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Apple Sued in France for iPod Music Royalties

alex_guy_CA writes "A musicians rights group in France is suing Apple Computer for back royalties due from iPod sales. It seems in France, all CDs, hard drives, and the like owe musicians money in case any of it is used for piracy. Only Apple isn't paying up." I want compensation from sales of Microsoft Windows just in case it is used for spreading viruses.

134 of 818 comments (clear)

  1. We're #2! by monstroyer · · Score: 5, Informative

    This does not bode well for Apple. As a Canadian I know we have the "Blank CD-R Tax", which is comparable to the French tax. There are at least 25 other countries that have similar taxes.

    If this French musicians rights group wins their case, this could set a precedent for other countries with comparable laws to sue as well.

    As a musician, i feel embarrassed about this lawsuit.

    On another note, cue the anti-french sentiment from a post-terror american centric peanut gallery... But at least this gives hope that the USA isn't the most litigious country in the world. Maybe you aren't #1 in everything after all. ;)

    1. Re:We're #2! by Anonymous Coward · · Score: 5, Interesting

      Ahh see but in France they're not actually paying the tax while in Canada they are. I sure paid my $25 extra for my iPod last month and they clearly label that (bright red letters...yup).

    2. Re:We're #2! by notque · · Score: 5, Funny

      On another note, cue the anti-french sentiment from a post-terror american centric peanut gallery...

      Hey! Don't try to tie in anti-french sentiment, and post-terror americans!

      Allow me to hate the french without any other connected properties you insensitive clod!

      --
      http://use.perl.org
    3. Re:We're #2! by Serapth · · Score: 5, Informative

      Actually, it isnt just CDR's that get this tax in Canada... its almost all storage devices. DVD, mp3 players and I believe there was a stink a little while back about hard drives but im not sure where that one ended, all pay a small tax to the RIAA ( well, the Canadian equivalent ). I believe Australia and Britain pay very similar fee's. In the end, I cant see why France would be much different.

      The only issue I could think of, is if there is a double tax on the players... Such that if Apple is already paying a small tax for each drive they put in the iPod, then the retail sale shouldnt be taxed again. I doubt this is the case though.

      That said... I do think these taxes are BS. Its sorta like charging a tax for a blank piece of paper, because I could use it to plagerism someones work... Hmmm... maybe the should tax the pencil too... etc... etc... etc... Taxing something, for one potential use... of which that use is generally illegal is complete crap. Oh well, just another point of why MPAA's lobbying efforts are so effective.

    4. Re:We're #2! by Pope · · Score: 4, Interesting

      It's not a tax, it's a levy. Totally different thing in the eyes of the law.

      The only issue I could think of, is if there is a double tax on the players... Such that if Apple is already paying a small tax for each drive they put in the iPod, then the retail sale shouldnt be taxed again. I doubt this is the case though.

      The levy is added in to the retail price of the product. If I see CD-Rs for sale at $25, when I go to pay there's no extra levy added to that price, but there are the applicable sales taxes. It's not as bad as what you are assuming, though I'd rather not pay the levy to begin with.

      --
      It doesn't mean much now, it's built for the future.
    5. Re:We're #2! by Serapth · · Score: 3, Interesting

      [i]The levy is added in to the retail price of the product. If I see CD-Rs for sale at $25, when I go to pay there's no extra levy added to that price, but there are the applicable sales taxes. It's not as bad as what you are assuming, though I'd rather not pay the levy to begin with. Pope [/i]

      I agree about the tax vs levy point... I just chose to use "tax", as thats what the parent thread and origional posting itself used. Nothing like being wrong for the sake of consistancy! :)

      Are you sure the levy is applied at the retail level? If thats the case, it would the responsibility of each and every vender ( the BestBuys and RadioShacks of the world ) to collect and send the monies in. That would seem a terribly inefficent way to handle it. That is why I had assumed it would be at the manufacturers level that the levy got applied... or failing that, at the distributer level.

      I honestly dont know where it is though... im not refuting what you said, im just looking for clarification.

    6. Re:We're #2! by radish · · Score: 5, Informative

      Maybe the case in Canada, but in France (and the UK, also mentioned) all taxes/levies/whatever else are always included in the advertised price. In other words, the price tag says 50 euros, you pay 50 euros. How that is divided up between government, retailer, manufacturer etc is another matter.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    7. Re:We're #2! by CKW · · Score: 5, Informative

      Actually, it isnt just CDR's that get this tax in Canada... its almost all storage devices. DVD, mp3 players

      NOT TRUE.

      They *were* considering it for flash memory and PORTABLE hard drives (no one was proposing it for hard drives in general) as well as vastly increased levies for everything else, but those got shot down as they decided that "there is no evidence that music distribution is happening via these mediums" - aka simply the fact that people are listening to their own collections of music on their own CF/micro-HDD are NOT sufficient to incur a levy - the standard is "are people putting music on it and sharing those with friends". As well there are tons of "non infringing uses" of things like CF which probably also weighed on their minds.

      So there is now a levy on portable devices with non-removable storage, but it's no where near as much as the industry wanted.

      Following is the *complete* list of tarrifs, taken from http://www.sycorp.com/levy/index.htm, all numbers below in Canadian currency:

      21 cents per CDR/CDRW
      29 cents per cassette tape over 40 minutes
      portable music devices with less than 1 GB NON REMOVABLE memory - $2
      portable music devices with less than 10 GB NON REMOVABLE memory - $15
      portable music devices with more than 10 GB NON REMOVABLE memory - $25

      EVERYTHING ELSE - NO LEVY (that includes DVD R/RWs, removable CF/HDDs, and devices that don't include built in persistent memory).

      The retailers are the ones who collect and submit the levies, I don't think the manufacturers have to do anything. So there won't be lawsuits like this here - besides, no-one has as screwy laws and lawsuits as do the French :-)

    8. Re:We're #2! by mog007 · · Score: 2, Interesting

      Wouldn't Apple be double taxed only if they bought the and assembled the iPod in France? France can't fine Apple for buying harddrives if they buy them from Taiwan, assemble them in Japan, and then ship them to France, they can only tax the imported goods.

    9. Re:We're #2! by Annirak · · Score: 3, Informative
      You're a little off here. It would be a breach of the canadian charter of rights and freedoms to *tax* the sales of blank media on the off chance that the media might be used for an illegal use. That's like convicting anyone who ever buys blank media of a crime without any trial of any sort, which is illegal in our country and most other western countries.

      The relevant portion of the copyright act (sections 79-82 are of note for this discussion) describes the way that the tarrif works. What it ammounts to is that in Canada, it is legal to copy

      (a) a musical work embodied in a sound recording,

      (b) a performer's performance of a musical work embodied in a sound recording, or

      (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied
      for personal use. However, with this concession against typical copyright law, comes a price. You have to pay a small tarrif on blank "audio recording media".

      The tarrif information can be found here.
    10. Re:We're #2! by Lars+T. · · Score: 2, Insightful

      One lawsuit against a company vs. dozens against people who may have used a P2P app - and you think the US lost the #1 spot in "being litigious"? That propels the US right at the top rank in "making up stupid excuses why we are not so bad after all".

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    11. Re:We're #2! by Serapth · · Score: 3, Interesting

      Thanks for the clarification... that does lead me to a question then...

      If the retailers ar the ones who collect the levies, would that mean buying levied media from Costco or Sams would remove the levy? Seeing as the entire ( orginal ) intention of these stores was to be a supplier to other retail stores and government employees?

      In other words... If I own a small electronics store, and I source my cdr's from priceclub, since they are going to be resold... the levy should fall to me to collect?

    12. Re:We're #2! by Anonymous Coward · · Score: 5, Funny

      But at least that $25 was Canadian...

    13. Re:We're #2! by TheTomcat · · Score: 2, Informative

      Dude, this is Canada.
      We's USED to double taxation.

      Say, for instance that I buy a $100 item.
      I get to the register, the total comes to $115.03 (because I'm in Quebec).
      Why? Because there's GST and PST. GST is 7%, PST is 7.5%. Ok, so you're thinking GST is $7 and PST is $7.50 -- where'd the other 53 cents come from? Allow me to enlighten you.

      In Quebec, the total is calculated as: (price + GST) + PST = total. Yes, that's right. Compound taxation.

      Most other provinces charge the PST first, and the GST is the compound percentage of the previous total (ie; (price + PST) + GST = total ). Some provinces (Alberta, IIRC -- oil) don't even HAVE PST, and when the GST was introduced (1991, I believe -- Mulroney govt.), the citizens of AB had to start paying sales taxes for the first time.

      The Atlantic provinces, however, have HST, which is a "flat 15%".. which sounds like a good deal, because the former PST in New Brunswick was 11% (yes, 11% + 7% on taxable items!), but items like books were only taxed at a GST rate, and no PST was charged. Now, pretty much everything (except food -- unless it's convenience food) is taxed at 15% in NB.

      PST - Provincial Sales Tax
      GST - Goods & Services Tax (Federal)
      HST - Harmonized Sales Tax (weird formula to compact PST + GST into one easy-to-calculate tax).

      Anyway.. SOMEONE'S got to fund our beloved beaurocracy, right?

      Alright.. this is way off topic.
      *checks the No Karma Bonus checkbox*

      S

    14. Re:We're #2! by Ironsides · · Score: 3, Funny

      I object! I say that the United States has more screwy laws than any other place in the world. Just take a look at our stupid sex laws that are still on the books. Then there are the laws about where you can park your elephant and how big of a strap you can beat your wife with.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    15. Re:We're #2! by Anonymous Coward · · Score: 5, Insightful

      So it seems to me that you've already paid the artists... time to fire up kazaa and pirate stuff like mad! erm, download the stuff you paid for.

    16. Re:We're #2! by Brandybuck · · Score: 2, Funny

      Most European nations have hated France as policy for decades if not centuries. It's the national pastime in Britain and Germany. But just let the US make a joke about freedom fries, and suddenly it's "go away and find your own moron to pick on, this one is ours."

      --
      Don't blame me, I didn't vote for either of them!
    17. Re:We're #2! by russotto · · Score: 4, Insightful

      The Canada levy still only applies to a recording medium on which no sounds have ever been fixed. So why isn't Apple just putting some sounds on the iPods to begin with? Some sort of back-room deal to avoid additional legislation closing that loophole?

    18. Re:We're #2! by MrYotsuya · · Score: 2, Offtopic

      That's pretty funny, seeing as the US Dollar is now trading at roughly the same exchange with the Euro as the Canadian dollar is to the US Dollar.

      This "weak dollar" policy of the Bush administration is likely what's drving the economy at the moment, not the silly tax cuts to the rich.

    19. Re:We're #2! by kikta · · Score: 4, Insightful

      The tax isn't meant to pay the artists, it's meant to cover the cost of your fair use rights.

      If I have to pay for it, it is hardly a right.

    20. Re:We're #2! by notque · · Score: 2, Funny

      I like your clever and subtle use of the apostrophe.

      The real irony stands from the fact that I have "Bob's Quick Guide to the Apostrophe, you Idiots" on my cubicle wall.

      --
      http://use.perl.org
    21. Re:We're #2! by Cryogenes · · Score: 4, Insightful
      The parent has been modded +5 and I am going to modded to hell for this, but as a German I cannot let this stand.


      Germany does not hate France and the French are not targets of our jokes except some good-natured ones on their accent when they try to speak german. The British do not hate France either, though they are wary of the Berlin-Paris axis. On the other hand, the french "jokes" from right-wing America were calculated propaganda, no better than the jewish "jokes" told in Hitler Germany. France is a proud nation. It will take time to forgive.

    22. Re:We're #2! by avgjoe62 · · Score: 2, Insightful
      The tax isn't meant to pay the artists, it's meant to cover the cost of your fair use rights.

      And what exactly is the cost to the artist of my fair use rights? I already paid for my copy of their artistry. If I want to copy that onto a blank CD so that I don't bake the one I paid for in my car, what is the cost to them? If I want to copy it onto my iPod so that I don't have to lug around my stereo and CD collection, how does that hurt the artist? The artists have already been compensated for the copy I listen to.

      If this tax were on VHS tapes, does that mean that actors, direcotors, writers and set decorators should receive additional compensation from every blank tape sold? Is there a tax on every copier sold to support authors that have their works copied?

      All this tax is is a penalty apllied to honest people to cover the costs to copyright holders of dishonest people.

      --

      How come Slashdot never gets Slashdotted?

    23. Re:We're #2! by gumbi+west · · Score: 2, Insightful
      Good point, if you paid for it, does that count as fair use then?

      I have to say that if we had that law here I think it would encourage me to start pirating music since I would be paying for it anyway....

    24. Re:We're #2! by PapayaSF · · Score: 3, Interesting

      That could work. Back in the '70s, there was a small Japanese pickup that was sold in the U.S. with a pair of rear-facing, plastic seats in the bed. With those, it became a "car" instead of a "truck," and avoided the tariff on imported trucks.

      --
      Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    25. Re:We're #2! by lommer · · Score: 2, Interesting

      Well, actually, it does. I can legally go and download as much music as I want and listen to it and it's perfectly legal. If you want proof, go the the Canadian Justice site and read section 80 of the Copyright Act, it explicitly states this.

      There is a catch however - you can't redistribute what you don't own, so if you're sharing files on kazaa (or anything else) that you don't own personally, you can get sued.

      Man I love being Canadian - it gives me an excuse to be a leech! :-)

  2. What a law... by LostCluster · · Score: 4, Insightful

    Well, it's the law, fair or unfair Apple needs to pay up. Of course, when artists start getting payment from legal users that presume compensation for when the devices are used for piracy, they're more or less waiving their moral claim to any damages for piracy since they've already been paid for that.

    1. Re:What a law... by Short+Circuit · · Score: 3, Interesting

      So, here's an easy (if not cheap) solution.

      Pay up, then stop selling. Refuse to sell so long as that law is in place.

      Apple's got the kind of fan base that might make that tactic popular.

    2. Re:What a law... by System.out.println() · · Score: 5, Insightful

      Are you serious?

      If Apple loses that means that EVERY hard drive that could potentially hold and play illegal music files - which by my calculations is all of them - is fair game for such a tax.

      Not only that, but the iPod is probably the stupidest player to start on - AFAIK it's almost the only player capable of playing LEGAL songs. (via iTMS) ("Almost", because I'm not sure of the status of the iPod clones like the Napster player)

      Why not start with something that is physically unable to play legally downloaded files?

    3. Re:What a law... by kcornia · · Score: 5, Funny

      Of course, when artists start getting payment from legal users that presume compensation for when the devices are used for piracy, they're more or less waiving their moral claim to any damages for piracy since they've already been paid for that.

      Pretty funny how this is always overlooked.

      I couldn't agree more, I think I'll go download some music this afternoon. I mean, I already paid for it when I bought my 2 HDs, my Rio, my CD burner, my blank CDRs, etc.

    4. Re:What a law... by fiendo · · Score: 2, Insightful
      AFAIK it's almost the only player capable of playing LEGAL songs. (via iTMS)

      Why do you make the assumption that the only legal way to play music is to use iTMS? I buy a cd, I rip it to my harddrive, I convert it to mp3s, I transfer the mp3s to just about any portable player (Rio, Archos, et al) and its all legal. No encryption was circumvented, so no DMCA violation--its all fair use.

      --
      I went to the city because I wished to live without deliberation.
    5. Re:What a law... by paranode · · Score: 5, Insightful

      Well, it's the law, fair or unfair Apple needs to pay up.

      Excellent. So we've just settled a lot of debates like gay marriage, the Patriot Act, DMCA, etc, etc.

      After all, the law is the law.

    6. Re:What a law... by RailGunner · · Score: 4, Insightful
      I completely agree with your point about having already paid via the tax on your equipment, but there is one minor flaw - there's no way to ensure proper reimbursement for the artists - there's no way Britney Spears or Justim Timberlake or any of their clones should get compensated for a person buying a CD-R and burning an act with talent onto the disk.

      And as far as hating the French? We American's have disliked the French for *years*. They're rude to our tourists, they maybe bathe once a year, they piss and moan about the dominance of English on the internet, (since to them, French is an obviosly superior language), and then they call US arrogant?

    7. Re:What a law... by radish · · Score: 4, Insightful

      Wow. No other mp3 players can play legal tunes? Someone tell the press. Puuurlease. My 20gb Rio Karma is stuffed full of completely legal music, ripped from my own CDs.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    8. Re:What a law... by Stile+65 · · Score: 4, Funny

      I think, actually, Microsoft could do something like that.

      "You people are pissed off at us and our 'monopoly?' Fine. You can't have any more Windows. What's more, we're firing all our software engineers, sales and marketing professionals, secretaries, etc. and cashing out our stock."

      The US would shit its pants, as would the EU. That'd be thousands of jobs lost, support ended, etc. etc.

      I'd be amused.

      --
      I claim first use of "Error No. 0B" - or "No. 0B error." It'll be the new ID 10T!
    9. Re:What a law... by Planesdragon · · Score: 4, Interesting

      The US would shit its pants, as would the EU. That'd be thousands of jobs lost, support ended, etc. etc.

      Three terms:

      * Apple
      * Linux
      * Emminent Domain.

      If MS folds all of a sudden, people can switch to Apple with new hardware, switch to Linux for extant hardware--or the government can just declare emminent domain, and start a new company with the rights to windows. (It'd probably be a stock market purchase, with the money from the stock going right to the "fair price" for MS.)

    10. Re:What a law... by Night+Goat · · Score: 2, Insightful

      If you read further down, he clarifies this statement to mean legally downloaded. Re-read the comment.

    11. Re:What a law... by Stile+65 · · Score: 2, Interesting

      Yep. It's the Atlas Shrugged failure method. :)

      "Who is Bill Gates?"

      --
      I claim first use of "Error No. 0B" - or "No. 0B error." It'll be the new ID 10T!
    12. Re:What a law... by fiendo · · Score: 2, Insightful

      Ok, thanks for poiting that out. I still disagree though that even music downloaded is by definition illegal. I've seen plenty of struggling artists (and even some not so struggling) give away their music through downloads. These are completely legal and will play quite nicely on portable mp3 players of all flavors.

      I concede that most music downloaded is not obtained legally, but we need to keep in mind the quite legal minority as well.

      --
      I went to the city because I wished to live without deliberation.
    13. Re:What a law... by NormalVisual · · Score: 2, Informative

      When I was there, everyone was more than kind to me, and I don't speak a word of French, the subways weren't the most pleasant smelling place I've ever been, but no worse than New York.

      Ditto. I visited Paris last year, and with the exception of the customs agent checking passports at Gare Du Nord, people were not noticeably different towards me than anywhere else I've been. Having said that, I found that people in London were noticeably friendlier than folks here in the U.S.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  3. no suits from the suits? by thf · · Score: 5, Interesting

    "It seems in France, all CDs, hard drives, and the like owe musicians money in case any of it is used for piracy."

    Does that mean that organizations like the RIAA are prohibited from suing music downloaders because the musicians have already been paid by the state (perhaps through some industry group), or is this just a tax?

    1. Re:no suits from the suits? by shark72 · · Score: 2, Informative

      "Does that mean that organizations like the RIAA are prohibited from suing music downloaders because the musicians have already been paid by the state (perhaps through some industry group), or is this just a tax?"

      Doubtful. France is a signatory to the Berne Convention and enforces copyright law about as well as any other industrialized country. Such a tariff wouldn't mean throwing out copyright law. Whether French law allows the IFPI (the European equivalent of the RIAA) to sue its citizens for copyright violation is a totally separate question.

      By the way, a similar situation exists in the United States. Our taxes go to law enforcement and otherwise help pay for the wrongdoings of others, but the fact that, say, part of our taxes pay for our state's highway patrol doesn't allow us to ignore traffic laws with impunity.

      --
      Sitting in my day care, the art is decopainted.
  4. I don't agree with the law by Space+cowboy · · Score: 3, Insightful

    ... but it seems a pretty clear-cut infringement, given that the law exists. Perhaps Apple want to make a stand - can't see a USA company getting much sympathy in France though...

    Oh if only the virus line were true ... sigh...

    Simon.

    --
    Physicists get Hadrons!
    1. Re:I don't agree with the law by dave420 · · Score: 5, Interesting
      "can't see a USA company getting much sympathy in France"

      Not all countries work the same way as the US. European countries know about international diplomacy and don't take everything personally. Prime example: When bird flu was found in Delaware and the EU banned imports of US poultry due to safety concerns, the US "retaliated" and banned certain European imports. How on earth you can retaliate over a safety matter is beyond me. Is Europe supposed to import the infected chicken so they don't upset the US?

      This isn't a dig at Americans or the US, but rather the seemingly childish attitude the US has towards international relations. It seems the US is only prepared to use its "big boy voice" when it wants something, and as soon as it has it, it's back to "little boy voice" complete with huffs and pouting. Go figure.

    2. Re:I don't agree with the law by LostCluster · · Score: 3, Insightful

      The problem is that Europe is starting to develop a hare-trigger for banning US imports. Afterall, bird flu in one US state does not equate to bird flu being found from coast-to-coast. It'd be the equal of us declaring because a problem was found in Spain that we'd cut off imports of that item for all of Europe... the other countries would have a problem with that.

      See, the EU is walking a fine line between being "The United States of Europe" and being distinct nations. When it's desirable to be many nations, like at the UN, they don't want to give up their individual seats, but they also don't want the USA sending enough people to fill 50 seats either. However, when its desirable to only be counted once, they insist on doing so as well.

      The EU's a rather new entity on the world stage and therefore nobody's sure exactly what to do with it yet. The EU is of course looking for advantages wherever possible...

    3. Re:I don't agree with the law by innocent_white_lamb · · Score: 3, Interesting

      The problem is that Europe is starting to develop a hare-trigger for banning US imports. Afterall, bird flu in one US state does not equate to bird flu being found from coast-to-coast. It'd be the equal of us declaring because a problem was found in Spain that we'd cut off imports of that item for all of Europe... the other countries would have a problem with that.

      And when the USA bans all imports of Canadian beef due to one single case of Mad Cow on the Canadian prairies, this is different how?

      --
      If you're a zombie and you know it, bite your friend!
  5. Come on guys... by funny-jack · · Score: 5, Funny

    Q: Can the editors at /. let even one story go by without taking a pot-shot at Microsoft?

    I want compensation from sales of Microsoft Windows just in case it is used for spreading viruses.

    A: Apparantly not.

    --
    You probably shouldn't click this.
    1. Re:Come on guys... by inteller · · Score: 2

      let me put in my obligatory show of support for the parent. This story is about Apple. The Windows thing is a stretch and has NOTHING to do with the story. You crack pot hacks who call yourselves editors need to keep your comments to yourselves instead of constantly appeasing the fanboys.

      Not a flame, just the motherfucking truth.

    2. Re:Come on guys... by Dan667 · · Score: 3, Insightful

      Actually that is not a bad analogy. Everyone pays when a Micr0$oft virus is successful, but if the company that produces the item is to be held responsible for it when it is used badly then Micr0$oft should be bearing the financial burdern of a successful virus. Still, I would vote for a no to Apple IPod tax, and a no to a Microsoft tax for that matter. To bad things are not more consistent.

    3. Re:Come on guys... by morcheeba · · Score: 4, Funny

      Nope, pudge is just saying that the viruses that he wrote are being illegally copied without his permission, and that he wants to be compensated. I don't know what his going rate is per virus, but since I haven't seen one GPL'ed yet, I'm sure people don't write them for free.

    4. Re:Come on guys... by FaasNat · · Score: 4, Insightful

      Next Q: Can the commenters at /. let even one pot-shot at Microsoft go without taking a pot-shot at the editors?

      --
      There's never enough when you have too little
    5. Re:Come on guys... by Neophytus · · Score: 2, Insightful

      That's actually a pot shot at the French government's asinine law rather than at Microsoft. Nobody can deny that most viruses are written for Windows.

    6. Re:Come on guys... by b0r0din · · Score: 2, Insightful

      "...if the company that produces the item is to be held responsible for it when it is used badly then Micr0$oft should be bearing the financial burdern of a successful virus."

      Now I'm not a big Microsoft fan, nor do I find it amusing that every other day I get another email from someone carrying the Netsky virus. But it's an awful precedent to set to put the financial burden on the people who build an operating system to protect against every known virus. The reason Microsoft's OS is hit more than any other is more because Microsoft has a much larger share and is better known by hackers; one can infect many many more computers that way. OS companies, Linux included, would then spend most of their time fighting off the hacking attempts from their competitors who build viruses with the sole purpose of getting them in legal trouble...it just opens a whole can of worms up. Keep in mind that Linux and MacOS and every other OS out there has vulnerabilities too, they just don't get nearly as much attention.

  6. This is why you hire lawyers. by Kenja · · Score: 4, Insightful

    There are some strange and restive laws out there. You should never just release a product and hope for the best. Especially something that makes money of off copywriten material. While you and I may disagree with the law, its still the law in france and Apple needed to have abided by it.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:This is why you hire lawyers. by ehiris · · Score: 4, Insightful

      "makes money of off copywriten material"

      Apple gives you the web site where you can go and buy the music and its copyright. If you choose to steal the music it's you who are a criminal and not everybody else who uses the devices with legitmate reasons.

      The law in France is dumb. Everyone pays for the ones that steal. It is a perfect example on how socialism is trying to fix society as a whole instead of the individuals who are detrimental to it.

      GO APPLE! I hope they win the battle and don't have to pay.

  7. Who's debt is it anyway? by LostCluster · · Score: 4, Insightful

    One thing's that a bit unclear to me is who actually owes this money. Is it really Apple's responsiblity as the maker of the devices, or shouldn't it be the store's since they're the one who set the actual selling price?

    Afterall, if the tax is due based on the sale price, any discounts would lower that price.

    1. Re:Who's debt is it anyway? by Kenja · · Score: 5, Informative

      Apple sets the selling price. Thats why every place that sells apples stuff does so at the same price. They can give you bonus deals, but the base price is fixed or you lose your apple reseller license. This is also what put all the third party apple stores out of business since they where forbiden from selling for less then the apple owned stores. Because of this, most apple products are purchased direct from apple and those that are not have their prices set by apple.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Who's debt is it anyway? by velo_mike · · Score: 2, Informative
      shouldn't it be the store's since they're the one who set the actual selling price?

      Doesn't apply in France since, as in much of the EU, prices are fixed by the govt at MSRP in the name of "price parity". True advertised sales are allowed twice per year (3 weeks in each august and feb) and things are occasionally marked down but it's truly rare.

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    3. Re:Who's debt is it anyway? by ducman · · Score: 2, Interesting

      Everthing about that statement is just plain wrong. Of course a company can set a price for its products! Companies have always set "suggested retail prices." Apple just has contracts with its resellers that prohibit them from selling their products at less than the price Apple sets.

      Illegal price fixing is when multiple companies cooperate to artificially raise the price of a whole class of product, thereby establishing a virtual monopoly. Since there are lots of other portable music players in the market, and Apple's not cooperating with any of them to affect the market, they're not doing anything illegal.

      If the resellers don't like Apple's terms, they just don't have to sell Apple's products. If they want to sell iPods, they have to sell them at Apple's price.

      That's the stick. The carrot is that the margins on Apple's products are actually BETTER than resellers get for competing products, which makes them willing to live with Apple's terms.

      --
      "We have nothing in common, your attitude annoys me, and your political views are appalling."
    4. Re:Who's debt is it anyway? by mosb1000 · · Score: 2, Insightful

      Of course, that is only the American version of illegal price fixing. I know that a couple years ago in Japan, Apple was sued because they won't allow you to be an Apple Authorized Reseller unless you sell at or above the MSRP. I don't recall how that lawsuit ended, but I'm pretty sure Apple still does things the same way over there.

      Also the above post which implied that apple has been doing this to make it's resellers stop selling Apple products is not true. Apple does this to maintain their high quality product image. They want retailers to sell computers by making them look good and promoting their benefits over PC's, rather than selling them at a lower price. Because of the way Apple does business, it doesn't make sense to try to sell computers at a low price point. Due to their higher development costs, Apple computers can NEVER beat PC's at the price game. This means that apple must beat them at the quality and user experience game.

      This is why apple has been starting up its own retail chain and trying to get retailers to do the whole "store within a store" thing. They need to play up the quality and usability of their products in order to get sales. Simply slapping a lower price on them will not make them sell.

  8. What if? by tsmit · · Score: 5, Funny

    What if we call it a Freedom iPod.... Will that help?

    --
    Yes, my girlfriend is a BitchX
  9. They haven't actually SUED. by Politicus · · Score: 4, Informative

    They're only threatening to sue. It's the difference between french farmers being disgruntled and actually pouring manure on street intersections.

    --
    Politicus
    1. Re:They haven't actually SUED. by RLW · · Score: 3, Funny

      I thought the french farmers did that for fun.

  10. What Apple should do: by John+Harrison · · Score: 3, Insightful
    Pay the fee, and then remove all the DRM from iPods sold in France and from iTunes musice store downloads made in France.

    That will show them!

    Seriously, Apple has made an effort to prevent piracy and that should be taken into consideration by Sacem.

    1. Re:What Apple should do: by Fulkkari · · Score: 4, Informative

      What iPod DRM? What iTunes music store downloads?

      Since when has Apple been offering music downloads outside the US? I'm still getting a warning about that you need an US billing address.

      --
      I demand the Cone of Silence!
  11. How much music have I bought?? by Anonymous Coward · · Score: 5, Insightful

    If I pay the tax, how much music am I entitled to pirate?

    1. Re:How much music have I bought?? by gosand · · Score: 4, Insightful
      If I pay the tax, how much music am I entitled to pirate?

      As much as will fit onto said device.

      --

      My beliefs do not require that you agree with them.

    2. Re:How much music have I bought?? by bfg9000 · · Score: 2, Interesting

      As much as can fit on the device, of course.

      Though the RIAA-types will seek extra damages "over and above" the tax if they catch you and they win in court.

      Also, I know that the RIAA and other RIAA-type groups from other countries are in regular contact. What are the chances they jointly decided to try these laws out in "testbed" countries, ones who have more liberal-leaning governments, thus creating a world precedent for when the RIAA approaches the US Government?

      Just a thought -- it's not a conspiracy, it's business. That's how it's done. Coordination and strategy.

      --

      I'm not normally an irrational zealous dickhead, but I figure "When in Rome..."

  12. double edged sword by morcheeba · · Score: 2, Interesting

    ...Sacem said that unless Apple settles its growing account, the agency that collects the payments "will have no other option than to go immediately to court to make sure that the rights of artists, composers and producers are respected.

    Sacem is playing the "starving artist" card, but they did it poorly. They said they wanted artists' rights protected, but if they really meant this, they should go after actual copyright infringers. They really just want money, which doesn't have much to do with rights.

  13. huh? by Savatte · · Score: 2, Interesting

    I want compensation from sales of Microsoft Windows just in case it is used for spreading viruses.

    I know slashdot editors like to add their own comments to submitted stories, but this makes no sense. Are you saying that as a virus writer, you should be entitled to some of the profits that Microsoft is making off of viruses?

  14. Humm, slightly inaccurate here too. by GMontag · · Score: 5, Interesting
    The deal is not It seems in France, all CDs, hard drives, and the like owe musicians money in case any of it is used for piracy. The deal is stated in paragraph two:

    The argument centers on a fee levied in France on sales of blank CDs, tapes, hard disks and other hardware that can be used to copy music. The proceeds go to musicians and other rights holders who lose money to piracy.


    Even that sounds like a reach. Their system is like that used in other nations where there is a fee on media that goes to artists no matter if their work is illegally copied or not.

    The question that the article does not answer is if all/any HDD manufacturers pay the fee already. Guess what? If the fee was already paid by the manufacturer then Appled paid the fee already when they bought the drives. Not saying that is the case, but it is something to think about. Also, if no HDD manufacturer pays this fee then the threat is just as stupid as it sounds on the surface.
    1. Re:Humm, slightly inaccurate here too. by happyfrogcow · · Score: 5, Insightful

      The big question is, how do I become an artist that is entitled to get this money? Do I have to be under contract of a certain recording/distribution company? Do I have to have proof that someone has illegally copied my music? Do all artists get the same amount? Do some get none? Are there any non-artists reaping the benefits of this tax? if so, why?

      This ranks right up there as one of the most assinine laws around, not just france's implementation, but every other country that has such a law.

    2. Re:Humm, slightly inaccurate here too. by irix · · Score: 4, Informative

      In Canada, the money is theoretically doled out in proportion to album sales. However, if you read this you'll notice that:

      Since the regime was established in December 1999, the CPCC has collected over $54 million in levies. According to an article in the Globe and Mail on February 26, 2003, only $6.8 million has been dispersed to copyright holders to date.

      My understanding is you also have to be the copyright holder to get the money, which is not many musicians. In other words, both consumers and musicians are being fleeced by this inane law, and the only people making money are record companies and Celine Dion.

      This is sadly just another example of influence peddling and corruption with our current government.

      --

      Do you even know anything about perl? -- AC Replying to Tom Christiansen post.
    3. Re:Humm, slightly inaccurate here too. by shark72 · · Score: 2, Informative

      "My understanding is you also have to be the copyright holder to get the money, which is not many musicians."

      First, let's clarify that there's a distinct difference between the copyright on a recording (which is typically held by the record company and/or the engineer) and the copyright on the music and lyrics, which is held by the lyricist and composer.

      That would indeed suck if the Canadian tariff goes only to holders of the copyright on the recording. Here in the United States -- although many Slashdotters believe otherwise -- our blank CD-R tariff goes largely to musicians, lyricists and composers (some goes to record companies, but none of it goes directly to the RIAA). Part of it goes to the union representing session musicians, background vocalists, etc., so as a musician, you can benefit from the tariff even if you didn't write the words or compose the tune.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Humm, slightly inaccurate here too. by irix · · Score: 2, Interesting

      I checked, and here are the details for Canada. It appears that you are partially correct - the authors should get most of the money, with a bit going to the performer and the record company.

      It still doesn't change the fact that because it is based on sales and airplay that the money is going to be given to a few people and some record companies. It is worth noting that even non-Canadian authors are getting paid by this system - at least what small amount of the money is actually being paid out.

      Now excuse my while I pay $0.21 to Celine for backing up my home directory to CD-R :-|

      --

      Do you even know anything about perl? -- AC Replying to Tom Christiansen post.
  15. Who pays ... by z0ink · · Score: 4, Interesting

    The last time I checked that only applied to countries in which the medium was manufactured. It really stinks that such a fine peice of hardware is getting bad press of a trivial matter. IIANAL, but what is the legality of Apple having to pay for loyalties only applying to specific countries? Is this something that would be taken care of during the trade agreement?

    --
    Steal This Sig
  16. a simple question by ChipMonk · · Score: 2, Insightful

    If the rights group sues and wins, how much of the reward will go to the musicians themselves, and how much will go to the group, to fund more lawsuits?

    I thought so.

  17. Re:They're up to it again by b0r0din · · Score: 4, Funny

    Maybe they're upset because the French word for iPod is 'le iPod' and they want it changed to 'le computerfonografique' or something as equally stupid. You know how the French like to fight against their language being destroyed.

    Which reminds me of that episode of Futurama, where the professors says he invented a translator for an incomprehensible dead language, says 'Hello' to it and hears, 'Bonjour.'

  18. "Piracy fee" or "Fair use fee"?? by infolib · · Score: 4, Interesting

    In Denmark we have levies too, but we're not paying for piracy, we're paying for "fair use". (Not that we have much fair use left - Denmark has one of the strictest copyright regimes internationally)

    The distinction is important. I resent the thought of paying levies on CD-Rs used to make backups of albums i bought fair and square. OTOH, if I were allowed to swap and burn music all I wanted I'd happily pay up.

    Of course the politicians aren't interested in this distinction at all - to them it's more a matter of stopping the artists from whining. Squeaky wheel gets the grease, that's how politics work.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  19. For your information by boa13 · · Score: 4, Informative

    The SACEM is very much like the RIAA in France, so it is more accurately described as a "rights group" than as a "musicians rights group".

    The tax mentioned exists, but wasn't created without an outcry from pretty much everybody in France, which of course didn't prevent the tax from being created. (Lobbies, lobbies everywhere.)

    Like many people I highly doubt that any of the money collected this way goes into the pockets of "musicians". It definitely goes into some pockets, though.

    I didn't know that the tax applied to hard disk drives, this was the point of hottest debate; I thought the government pulled back on that one.

  20. Flaimbait Headline by IanBevan · · Score: 2, Insightful
    I want compensation from sales of Microsoft Windows just in case it is used for spreading viruses.

    So how can I moderate an article's headline as "-1 Flamebait" then ?

  21. Pull it off the shelves by Lehk228 · · Score: 5, Insightful

    If Apple really wants to win they should recall all iPods still in stored in France and put out AD's denouncing the "musicians" rights group and the tax involved, when people can't get what they want is when you get their attention, lawsuits happen all the time but a product being pulled from your country gets things done... "we're sorry, we cannot sell our product to you because is suing us under because they feel they deserve money for every one of our product we sell just in case it is used to pirate music"

    --
    Snowden and Manning are heroes.
  22. Re:They're up to it again by treuf · · Score: 2, Interesting

    The yahoo issue was about internet not having borders.

    Here it's about an US product being sold in france. In that case you have to follow the local laws, which include declaring your product at importation, adding local taxes and respecting extra local rules.

    Totally different.

    Now, I'd be pretty happy if apple have balls to challenge that as it's IMHO a pretty lame law blindlessly applies to most (every) digital media (DVD-/+r/w CD HD ...)
    If they manage to pass over this in France, it would be a nice move to do the same in bigger countries (Canada ?)

  23. Protection of liberties by Mr.+Underbridge · · Score: 5, Interesting
    On another note, cue the anti-french sentiment from a post-terror american centric peanut gallery... But at least this gives hope that the USA isn't the most litigious country in the world. Maybe you aren't #1 in everything after all. ;)

    That's a little trite. One has nothing to do with the other, but it is interesting how laws like this in other countries don't generate the kneejerk reaction they do in the US. The supposedly liberal France and Canada both have such a law. Where are all the open-minded, rights-protecting leaders of such countries when those laws were passed?

    Point is every country has some stupid laws. And we Americans have been laughing at the French since looooooong before 9/11. That probably started sometime in 1939 or 1940 at the latest. ;)

    1. Re:Protection of liberties by Anonymous Coward · · Score: 2, Insightful

      Your lack of knowledge about European history speaks more about your own ignorance than any supposed faults on the part of the French. Like most of the nations in Europe, France had its turn at the top of the pile - Italy, Germany, France, and the UK were all major military powers at one time or another. The US is currently the world's most powerful nation, but here's a clue: it doesn't last forever.

      Every empire in history has had a period where they seemed invincible, and the idea that they'd somehow lose that position was simply unthinkable. Just ask the Romans - once rulers of the known world, and now languishing under a clown like Silvio Burlescon.

      The causes of decline are many and varied - but most historians agree things have started to turn bad when the population is unable to string simple sentences together (hint, it's "lose" not "loose").

    2. Re:Protection of liberties by Mr.+Underbridge · · Score: 2, Informative
      I didn't realize that America was the only army to fight against the Germans in WW1 and WW2...live and learn.

      Oh, by all means, the ungrateful French owe the Russians far more than they owe us. And a good bit to the British as well.

      As I recall, more Russians died at Stalingrad than did Americans during the entire war.

  24. Re:Everyone's missing the obvious by MImeKillEr · · Score: 4, Insightful

    Incorrect.

    It'd go like this (moreso in my wonderful home state of Texas):

    *doorbell rings*
    "Hello there, I'm from the RIAA handing you a subpoena..."

    *smiles*
    (Click) Points 20 gague shotgun at the RIAA drone, followed by "You're trespassing. I'll give you a 10 second head-start to get off my porch.."

    Now, if the subpoena were served by an actual deputy/process server, then they have leagal right to trespass to serve, without actually entering the dwelling. Joe Citizen (even a member of the RIAA) is not a member of law enforcement and not entitled to trespass to serve legal documents.

    But, IANAL.

    --
    Cruising the internet on my TI-99/4A @ a whopping 300 baud!
  25. Atlas Shrugged by N8F8 · · Score: 2, Insightful

    It has always seemed to me that in France the looters are winning. If you have ever read Atlas Shrugged by Any Rand you know what I am talking about.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Atlas Shrugged by velo_mike · · Score: 3, Insightful
      It has always seemed to me that in France the looters are winning

      And just like in the book, they're "winning". As an example, there's a huge public service campaign now trying to "guilt" landlords into building ADA like features into appartments. The ads feature things like "she's 90 years old and lives on the fifth floor without an elevator". I say they're "winning" because just like in AS, it's their own high minded policies which cause this. French appartments are rent controlled, once you sign the contract your rent can only go up by a minimally, govt approved amount (I think it's 2.5%). Further, people can't be evicted except under extreme circumstances and the elderly and infirm are almost completely exempted from those. In short, there's a motivation NOT to build elevators since you can only try and encourage the old to leave and bring in new tenants at market rates.

      You're right though, France is a looters paradise. Want to see Ayn Rand's prediction come true, keep watching France as the baby boom generation retires and the well runs dry.

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

  26. What about software developers? by brienv · · Score: 2, Insightful

    Extending their logic :
    As a software developer shouldn't I get a cut of all devices that can be used to pirate software? This would, of course, include CDRs, floppy disks, CD-burners, hard-drives, USB memory sticks, modems, DSL lines, and computers.

    Where's my damn money?

    Brien

  27. Re:Here's a spoiler by bdsesq · · Score: 4, Funny

    Go to Google and enter "french military victories"
    then click on "I'm feeling Lucky"

  28. What about Apple computers? by sparty · · Score: 2, Interesting

    So does this mean all the iMacs, PowerMacs, PowerBooks, etc sold in France are also supposed to be taxed and Apple is refusing to pay? Or are those somehow "different"? (or, perhaps, is Apple paying those royalties but not the iPod royalties?)

  29. Re:They're up to it again by Kozar_The_Malignant · · Score: 2, Insightful

    Just another case of France trying to impose its laws on an American company.

    Except, of course, in this case Apple is actually selling Ipods in France, to French citizens, for Euros (mostly ones with the French logos on them), under the jurisdiction of the French commercial code. I don't think Apple or McDonalds are going to get away with claiming extraterritoriality for their stores, especially the French-owned ones. Conversely, I'm pretty sure Mandrake complies with US law relating to their US sales activities.

    They don't call them French Fries in France
    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
  30. Re:They're up to it again by dave420 · · Score: 3, Insightful

    I do, that's the problem. I love the idea of a land of freedom, justice and equality. What really burns my gravy is seeing America call itself that, yet do the complete opposite. America is one of the most oppressive western countries. It has the loosest idea of justice (Guantanamo bay, anyone?) and equality you can find. THAT is my problem with America. If America was the America it is on paper and claims (so vehemently) it is, I'd be singing its praises from the highest building.

  31. Not piracy by El+Cabri · · Score: 5, Informative

    To be a bit more accurate than the news summary, in France, as in many other European countries, blank media has a long history of having an additional tax that is not aimed as at fighting piracy, but as a way to remunerate _fair use_. The money is passed on to the various artist unions that handle the distribution of royalties, and of course, Britney Spears and other American "artists" get a share of that.

    I think it started with blank VHS tapes back in the 80s. More recently, CD-Rs and the likes, and even more recently, hard drives in general.

    While it was questionable to tax hard drives in general, since many of them are not used to store media, it is hard to make a case for the iPod's hard drive to be exempt.

    I personaly kind of like this system, which is by itself a better, more modern way of artist compensation than copyright is. Of course in France the two systems coexist, so you get the worse of both worlds.

  32. The French are dumb. by AyeRoxor! · · Score: 2, Interesting

    Well, as dumb as we Americans, each for letting his gov't get away with 'preventative taxation', although we USAians managed to avoid it on standard CDr's, I think. AFAIK, we involuntarily concede an 'I might be a criminal' tax for DATs, Music-CDs, videocasettes, and audio casettes.

    What bullshit.

  33. We also have this levy in Sweden by Jugalator · · Score: 4, Informative
    Some information (in english) about it:

    - Activities of COPYSWEDE
    (scroll down the page for information about the blank tape levies)

    - Blank Tape Levy (PDF document with more detail)

    Here's a quote summarizing it:

    "Each year private individuals record a great amount of music, films and TV programmes on blank videocassettes, audiocassettes and CDs. Such widespread copying is a way of benefiting from the work of others without directly paying for it. This results in considerable losses for those who earn their living by creating music, films, and TV/radio programmes.

    This is the reason for the regulations governing a blank tape levy in 26 k of the Swedish Copyright Act. The levy is designed to compensate, to some extent, the authors, performers or producers for the increasing amount of private copying of copyright protected material such as music, films and TV/radio programmes.

    Importers and manufacturers are obliged to pay a blank tape levy of SEK 0.02 per recordable minute up to a maximum of SEK 6 per unit of blank audio or video media. The size of the levy is determined by law. According to 26 k the collection of the blank tape levy shall be done collectively by the representative organisations"

    I personally find these levies very unfair as they're added to all recordable media and you're paying for the music and movie industry even when purchasing CD-R's to archive school work.

    I also wonder how they decided what the fees should be. Wouldn't surprise me if they're much much higher (adds about 30% to the CD-R costs right now) than they should be, as people would probably not purchase two identical CD's very often if they were impossible to copy. Hence, in all these cases, they aren't losing money if these customers are copying today for convenience of playing a CD in the car stereo, etc. Usually, media companies and organizations like these totally ignore this important fact.
    --
    Beware: In C++, your friends can see your privates!
  34. Re:Where? by mehgul · · Score: 2, Funny

    Yeah probably these french musicians are suing Apple in Thailand over a french law. And the court ruling from Thailand will be applicable in all African countries.

  35. You can copy as much as you want by youdontcare · · Score: 5, Informative

    This is not a "piracy tax", this is a "right to copy" tax. In France, we can copy anything but software as long as the source is legit (comes directly from the rights owner) and the copy is kept for our own private use.

    Your friend buys a DVD, CD, book ? Copy it and keep it for yourself - it's legal.
    Rent a movie, copy it, bring it back and watch the copy as much as you want - legal.
    Buy a CD, copy it, sell it - legal.
    Go to your media-hungry friend who owns thousands of DVDs, CDs, books and copy them - legal.

  36. Taxes and Royalties by nurb432 · · Score: 3, Insightful

    This is really getting insane.. so much of our income is being lost on taxes and royalties that its no wonder the world economy is in the tank.

    sure there should be a reasonable tax, and some credit given to 'producers' but we are way beyond what should be considered reasonable.

    Problem is most people dont notice until tax time, or when they get hit with a law suit..

    --
    ---- Booth was a patriot ----
  37. Re:Everyone's missing the obvious by paiute · · Score: 2, Funny

    20 gauge? You fucking wuss. Real men tote a 10 gauge, tops.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  38. Re:They're up to it again by Mika_Lindman · · Score: 2, Funny

    If my native language would be one of the most beautiful languages in the world, I too would wan't everything named in my language.

    And when combining france with the voice of Barry White, I could get laid by just telling what hardware is in my comp.

  39. Liberties by Mr.+Underbridge · · Score: 2, Interesting
    This TAX has generated huge controversy in our contry (Spain) and was only passed due the UltraLiberal party now in government and its connections with the Society that manages this TAX (Kind of an Authors Guild bute quite unrelated to real the authors, btw)

    And that shows how the definition of "liberal" has been changing for some time now. I imagine, as you imply, that the authors' "guild" is a front for your recording industry. Another example of a liberal government in bed with big business. Don't get me wrong - the conservatives always are - but here on slashdot, we expect to get less sold out by "liberals." Unfortunately, it's not happening.

    So there are also "Kneejerks" and "Open-minded, rights protecting" people out here, the problems is that the relationship with the Bush Adm. is way stronger than i would like to! (do you remeber Azores treaty?)

    There is that, to be sure - and I'm sure the reasoning comes back to economics and trade, with the hope that Bush would look favorably on Spain.

    I'm sure there is great debate in your country about such matters, but the Iraq bit aside, no one really criticizes any country *except* the US for rights erosion, or so it seems to me. As such, I don't believe that blank CD tax would ever have a chance here (though I wait anxiously for the Washington morons to prove me wrong).

    If anything, I would say that many of the European governments are selling out their people just as much as the US gov, but the worldwide scrutiny on our government keeps things somewhat in check.

  40. Re:They're up to it again by Cpt_Kirks · · Score: 2, Funny

    insular, arrogant attitudes

    You are talking about france, right?

  41. Paris iPod Party by happyfrogcow · · Score: 2, Interesting

    Sounds like a good time for an equivalent to the Boston Tea Party.

    Sure, the situations are a bit different, but it's still an unreasonable tax. I remember(atleast i think i remember this happening) a rise in stamp prices back in the 1980's here in the U.S. triggered some protesters to staple tea bags to mailed envelopes, as a reminder to the Boston Tea Party.

  42. Passive resistance? by phorm · · Score: 2, Interesting

    I wonder if this is Apple's way of protesting an idiotic law. Just let it go and if somebody really wants to take you to court over it, then you come in with 'fair use' and their attack-lawyers.

    If nobody wants to bring it to court (on the grounds that it's stupid and might get shot down), Apple wins. If it goes to court and loses, Apple wins. I'm just wondering how an idiotic law pandering to a profiteering corporation can in any way survive the scrutiny of an intelligent judge.

  43. Apple Should Invade by enrico_suave · · Score: 4, Funny

    The French musicians will surrender...

    =)

    E.

    --
    Build Your Own PVR/HTPC news, reviews, &
  44. An Opportunity by nightsweat · · Score: 2, Interesting
    This seems like an opportunity to repeal this ridiculous tax. I might use a photocopier to photocopy a book. Should the publishing industry get royalties? I might use silly putty to lift comic strips from the newspaper. Should the silly putty people be forced to send money to the creator of Hi and Lois?

    Screw that.

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  45. umm.... by the_2nd_coming · · Score: 2, Insightful

    the iPod has no function that allows piracy...I can see why tehy are not paying up.

    --



    I am the Alpha and the Omega-3
  46. Mandatory jail time for all black males!!! by erroneus · · Score: 4, Insightful

    Just kidding... nothing like a headline to get some public attention.

    But all joking asside, there is some logic to the parallel I am attempting to draw.

    If, because of the liklihood that someone will buy blank media and use it for purposes which result in copyright infringment, the artists and organizations 'harmed' should be repaid proportionally to the number or amount of potentially infringing media purchased.

    That said, there is a fairly high liklihood that young black males will commit a felony before he is 25. If our conviction rate is any indicator (some 15% of all black males are inelligible to vote due to prior felony convictions) then potentially greater than 30% of all black males will be guilty of a violent crime before he is 25 years of age. If we apply the same logic, we should probably put all black males in prison from the age of 18 to about 21. This will protect the public from the violent crimes that they may potentially commit saving lives and property and will also serve as punishment in advance for anything they may do for which they are never caught.

    Please understand that I am being completely ridiculous and I in no way believe the bullcrap I just wrote above. My attempt at writing this garbage is an attempt to draw a parallel at how ridiculous it is to penalize all consumers of recordable media. Just because it doesn't happen in the U.S. is not a reason the people of the U.S. shouldn't be concerned. (We should protect the rights of all if we expect our rights to remain intact.)

    I'd like to see a world-wide abolishment of these proactive punitive measures.

  47. Turnabout is fairplay by rarose · · Score: 3, Interesting

    We ought to demand a tax on blank canvas, paper, pens, ink, and paint since those can be use for reproducing copyrighted books and paintings.

    Those f'in starving (and I'll guess crappy) musicians will have a harder time paying for their supplies than us computer geeks will paying for our blank media. Before long they'll be begging for the government to rescind all the blank media taxes.

    --
    --Rob
  48. Canajuns: you paid the levy, so download at will by gobbo · · Score: 4, Informative

    First, it isn't a tax, it's a levy, which makes it a prepaid fee for copying privileges.

    Canadians who've paid this levy (and who hasn't?) have paid for the copyright provisions that allow anyone to make a copy of someone else's licensed/owned copy of a musical work, LEGALLY.

    How it works is this: I buy a CD. I can then loan that CD to any friend, and they can make one copy for personal use. Ad infinitum. They cannot, however, pass that 2nd gen. copy or a copy of that copy on to anyone else.

    What it means in the online world is that it is perfectly okay for a canadian to download one copy of an audio work for personal listening. It is NOT okay to then upload a copy of that copy (yes, that breaks the normal practice of P2P networks).

    So, canadians, leech on, you paid for it. And loan your CD's around to one person at a time, please. Otherwise, work to squash the levy, and we can move to the US IP laws version (why not we're dropping sovereignty everywhere else, eh! OK I'm bitter).

  49. British perspective. by Half-pint+HAL · · Score: 2, Interesting
    Actually, it isnt just CDR's that get this tax in Canada... its almost all storage devices. ... I believe Australia and Britain pay very similar fee's.

    In the UK, there was never such a levy on analogue media. However, I believe we introduced a levy to cope with the "perfect digital copy" in sound recordings. All this has done is made people use write-once CDRs instead of rewritable DATs as the CDR is not an audio-only format, so is exempt.

    Bit of a waste, that.

    Hal.

    --
    Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  50. Paper by wytcld · · Score: 3, Interesting

    Paper is used for more infringement than any other media. Each piece of blank paper could be taxed, with those taxes going to the rights-holders of published works which may be xeroxed, printed from the Web, hand copied, or otherwise imparted to the paper without permission or payment to the content creators.

    If it makes sense for other blank media, it certainly makes sense for blank paper. As for the relative value, look at what we devote educational resources to: 'literacy' and 'numeracy' - activities largely on paper - are viewed as crucial, whereas there is no requirement at all to be able to write pop music to graduate high school. So we should have special taxes on blank media which might be used for pop songs, but none on blank media which might be used for depriving investigative journalists and great short-story writers of income? Are pop musicians more deserving of special income from special taxes than writers? Why?

    --
    "with their freedom lost all virtue lose" - Milton
    1. Re:Paper by ballpoint · · Score: 2, Informative

      This would be funny if this weren't already implemented in my wonderful european country, where a per-copy tax is levied on photocopy machines. Yes, we're being taxed for copying our own internal documents.

      I have no idea where exactly society is going, but it sure isn't moving in a direction that makes sense to me.

      --
      Flourescent (adj): smelling like ground wheat.
  51. Re:Nonsense ! by notque · · Score: 3, Funny

    See, this is why I hate the french. I didn't understand a thing this guy just said, and I still think he sounded pretty wussy saying it.

    (No Karma Bonus, because I keed!)

    --
    http://use.perl.org
  52. Even the US does this by rcpitt · · Score: 4, Informative
    It's all well and good to kick the French - but you should realize that the US does a similar thing for the same reasons - they levy a fee on blank cassette tapes which is passed on to the music industry.

    The fact is that over 25 countries have instituted such a levy in some form or other. We here in Canada have the "Blank Media Levy" on CDs, tapes, and "digital storage in portable digital music recorders" which includes hard drives built in at the time of manufacture as well as Flash and/or RAM. The people who administer this levy (Canadian Private Copying Consortium or CPCC) have intimated that they will go after other hard drives in the future (the next round starts some time this month for implementation beginning of 2005)

    The point is that the US people who lobby for this have not been as aggressive so today you don't have the levy on anything but the cassettes AFAIK; but you certainly could.

    To those who think they should get some sort of compensation for their copied software, the Canadian Copyright Act actually leaves it open to potential groups to apply for and get status to do exactly that but it seems that nobody but the music publishers seem to be able to get together and actually do it (thank our lucky stars!)

    As one of the people who directly opposed the CPCC in their recent initial request to apply a levy of $21 per Gigabyte for the storage in things like the iPOD, I can tell you that you can make a difference if you try. The actual levy approved by the Copyright Board was from $2 to a maximum of $25 per unit depending on how much storage it has in it when manufactured - and no levy on additional storage modules purchased after the fact. This and a hold at previous levels for CDs and tapes was actually quite a victory. I expect the fight over levies on regular PC hard drives will be every bit as hard when it comes.

    Let this be a lesson to you - and let's see if you can apply it regarding the DMCA and other repressive legislation that your wonderful government (and the business lobby that pays it) are foisting on the world (see what is happening in Austrailia for example)

    --
    Been there, done that, paid for the T-shirt
    and didn't get it
    1. Re:Even the US does this by StarWreck · · Score: 2, Funny

      For every piece of blank media, we have to pay a tax that goes directly to the RIAA. That means whether or not you use blank media for pirating, you are being declared a pirate.

      All "legal" downloading services for the RIAA use DRM Protection so that you can't pirate the music. So if you pay for the music, you are declared a pirate.

      This means if you legally buy CD-R's and legally purchase music of iTunes or Napster, the RIAA still considers you a music pirate twice. Therefore if you legally burn your legally purchased music onto a CD-R, the RIAA considers you a super-pirate!!

      --
      ... and in the DRM, bind them.
  53. Re:Does this validate piracy? by rcpitt · · Score: 2, Interesting
    The law (in Canada the Copyright Act) that institutes the levy (similar in other countries but you have to see their individual acts to figure out exactly how similar) balances the levy by making the "private" copying onto the levied medium of works from (again here in Canada specifically) any source perfectly legal. Private copying means for your own use, not for give-away or resale - which leads to the interesting scenario of purchasing a CD, making a copy of it for your own use, and giving the original away to a friend (who then copies it, keeps the copy and gives the original...) which all is perfectly legal.

    The board in its recent ruling even noted that downloading music from the Internet was OK but that uploading (or sharing) was not.

    --
    Been there, done that, paid for the T-shirt
    and didn't get it
  54. The law does not concern all HDs by xtrochu · · Score: 3, Interesting

    Finally found the text (in french) Here

    It does say that the hard-drives integrated into TV, VCR or video decoders and hard-drives integrated into mp3 players (like the iPod) are eligible to the tax.

    The law does not apply to hard-drives sold for use in computers.

    So this law is not that stupid, if you think that the general law that pay back artists for the right of users to make private copies is a good thing.

    BTW, another law (here) says that floppy-disk (3'5 inches only) are eligible for this tax. And this law is probably a lot more stupid.

    NB : The site http://www.legifrance.gouv.fr messes badly with cookies so the links above may not work at first.

  55. Re:Speak for yourself by Fallen_Knight · · Score: 2, Interesting

    i'm from canada and alot of my friends hate the french because we were forced to learn frence in highschool (like we remember any of it now). And that all our labels have french on them thou i don't know ANYONE who speaks it, let alone only it. (i'm in BC), i hate it how the minority of the country can dictate that EVERYONE has to see that god damn french language everyday on everything.

    Thus i and my friends say "Fucking french!"

    also offtopic i remember reading somewhere that qubec is on life support from the other provinces, ie without the rest of cananda paying for it expenses it would be bankrupt. Not sure if thats correct as stat can doesn't have spending/revenue on a province by province basis.

  56. Re:Why worry ... by cens0r · · Score: 3, Insightful

    I know you're trying to be funny, but both Air and Daft Punk are from france. Both of those groups have sold millions of records.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  57. Americans laughing at the French by Rupert · · Score: 2, Interesting

    Probably not when they abetted your rebellion in 1776, or when you took advantage of the whole of Europe being at war with Napoleon to invade Canada in 1812. Maybe when they gave you that big green statue in New York in c.1876, but even there was a lot of resistance, mostly due to the cost of the plinth. The dough boys were probably chuckling when they arrived in France in 1917, when there had been continuous fighting on French soil for three years.

    I hate the French as much as anyone, but it's because of reasons like their lowest-in-Europe per-capita soap consumption. When it comes to fighting, you Americans still owe the French.

    --

    --
    E_NOSIG
    1. Re:Americans laughing at the French by mveloso · · Score: 4, Insightful

      I think the Americans paid the French back already for those two minor incidents in the 1900s involving Germany.

      It's not when the boys got there, it's that they got there.

  58. Re:Nonsense ! by FearUncertaintyDoubt · · Score: 4, Insightful
    This whole oil idea is so stupid I'm surprised people still bring it up

    Actually, oil is a strategic natural resource. Iraq is not of interest because Bush or anyone else wants cheap oil. They want control of a strategic resource. Oil represents power, because it represents money and is so critical to the operation of the worlds machinery (literally and figuratively). Being able to control the flow of oil around the world gives the US a great deal of power.

    The US barely noticed the genocide of 800,000 Rwandans in 1994. In fact the government took great pains to label it "ethnic cleansing" (and make sure the media did as well) because to call it genocide would invoke treaties which require military intervention to stop genocide. This is just a glaring example of how "strategic interest" governs US policy, not any ethical or moral principles. If it's good for business, if it's good for getting the upper hand over enemies and allies, it's worth the effort.

    Human rights is not the reason for invading Iraq, or any of the U.S. involvement in previous years. But to say, "it's about cheap oil" misses the mark a bit. It's about control of oil. If Iraq had nothing but more sand under the sand, Saddam would still be in power. The US has a long and continuing history of upsetting democratic governments and installing despots, supporting vicious human-rights violators, and looking the other way when it comes to people who play ball (Saudi Arabia).

    Power and money are the language of America, indeed most of the world. These are what wars are fought over, why people seek office, how the very gears of the global ecomomy works. And the purpose of globalization is to get everybody involved in it who isn't yet. We have created a global system that runs on money and power. To think that this system has any other aim but to continue its own existence and increase the wealth and power of those who run it is illogical.

  59. Re:Everyone's missing the obvious by IdleTime · · Score: 2, Insightful

    Well, beeing modded as a Troll is more of an honor here than anything, so I can only say Thank You.

    Apart from the mods and posters here that can't see longer than their own nose, I can also inform you that I live in Orlando Florida and not in any far away overseas country :)

    The point is that the world is much more than the US, but it fails to register with people here in the US. Everything is about the US and most people couldn't care less what happens anywhere else, which is why the news channels pumped us full of Martha Stewart for 24 hours after her verdict as if there wer no other news in the world. Puts a bit of perspective on what is important I guess. Feel free to give me more Troll ratings I need it since my karma is excellent!

    --
    If you mod me down, I *will* introduce you to my sister!
  60. Re:They're up to it again by KaiserZoze_860 · · Score: 2

    Please do not confuse the will of the American people and the misguided attempts at security of our village idiot, ahem, I mean President. Come November we hope to correct that mistake.

  61. Re:Nonsense ! by Inebrius · · Score: 2, Insightful

    North Korea has a fomidable military, and the people of NK will fight if necessary. Any war with NK would be devastating. We negotiate and talk with NK, because the repercussions from fighting are not a desirable option.

    Iraq was becoming more formidable, had aspirations to gain WMDs, supported terrorists, and was relatively easy to stop. We have lost less than 1000 troops so far, most after the actual fighting. The Iraqis lost relatively very few people, less than would have been killed if Saddam was left in place.

    So what if oil was one of the reasons for liberating Iraq. The US can not be expected to be the police of the world, we don't have the resources to take on every genocidal and oppressive government. The rest of the UN nations share that responsibility. In this instance, it was in the interests of the US to remove Saddam.

  62. Virus writers... by Tokerat · · Score: 2, Funny


    ...don't get royalties on copies made, you insensitive clod!

    --
    CAn'T CompreHend SARcaSm?
  63. Gettin' was good by amightywind · · Score: 5, Insightful

    Then why isn't the US invading North Korea? There is much evidence of the same kind of Human Rights violations and atrocities that existed in Iraq. Well, the answer is that North Korea is not the World's Second Largest Producer of Oil...

    Kim Jong Il is simply not as accessable as Saddam. A surgical operation of the kind that was applied to Iraq could not work in Korea. War with North Korea would mean bloody mayhem for everyone involved, and a huge refugee problem on the Korean peninsula. The US wrecked Saddam's regime because it was vulnerable. He was a bad guy who deserved to come to a bad end. The vast majority of Iraqis would agree. As for the oil, the US will get it like everyone else: at market prices. That is more than I can say for the currupt French and Russian officials who profited from the oil for food shame.

    --
    an ill wind that blows no good
  64. Re:They're up to it again by macmaxbh · · Score: 2, Funny

    That reminds me of a nice quote from A Prairie Home Companion on NPR a while back.
    TR (JESSE): This is just the lowest of the low. These French. I've had it. I just want to say that if it weren't for us, these people would be speaking German today.

    TR (ARNOLD): You say that like it's a bad thing.

    SS: Mr. Chirac?

    TR (CHIRAC): I remind them of the American Revolution. If it were not for the French, the Americans would be speaking English today.

    TR (ARNOLD): Good point.

  65. License to copy by lga · · Score: 4, Insightful

    The British government forces me to pay a levy on blank music CDs; so why aren't I allowed to copy whatever I want on to it? They can't have it both ways, either I pay the levy and copy any music legally, or they don't charge the levy and prosecute copying.

    It's a good thing that computers can write music to data CD's with no levy to pay.

  66. Re:and vice versa by matfud · · Score: 2, Interesting

    Well the ban targets religous artifacts because currently those are the only things that differentiate the children. In many parts of europe school uniforms are mandatory. The only (partial) exception is religous paraphernalia. If you allow religous garments then you start having to define religions. Then you are in a situation where you have a set of official religions and the garments allowed to be worn in school for each religion. Then you get protests from the unrecognised religions. bla bla bla.

    Should a child be excused from swimming lessons as due to religous regions she cannot remove her burka?

    Basically it gets messy. But the claim that it is only targeting religious stuff is missleading. It is targeting all clothing/haircuts/piercings etc that are not appropriate, or that interfere with teaching in schools. Its just that nobody complains about the non-religous aspects.

    matfud

  67. GB and US knocking France for WWI&II... by Chris+Burke · · Score: 2, Informative

    ... is really silly.

    In WWI, the French held off the Germans for years. In the process, they lost millions of men. They essentially threw an entire generation of young men into the meat grinder, and held off the German advance. That takes balls.

    In WWII, if either GB or the US had France's long land border with Germany, they would have been destroyed by the Blitzkrieg, just like France was. The only reason GB wasn't destroyed is the English Channel. The only reason we weren't is because of the Atlantic Ocean. Stalin had the Russian Winter as a natural barrier. What about France?

    So the only reason we get to call the French cowards is a fluke of geography. That seems cowardly to me.

    --

    The enemies of Democracy are