRM on the Mac, i.e. a full and working copy of media player. I can't see this happening, now that they've allowed it wither and die like internet explorer on the Mac.

Close Name:Guest
Subject:

Quote
Guest wrote:
If this law comes into effect, then I guess Microsoft will have to enable their DRM on the Mac, i.e. a full and working copy of media player. I can't see this happening, now that they've allowed it wither and die like internet explorer on the Mac.


Will they? Or will Apple have to license the tech from Microsoft, or at least write their own compatibility layer for Microsoft's DRM, same goes for Microsoft? The French law proposed mentions media players? Or will Apple be just out of luck and at a distinct competitive disadvantage, since many online music stores are not Mac compatible?

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