RSSFrench Copyright Law Hits Roadblock
By Ed Oswald | Published July 31, 2006, 1:45 PM
Apple scored a victory late last week, as the French Constitutional Council ruled that parts of the so-called "iTunes law" were unconstitutional, and violated sections of the 1789 Declaration of Human Rights and constitutional law regarding protection of property. The changes, while not altering the fact that companies may still have to share DRM technology, would require they be compensated.
Fines for file sharing included in the bill were also eliminated. French Intellectual property attorneys lauded the ruling as a victory for property rights, saying companies had the right to receive some type of compensation for their work. The review was brought about when 100 lawmakers complained about the bill after its passage last month.
Laws in France are commonly vetted before the constitutional council before taking effect. The government then has the choice of whether to implement the altered law, or return it to the legislature for a revote.
What may concern Apple and other companies is the fact that the court left in place the provisions to require interoperability between digital rights management technology. While the Cupertino company would now receive compensation, it may still be required to license out iTunes' FairPlay DRM, something it vehemently opposes.
Apple has called the law equivalent to "state-sponsored piracy," and said "legal music sales will plummet just when legitimate alternatives to piracy are winning over customers."
Hrm, the other article I read on this ruling paints a rather bleaker picture.
http://www.pcworld.idg.c...;1862887152;fp;2;fpid;1
"... the text voted on June 30 allowed an exemption to the penalty for breaking DRM systems if it was done in order to develop interoperable systems, and made unauthorized file sharing a civil matter, not criminal, with a penalty of only Euro 38."
Both of those have been struck out, making file-sharing a criminal offense, and interoperating punishable by up to 6 months and Euro 30,000.
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|in addition the anti iPod law violates the French laws of Royalties and Compensation for Music and Arts.
While they are at it they should have sued Thompson for not making magnetic tape cassettes compatable with 33.3 rpm lp vynyl records!
It's also interesting that they release this now that Microsoft has announced Zune. (I'm guessing they are afraid of suing Microsoft)
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|Wow.. I never agree with the French.. At least they seem to be doing something right on this one.
iTunes is a legal monopoly. Since only apple can make a player that uses it.. M$ could NEVER get away with that even in the USA..
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|Actally thats incorrect - you can buy any player you want and use whatever service you want. Apple isnt forceing you to use an IPOD or ITUNES - you can just buy a Creative and use Napster. Its much different with windows when 99.9% of the computers out there use windows only - when you buy most computers they come pre loaded with windows and the average computer user isnt about to whipe an OS and install Linux. I disagree with all Monopoly Laws, however.
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|> Its much different with windows
really?
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|Apple has called the law equivalent to "state-sponsored piracy," and said "legal music sales will plummet just when legitimate alternatives to piracy are winning over customers."
$5 says if Zune becomes a success, that Apple blames piracy and not MS on declining sales.
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|And how will one test this?
Would not Apple simply include Zune....in addition to rampant piracy?
No point, just being difficult. They always tell ya to stick to what you're best at. ;)
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|Just making an observation on how everyone cries "piracy" when things(music, movies, software) don't sell as well as they hope. Of course, they just as easily cry "Microsoft", too. So I figure I got a 50/50 chance of keeping my $5. Which is better odd than any gambling establishment will give you.
No point, just being difficult. They always tell ya to stick to what you're best at. ;)
Ahh, I know all too well the fun in being the devil's advocate.
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|Ahh, I know all too well the fun in being the devil's advocate.
It's more fun being the Devil. ;)
Just ask Sergey or Bill.
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