French Law Could Force Open iTunes

By Ed Oswald | Published March 13, 2006, 5:51 PM

With Apple refusing to allow iTunes Music Store downloads to work with any music device other than the iPod, the French legislature proposed a law Thursday that would make it permissible for consumers to use software to convert digital content from a closed format.

The law's supporters said while it would still be illegal to crack digital right management-protected tracks for other uses, it would legalize conversion from one format to another. They also say the bill is aimed at forcing proprietary systems to open up.

Apple could end up shutting down its store in France as a result, say analysts. Furthermore, it could mean tracks converted out of Apple's proprietary format may make it onto file sharing sites, which worries the French music industry.

It should be noted that the law is not only directed at iTunes, but other sites operating in the country as well. Thus, those in Windows Media format would need to provide iTunes compatible tracks in order to be in compliance.

The policy comes as part of a broader French law aimed at fighting piracy and encouraging growth in the digital music business. Another amendment to the bill, which would have made P2P legal if users paid a fee, has been scrapped for the time being.

Those who download illegally would be subject to a fine of 38 euros, which increases to 150 euros if they are found to be sharing files with others. Those who make software which helps illegal file sharing could face jail sentences of up to three years and 300,000 euro fines.

The law is an effort to bring France's copyright laws in line with EU standards; both it and Spain missed the December 2002 deadline to do so. If approved by the upper house of the French legislature, the law would likely take effect in June.

Apple has refused to comment on the situation.

Comments

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One word:

Good.

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its like half the people who makes coments here does not know what there talking about. the only way aplle would be a monopoly would be if they had the only internet music store on the net and the iPod would be the only player that would be use it, while the other MP3 player's would not have an online Music store to go to. that would be one way Apple would be a monopoly.

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Wow between the French and the EU tussleing with Microsoft, those european pricks are trying to undermine American companies. I say, screw the Europeans, we don't need them. Leave them be. WE can make our own products for American people.

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As a Brit I say here here!! (Yes technically we are part of the EU)
Bloody EU screwing with things tends to lead to us brits getting dumped on in some way or another!!
We will find next week that europe has banned all mp3 players to spite apple lol

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The trouble is they are not fighting the problem, DRM.
No one is forced to buy an iPod or to use iTunes, there are loads of alternatives!
If this goes through then will we find apple having to open the software to work on pcs with windows installed.

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iTunes has always featured the ability to convert music purchased from its store from MPEG-4 AAC to Philips CD-DA (a.k.a. Red Book).

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People just dont seem to make as much noise when Apple doesnt open up. But if Microsoft doesnt open up Office format, Windows API, etc., people cry foul.

If Apple ever gets a lot bigger, only then will people realize that Microsoft isnt as bad as many people say they are.

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well it's because Steve Jobs sell us the idea owning Apple's products = COOL. Who doesn't want to be COOL?

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I hope France and the EU start effing over Apple like they've been doing to Microsoft lately. The powers that be in the EU are a joke for one, but it's not fair that Apple and MS get treated differently.

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In France, there's not a lot other than iTunes. Despite that, I tend to agree that the intent is good, but the way this law works is poor. It *should* eliminate DRM. What they are requiring is that other DRM products be interchangable. Effectively, it's not even possible.

Given the choice between Apple handing out the "keys" to convert m4p to mp3 freely, or shuttering .fr, I think they'll choose the latter.

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Let's thank the europeans for once again screwing with business.

"Until such time where I can buy music from someplace like ITunes and use it on my normal mp3 player without working around DRM and closed formats, I will stick to buying music in store or downloading it from bittorrent (the sub-par music atleast)"

Nobody forces you to buy from iTunes. There are many places that music is available. I love how you use iTunes to justify your stealing of copyrighted material. Must be french.

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Soooo True :)

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and I quote myself, "someplace like ITunes". Which in sort means, someplace like iTunes but not limitied to iTunes, sorry that confused you, to many big words or somethings?

And I use DRM to justify the stealing of copyrighted material, not iTunes or online music stores in general. If I was able to download music, and do with it as I please, use it on my MP3 player, give it to my girl-friend so she can use it on hers, etc. I would have no problem with it. Since you require an IPod to listen to stuff from iTunes, or a...what is it PlayForSure branded mp3 player to listen to the MS DRM music its not worth the effort or money.

For the record, I or my G/F own the actual CD for most of the music on my MP3 player, the stuff I do not own has been suggested to me, and I have either not purchased it, or its just not good enough to spend money on and if some came up, it would be very easy for it to disappear.

oh and not french, don't know where you got that from anyways, they are trying to fight piracy with this law. Not the best way to implement it, but it is still a step towards something better.

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Spandau Ballet!!

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anybody ??

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They are an unsuccessful monopoly. There are many companies that have a closed shop with 5% market share. They don't get attention because it's 5%. Same with Apple. Moreso because they'd like to give leeway to anyone that can compete with Microsoft.

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and they say apple is not a monopoly ... WHY ???

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Its that 4% market share in the desktop market that gets most people. People assume that a company with such a small stake in such a big market would never be a monopoly. People just don't look at their business pratices and what they are doing in other markets.

Until such time where I can buy music from someplace like ITunes and use it on my normal mp3 player without working around DRM and closed formats, I will stick to buying music in store or downloading it from bittorrent (the sub-par music atleast)

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Because they aren't. Apple offering you a service that works in conjunction only with their own products is not a monopoly.

It's not Apple's fault that its competition is brainless.

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They are. If MSFT did this boy everyone would cry monopoly. But if apple does it, it is OK. Apple is more of a monopoly then MSFT will ever be. Apple controls the software and hardware and does not allow you to buy from anyone else (locking out competition) if this is not a monopoly then MSFT is definitely not a monopoly.

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They arent, you dont have to buy an ipod or use Itunes, your wrong. Now if every MP3 player required Itunes then it would be a Monopoly. You can go to any store and buy any kind of MP3 player you want, and use MSN, YAHOO, NAPSTER, or just download them from P2P or Newsgroups. So if i where Apple Id say "Fawk off Frenchy" and not sell to them, and block my site to ALL french IP's. Sounds like freedom fries are back. The French should just stick to what they know.. wine, cheese and making terrorists feel good.

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www.allofmp3.com. They have normal mp3's, ogg, aac, wma, flac, ape and wav all without any drm. You don't even need need to download and install any software, you just download the music.

Plus you can download the entire album for under $2 in mp3 at a 192kbit/s. The way they charge is by using bandwidth, the higher the bitrate the more it is and the lower the cheaper. I download in Ogg at 4 (~128kbit/s) and the albums are about 80 to 90 cents per album... Cheaper than one song on iTunes that only plays in iPoops.

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I was not aware of that site, I am going to have to try this site out, see if its as good as you say. If it provides the range of music I want without DRM and at a good price, I just might have to start using it. I will give it a few trail runs. Thanks for the heads up.

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Microsoft controls most of the market.....a monopoly.......Apple only controls a niche market therfore not a monopoly.

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Back to your homework, maybe you can get your teacher to tell you what a monopoly is.

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I don't see how that site can be in compliance with US law (not that it needs to be, but just as a measuring stick). It must be run from another country. I don't see how the artists are being compensated either as this can't possibly be blessed by the RIAA.

In effect this is the same as downloading them for free. The fact that you are paying for them does not make it right. I guess if you don't know any better, you can feel like since you paid for it it is not wrong, but the artist that produced the music is most likely not compensated in any way.

It would be interesting to dig into this and find out what is really going on.

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