iTunes escapes French DRM law

For now, Apple's iTunes ecosystem has escaped the new French law that enforces DRM and imposes penalties on hackers and users who illegally pirate digital music. The much-debated Authors Rights Law, which was just passed by France's National Assembly, goes easy on users who download music and other files illegally, but comes down hard on software developers who write and distribute programs to crack Digital Rights Management (DRM) protection. The proposal reported yesterday that would force online music services--such as Apple's iTunes Music Store--to allow customers to download songs onto devices other than its iPod--has been discussed but not included as a proposal in the draft. Industry watchers speculated yesterday that if the proposal came to fruition, Apple would close down the French iTunes Music Store for fear of users illegally distributing iTunes tracks outside the country.

The National Assembly voted Wednesday night to approve a maximum fine of approximately €40 for users who illegally download music or other files, and voted the maximum penalties of three years in jail and a fine of €300,000 to individuals who distribute software that enables consumers to circumvent copy restrictions enacted by DVD and CD manufacturers, according to the Red Herring.

The National Assembly proposals are not expected to be approved until March 21st, after which the legislation goes to the French Senate, which will vote on the law some time in May.

Marc Gaez, head of the SCPP, a French group that lobbies for music producers, is disgruntled by the National Assembly draft.

"It's hard to evaluate the impact at this point, but we know the law is not going to be good for the recording industry," Gaez said.

Proposals in late December for a global license that would have allowed users to legally download music files for personal use for a nominal monthly fee were dropped, because the proposal would have directly violated the EU directive.

Filed under: industry
Other story tags: digital music/video

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jhorvatic

Apple would have shut it

03/16, 6:05pm, EST

Apple would have shutdown iTunes store because the DRM is in place to protect against piracy and is required by the record companies in order to sell the music. The record companies I'm sure would insist that Apple close the online music store had that other law get introduced and pass. The other reason is Apple will keep there DRM to themselves and if the French were to have passed that law they would have closed it so that DRM stayed with Apple and not get released to the French or anyone else.

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MacScientist

Tempest in a teapot

03/16, 6:58pm, EST

As best as I can determine, the reported threat to iTMS DRM was grossly overblown. I have no understanding of French politics, but it seems that this threatening provision of the Authors Rights Law was a proposed leftist amendment to a right-leaning law. As such, it probably had about as much chance of passing as does the Democratic proposal to censure US President Bush in the Republican-controlled US Senate.

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JulesLt

DRM removal??

03/16, 8:02pm, EST

I don't believe there was anything in the motion that was about DRM removal - it mentioned interoperability, which could equally be interpreted as Apple providing a means of converting purchased Fairplay tracks to WMA or some other DRM scheme.

(As it happens, Apple DO provide the means, via burning to CD, then import into your rival devices media management program, which I believe will get them off most court cases that try and state they have a monopoly - like Microsoft they are simply making it inconvenient rather than impossible to switch to a rival product).

I think the idea of a small nominal fine for downloading is a good approach - unlike the RIAA trying to get 1000s or 10000s damages from individuals, it puts illegal downloading in the same category as speeding or littering - everyone does it occasionally, but at the same time it's not like everyone is driving round at 100mph all the time.

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