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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.
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.
"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?
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.
What if we call it a Freedom iPod.... Will that help?
Yes, my girlfriend is a BitchX
If I pay the tax, how much music am I entitled to pirate?
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?"
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.
Eve Fairbanks says I drive a hybrid!LOL
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?
I've got more mod points and GMail invi
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.
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.
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.
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. ;)
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.
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.
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.
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