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French Lawmakers Approve 'iTunes Law'

An anonymous reader writes "Lawmakers in the French government have passed a controversial iTunes law, which has the stated intention of forcing Apple to allow purchased music to be universally useable." From the article: "In a statement issued after lawmakers hashed out the final compromise text last week, Apple said it hoped the market would be left to decide 'which music players and online music stores are offered to consumers.' The final compromise asserts that companies should share the required technical data with any rival that wants to offer compatible music players and online stores, but it toned down many of the tougher measures backed by lower-house lawmakers early on."

26 of 423 comments (clear)

  1. Funny by lisaparratt · · Score: 4, Insightful

    Because the way I'm looking at it, it has the intention of making Apple close ITMS in France...

    1. Re:Funny by shotfeel · · Score: 4, Insightful
      I'm not sure it does anything. From TFA
      The final compromise asserts that companies should share the required technical data with any rival that wants to offer compatible music players and online stores,

      So for music from the iTMS, the "technical data" is to burn to CD, rip to mp3, transfer to music player of choice.

      To play on the iPod, other music stores just need to sell music in non-protected form (AAC or mp3).

      Note that AFAIK (from summarized English translations) it says nothing of the process being free, easy, or lossless.
    2. Re:Funny by modeless · · Score: 3, Insightful

      I don't understand this, because we don't need "technical data". Breaking the DRM is the easy part; the hard part is avoiding the lawyers. What we need is for breaking the DRM to be legal!

  2. What's that sound? by Blahbooboo3 · · Score: 3, Insightful

    I hear the sound of millions of voices in French screaming in agony as they lose Itunes/Ipods.... Sounds like the French will be buying their music from other EU countries Itune stores....

  3. The market can only decide if it CAN decide by Opportunist · · Score: 5, Insightful

    It's quite cynical from a patent holder to invoke the right for free trade and the idea that in a free market the customer will settle the question which good is better.

    He cannot.

    Actually, the French decision IS the epitome of free trade: BOTH products, the iPod and iTunes have to succeed as the best platform. You can't have one product "tag along" with the other one. BOTH have to be successful to be the main player.

    Now, I wonder if that verdict can be applied to the hassle around Windows and Media Player/IE...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:The market can only decide if it CAN decide by posterlogo · · Score: 4, Insightful

      It's quite cynical from a patent holder to invoke the right for free trade and the idea that in a free market the customer will settle the question which good is better. He cannot. Actually, the French decision IS the epitome of free trade: BOTH products, the iPod and iTunes have to succeed as the best platform. You can't have one product "tag along" with the other one. BOTH have to be successful to be the main player.

      NO idea what you're talking about. Patents are fully compatible with free trade. In this case, there isn't really even a patent on the idea of listening to music in a digital format. All anyone has to do to get into this business is license the music from the copyright holder, and make your own damn online store and digital player. Oh wait, but you're not really going to be able to offer it at 99c, right? Thanks France, you just made it easier for the RIAA to anally probe us all. Itunes is a free software package. You can download music and play it on itunes. That is the purpose of the software package. A separate hardware package, the iPod, enables you to take that music onto a portable player. WTF is so hard to understand about that? Want an ipod, but not iTunes music? FINE!!! Get some mp3s. Want iTunes, but no iPod? FINE!!! What is the problem here?? You want neither, FINE!!! No one is shoving these products down our throats.

    2. Re:The market can only decide if it CAN decide by drinkypoo · · Score: 4, Informative
      To extend that logic slightly, Chevy should be required to tell eveyone how their engine control system works so you aren't required to purchase their engine and transmission along with the car; perhaps they should be required to also offer Volvo, Cummins or Ferrari engines. Or they should be required to sell multiple brands of seats.

      Chevy is required to tell how the system works - at least how to interface to it - so that it can be maintained. In fact, they even have to make their OBD-II powertrain codes available "for a reasonable fee".

      On top of that, all popular automotive engines eventually become available as "crate motors" - it's a complete, never-installed engine in a crate. You buy the appropriate service manual, and you get complete documentation on how to interface to it. (Some of them are really old, and simple; for them, if you know what you're doing, you don't even need a manual. Like the 426 chrysler hemi, which was [fairly] recently made available... the drag race guys had bought them all up and converted them to alcohol and there were none left to speak of.

      Please, stay away from the comparisons to the automotive world. You're just as bad at it as damned near everyone else. If you want to get engine specs, documentation, and the bare engine itself, you can, and there's no DRM stopping you from using it in any vehicle you like, either.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. Lets bring the DRM house of cards down by OurNewOverloard · · Score: 3, Interesting

    Corporations can always buy legislation - we see that all the time. We need to make life uncomfortable for the companies pushing DRM. One way of doing this is to get the artists to take a stand against art with locks. Sign the Bono petition today http://defectivebydesign.org/petition/bonopetition /

  5. Ipods already compatible by slashkitty · · Score: 4, Interesting

    with some other music services, like allofmp3.com If I create some bohunk music store, does apple have to support my new crazy format?

    --
    -- these are only opinions and they might not be mine.
  6. This story is misleading - that was is awfully bad by Anonymous Coward · · Score: 5, Informative

    This article presents the DADVSI law as if it would be good for free software. It isn't.

    With the law as it is passed, there is a very real risk that anyone in France who distributes software such as libdvdcss could face up to three years in prison.

    Don't be distracted by the headlines about Apple. This law could be a major blow to legal playback of DVD and other protected digital media using free software.

  7. French Lawmakers - Why do they care? by us7892 · · Score: 3, Interesting

    Why have the French taken so much interest in iTunes and music downloads to the iPod? Where is the French interest in this? Are iPod's hard to come by in France? And some other players don't have a rich selection of music available from their online music stores?

    Perhaps everyone in France should just download Tunebite http://www.tunebite.com/, and convert their protected iTunes downloads to readily playable mp3's. Or is there some sort of tax involved in all of this that the French gov't is after...

    1. Re:French Lawmakers - Why do they care? by Jeff+DeMaagd · · Score: 3, Insightful

      I think it is an issue of deliberate lock-in. We wouldn't dream of buying a Sony CD, much less having to buy Sony's CD player in order to use Sony's CD. Then if you bought a Philips CD, you'd have to use a Philips player. It is a regression of formats to go from something that was open and now it is either locked to a certain brand product or you have to degrade the quality to play it in some other device. That Tunebite program is only a loop-back reencoder, it doesn't just strip the protection, it also degrades audio quality again to use it in some other product.

      Another concern brought up by the Scandinavian cases is that Apple reserves the right to change the terms of the use of the product after you've paid for it, and you get no recourse if you don't like what they do.

  8. It's About Time... by DesireCampbell · · Score: 3, Insightful

    It's about time that someone otyher than Microsoft was forced to play nice with their competitors.

    I still think it's stupid to force a company to help it's rivals - but at least the EU's trying to be fair about it.

    --
    Whoo, signature!
    DesireCampbell.com
  9. Re:Just like France by Opportunist · · Score: 3, Informative

    It ain't that easy.

    Business is supposed to work on the base that different manufacturers create different products. The customer, on the other hand, is the one to pick which product fits his needs best.

    If the manufacturer forces him to use product A only with product B, the customer cannot make this decision. If he is forced to use product A if he wants to use product B, this violates the laws of free trade.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Re:When government needs to butt out. by PCM2 · · Score: 4, Insightful
    This whole law smacks of Frances communist-like laws to give poorly run French buisnesses a chance by gimping the better run foreign competitors.

    Oh yeah, and the United States' capitalist-like laws have never done that.

    --
    Breakfast served all day!
  11. Controversial by Digital+Vomit · · Score: 3, Insightful
    "Lawmakers in the French government have passed a controversial iTunes law, which has the stated intention of forcing Apple to allow purchased music to be universally useable."

    How sad that a law that is in the best interests of the people in a democracy -- and of society as a whole -- is considered "controversial".

    Apple said it hoped the market would be left to decide 'which music players and online music stores are offered to consumers.

    And let the mythical "invisible hand of the free market" take care of consumers? Yeah, right.

    The final compromise asserts that companies should share the required technical data with any rival that wants to offer compatible music players and online stores

    Damn right. Proprietary file formats are an abomination unto human civilization!

    Sorry. I've had a little too much sugar...

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  12. I agree! by COMON$ · · Score: 3, Insightful
    And while we are at it we need to make sure that all data is universal to every device, I am pissed that my 35mm camera film is not accepted by my iPod and that AAA batteries are not easily converted to work in my D cell devices. My dell laptop batteries wont work in my Thinkpad, and rant on....

    Seriously if people dont like iTunes format then dont buy them...there are plenty of options.

    --
    CS: It is all sink or swim...oh and did I mention there are sharks in that water?
  13. Re:When government needs to butt out. by govtpiggy · · Score: 4, Insightful

    Have you never heard of tariffs? That is the essence of "gimping the better run foreign competitors" and is law in the US.

    --
    do you know squarepusher?
  14. Spreading DRM helpful to the populace? by SuperKendall · · Score: 3, Interesting

    How sad that a law that is in the best interests of the people in a democracy -- and of society as a whole -- is considered "controversial".

    Why is standardizing on one form of DRM in any way helpful to the populace.

    The Apple system of becoming the primary music playback device is helpful to the populace because it encourages other people wanting to sell music to use open formats - like eMusic which sells in MP3. It could well be that if there were only one form of DRM (say Microsoft) they would simply licence that and there would be no MP3 stores. If a mix of players were popular but had no shared open standard like MP3 the consumer would be equally screwed.

    If Apple wanted to be truly closed and hurt the populace at large then the iPod would play ONLY protected AAC files. That is not the case.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  15. re: burning to CD by King_TJ · · Score: 3, Informative

    For that matter, I think many people overlook another "twist" on burning music to CD. Products like Nero allow a virtual disc to be created. So you don't even have to use up any physical CD media to accomplish this type of conversion.

    Honestly, I think DRM on digital music is going to prove to be utterly pointless - since computers allow making perfect digital copies of the original work, as long as it can be played on the system at all. It only serves to add an extra "speed bump" in the way of making copies of the songs you download.

    Right now, for example, any Windows user can sign up for one of these unlimited music download services like Yahoo Music, Virgin Digital, or Rhapsody, and with a $19 copy of "muvaudio", batch process everything they download into DRM-free MP3s of any bitrate they desire. It uses "virtual audio patch cable" device drivers to make lossless digital copies of the music while it plays in Media Player, even keeping any sounds generated by other applications separate from what's recording, so you can still use the PC while it works.

    Apple Mac users can do something pretty similar with "Audio Hijaack Pro" (although maybe not quite as automated and "fancy" with handling queued up playlists of songs).

  16. Re:It's not about helping your rivals by Opportunist · · Score: 3, Insightful

    You're not forced to use them, no. But that's not the point.

    The point is that people want to have a portable music player. They don't care what manufacturer is from (let's take the "ideal" customer for now, and he has no irrational preferences for any brand).

    Now, this ideal customer makes the decision which player to get. And, being the ideal customer, he is also ideally informed (i.e. he knows everything about every player on the market).

    Now he also knows that iTunes is maybe the most comfortable way for him to buy online music. So he will buy an iPod because he cannot choose another player if he wants that.

    The point isn't that I don't want an iPod. The point is that I want the iPod to succeed because it is the better player and not because it has a foot in the door with iTunes. The customer does not care which player he gets, he chooses the "best" model for him. And here the iPod has the advantage of being "hauled along" with iTunes, a quasi-monopoly Apple has on the content side for your gear.

    The goal is to keep Apple at its toes to make better iPods with better batteries, more space and so on. I don't want to "hurt" Apple, but I do want the best player for my money. And with the advantage of iTunes, Apple could create players that are under par compared with the competing manufacturers of portable music players and they'd still sell.

    And that doesn't look good in my books of free market. He who makes crap should perish. He who creates better goods should rise.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  17. Re:Just like France by friedmud · · Score: 3, Interesting

    "If iTunes had to open to other players, the iPod would have to compete with other portable players only on the grounds that it has the superior technology."

    And the iPod would still be the #1 selling portable music player.

    I actually don't believe that people are buying iPods for iTMS... it's a fun catch phrase... but honestly I think people buy iPods because they are "cool" and work well... and this iTMS thing come with it (part of the "working well" is being able to manage your music easily) that just happens to allow you to buy music online... which is just an added convenience to an already compelling product.

    I have an iPod myself, and besides buying a few songs off iTMS when I first got it... I learned quickly that I wasn't willing to "pay the price" of Apple's DRM (for instance I make home movies on my machine... and like to use music I own as background music or music during the menus... but I couldn't do that with the songs I bought on iTMS).

    So what did I do? Did I get all pissed at Apple and try to make them open their DRM? No... I just took my business elsewhere (I buy CD's for mainstream stuff, and eMusic.com for more obscure stuff). This is how the free market is supposed to work! The _market_ should decide what is right for them!

    After getting a bad taste in my mouth from Apple's DRM I don't want to buy into DRM at all any more... which is why I won't be picking up an HD-DVD/Bluray player anytime soon. I've made my choice... I just don't want the crap... but I don't need the government to legislate other people's choices for them.

    Friedmud

  18. Re:Monopoly? by One+Childish+N00b · · Score: 3, Insightful
    If not, this it completely and utterly wrong and amounts to socialism.
    Of course, this relies on the acceptance of the premise that 'socialism' is 'wrong'... and judging by your ending statement of 'The French have lost a lot of battles, my guess is they'll lose their fight with Apple too.', I can only assume this is more American France-bashing.

    How will France lose their battle with Apple? Are Apple going to go to war with France? Of course not - they'll both lose, as Apple will lose revenue and the French government will lose taxes on that revenue. Whatever you think about France's decision here, equating 'socialism' with 'wrongness' is subjective, and cheap shots about French military victories (PML PUT IT IN GOOGLE LOL!) simply cheapen your post further.

    Other than that, good try, thanks for playing.
    --
    Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
  19. READ WIKIPEDIA'S ARTICLE by Submarine · · Score: 5, Informative

    Just read http://en.wikipedia.org/wiki/DADVSI
    Most news sources just tell rubbish about this law.

    This so-called "iTunes law" began as a law meant to criminalize peer-to-peer file sharing as well as any circumvention of DRMs.

    The so-called "iTunes" clauses were introduced as amendments, proposed by free software activists who wanted to save the legal possibility of making free software players. Apple was a side casualty.

  20. Archos-support legislation? by CptNerd · · Score: 4, Interesting

    Isn't if funny that no one is mentioning that a French company, Archos, manufactures a line of media players, which hasn't been doing so well competing with Apple? I'm sure the French government has absolutely no vested interest in supporting efforts to hurt foreign competitors.

    --
    By the taping of my glasses, something geeky this way passes
  21. Stop it by Yvanhoe · · Score: 3, Interesting

    and begin to get our facts, fanboys. The orginal law (which doesn't cite Apple and in fact englobes many other MORE crucial things, like CSS implementations for linux) did in fact forbid DRMs. Remember your memes ? DRMs are bad. Evil. Apple's DRM are as bad as Google China censorship.

    Under the pressure of Big Businesses (tm) (and fanboys, but they only do harm on /. there are none in the French Senate) said that DRMs could be good, that media format could be closed, crypted and DMCA-protected. Hoorah !

    The funnier is that the law that passed allows Apple to do what it wants with its DRMs, that is the kind of law thay wanted. And that is catastrophic.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.