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French Law Would Enable iTMS Songs to Play on Other Devices

The French parliament will on Thursday vote on a law that would allow consumers to play iTunes Music Store songs on devices other than iPods. According to a Reuters story, the law would make it legal to use software that cracks digital rights management (DRM) and convert content from one format to another.

Reporter Astrid Wendlandt observed: "The law, if enacted, could prompt Apple to shut its iTunes store in France, some industry observers say, to keep from making songs vulnerable to conversion outside France, too." He noted that record sales were down 8% in France last year, but the sale of digital music in the country was up fivefold.

The new law would also subject to a fine consumers who illegally download copyrighted material, as well as those who make that content available to others. People who make and sell file-sharing software would continue to face the possibility of a fine and a prison sentence.

Mr. Wendlandt said that France is considering the law because it needs to "transpose the European directive on copyrights into its own body of law, which it failed to do by the December 2002 deadline." DVD movies would not be part of it, which would still need to be approved by the French Senate and would not go into effect until June.

French and British Apple executives did not return calls seeking comments on the matter.

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A guest said: (hide)

Let me get this straight... France needs a special law to make it legal to play a CD/DVD/music recording/video that you bought on another music/video player that you own?

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LaurieF said:

member since 15 Jun 2001 with 3547 posts, TMO Forum Mod, send him a message or view his profile

Yes. France does need a special law. New Zealand needs a special law. Many other countries need special laws. That's how it works. Copyright is not exactly the same wherever you go.

Many of these countries are in the process (New Zealand hopefully this year) of updating the copyright law to allow format shifting, which will ease the process of Apple introducing iTMS here.

France is going down a different track. It's what makes the world interesting.

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macinnerd said:

member since 15 Jun 2005 with 1748 posts, unranked, send him a message or view his profile

That's perfectly true.

What a sad place this world would be if all countries, cultures, people were alike (they call it americanization here in France...).

<rant>

But, you gotta love them French for making a lot of tedious laws, that often have opposite affects and actually worsten the situation. But when they really are good and needed, the people refuse 'em. Hence one of the highest uneployment rates in Europe, a poputation that takes it to the streets far more often then necessary, complaining about this, complaining about that... To the point where the college students made a big protest against a law stating that teachers should be replaced when absent. Old people riot against the reduction of their retirement income (provided by the government and sucking cash reserves dry).

</rant>

So... we were talking about iTunes?

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Small White Car said:

member since 02 Jul 2004 with 1960 posts, unranked, send him a message or view his profile

Guest wrote:
Let me get this straight... France needs a special law to make it legal to play a CD/DVD/music recording/video that you bought on another music/video player that you own?

You can't do a lot of that here in the US, either.

iTunes-bought music only works on iPods. Windows-media based stores don't work on Macs. Software that rips DVDs to iPod format is, technically, not legal.

On the one hand, this proposed law looks like it will have the effect of shutting down online music stores in France. Oops. On the other hand, it WOULD be nice if everyone had laws like this. Too bad we never will.

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A guest said: (hide)

Okay so France wants to legalize stealing from iTunes by breaking the DRM so it can give the copyrighted material to there own online stores and sell them there. Basically that's what there saying. If I were Apple I would close the online store in France and see how well the french do with there stupid law. My guess, not good, not good at all. The other way Apple could go would be to charge France for every song they sell on there own stores using iTunes DRM making it more expensive for the French to buy songs than any other country thanks to there stupid law.

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macinnerd said:

member since 15 Jun 2005 with 1748 posts, unranked, send him a message or view his profile

France doesn't have their own online music store in which they could sell iTunes stolen music.

And if they did go so far, I'd expect Apple to take some serious legal action.

And France could do very well without their french iTMS (I live in France, and yet I shop on the USA store).

And I don't see a reason why frenchmen should pay more just because their government legalizes iTMS song ripping. There are already a certain number of people doing it, and tey don't care if it's legal or not, they'll go ahead anyway.

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LaurieF said:

member since 15 Jun 2001 with 3547 posts, TMO Forum Mod, send him a message or view his profile

Anonymous wrote:
Okay so France wants to legalize stealing from iTunes by breaking the DRM so it can give the copyrighted material to there own online stores and sell them there. Basically that's what there saying. If I were Apple I would close the online store in France and see how well the french do with there stupid law. My guess, not good, not good at all. The other way Apple could go would be to charge France for every song they sell on there own stores using iTunes DRM making it more expensive for the French to buy songs than any other country thanks to there stupid law.

It's "their", not "there". Think before you type. I'm not being pedantic for the sake of it; it's because it makes your post hard to read.

France doesn't want to legalise stealing. Read the whole article:

Quote:
The new law would also subject to a fine consumers who illegally download copyrighted material, as well as those who make that content available to others. People who make and sell file-sharing software would continue to face the possibility of a fine and a prison sentence.

Personally I think the French government is being daft - not unusual in France, nor in any other country - but there you go.

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macinnerd said:

member since 15 Jun 2005 with 1748 posts, unranked, send him a message or view his profile

Guest appears to have something against France...

This law does have it's agvantages as well: it will allow people to share an iTunes library, with iTunes purchased music, to get content onto their non-iPod player. I know some people who would love to do just that.

And, yes, the french government is going around in circles (nothing new here), by allowing us to rip encoded purchased material, but then threatening anyone who distributes the material to go to jail. A vicious circle is born.

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A guest said: (hide)

Strange I understood that European copyright law was suposed to have been standardised a while back.

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A guest said: (hide)

Can someone please clarify the above. If I read correctly, the French government is passing legislation that applies to only one company and its product?

How this is fair by any stretch of imagination is beyond me.

Now, if this applies to all purveyors of downloadable music - then that would mean Rhapsody or any other competitor with WMA DRM'ed, would have to provide a way to play THEIR files on an iPod. Which currently, they do not.

So, either France is singling our Apple and only Apple (BTW - which could lead to a trade war - since it would reek of protectionism)

OR

France wants to piss off all purveyors of downloadable DRMed music, whcih means SONY and Virgin, and MSFT etc etc...

OR

France wants to boot out all foreign presence in that arena....and the labels would simply shut France out...

OR

this whole thing will get voted down.

My money is on the on third choice.

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A guest said: (hide)

Maybe I am wrong about this but I thought that if you wanted to put music from the iTunes store on a different player that could play mp3's, all you would need to do is to burn a cd and then put the songs into whatever jukebox supported that mp3 player.

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A guest said: (hide)

Guest wrote:
Maybe I am wrong about this but I thought that if you wanted to put music from the iTunes store on a different player that could play mp3's, all you would need to do is to burn a cd and then put the songs into whatever jukebox supported that mp3 player.

You're not wrong. But you (may) lose some fidelity.

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A guest said: (hide)

"...

OR

France wants to boot out all foreign presence in that arena....and the labels would simply shut France out...

OR

this whole thing will get voted down.

My money is on the on third choice."

OR, it is just plain rumors and speculations. As said in the news, the main aim of the law is to transpose an european directive and better protect musicians and copyright materials against P to P downloading. But there were a lot of discussions around Internet economic models. Hence, it is very difficult to understand what the "side effects" of this law will be.

--------

( to answer to another contributor :

"To the point where the college students made a big protest against a law stating that teachers should be replaced when absent. .." oh.. i am wondering where you found this one. ...

"Old people riot against the reduction of their retirement income (provided by the government and sucking cash reserves dry)" ... old people rioting... dangerous people..; I didn't know i lived in such a bizarre country

kidding aside, they are just clichйs.... To be fair , i have to say the same kind (and even worse... ) clichйs are expressed in France against american people (a lot of things can be said about the America / France "communication" problem; misinformation is a part of it)

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dynamicv said:

member since 06 May 2004 with 51 posts, unranked, send him a message or view his profile

If there's one thing the French like doing, it's creating bureaucracy. It's their national sport.

My guess is that this is all "un orage dans une tasse а thй". iTMS France will continue as before.

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macinnerd said:

member since 15 Jun 2005 with 1748 posts, unranked, send him a message or view his profile

Anonymous wrote:
"To the point where the college students made a big protest against a law stating that teachers should be replaced when absent. .." oh.. i am wondering where you found this one. ...

That was part of the Fillon "rйforme" that implied the Baccalaurйat being a mojority of contrфle continu.

Quote:

"Old people riot against the reduction of their retirement income (provided by the government and sucking cash reserves dry)" ... old people rioting... dangerous people..; I didn't know i lived in such a bizarre country

No, they aren't rioting , but they do react aggressively to any possible reduction of retirement income...

Quote:
To be fair , i have to say the same kind (and even worse... ) clichйs are expressed in France against american people (a lot of things can be said about the America / France "communication" problem; misinformation is a part of it)

Yes, I'm living right in the middle of it. A mutual denigration between France and the US has established itself since some disagreement over the Iraq issue (despite both presidents insisting that the transatlantic realtionship has never been so strong)... not going to get into that.

I don't think that this law will have much affect on the French iTMS.

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Actual Reality said:

member since 16 Aug 2005 with 44 posts, unranked, send him a message or view his profile

is it just me or is this law redundant?

just burn your songs to a cd or dvd and rip them as mp3s, voila!

it seems to me that any number of xxAA agencies should be up in arms about being allowed, legally, to remove a drm...

wouldn't this law have to apply to dvd and the like as well?

if not, it would just be persecuting apple, in which case i think apple should prove that america can, in fact, pull out when they should. /pun

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A guest said: (hide)

First, let's get rid of the "To the point where the college students made a big protest against a law stating that teachers should be replaced when absent. .." The student in fact, protested in support for the teachers because the law would oblige them (the teachers) to replace their colleagues regardless of their other obligations and of their specialization. That law was just a cheap way for the government to keep the pupils in school without hiring new and needed personal.

OK, the least we can say, it's that that article is a splendid example of shoddy journalism, with a lot of baseless affirmations, and it is misleading. No surprise if most of you, left in the total ignorance of the context and the facts, would jump to extreme conclusions. No, France doesn't want to boot all foreign presence in that field (one of the majors, Vivendi Universal, is French, btw). No, the law isn't aimed at Apple and the iTunes store. The context is the EUCD (the European DMCA) and its implementation, and the law would just allows consumers to convert DRMd tunes to any format to play the music they bought where they want, how they want. And the majors are against it. This is just about private copy, consumers rights, and doesn't condon piracy or copyright infringment.

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A guest said: (hide)

The law has just been rejected.

Funny how when someone propose some moronic law in the States people comment how moronic the proponent is, but when they propose a moronix law in France it's "the French are assholes, morons, cowards, they whine, they mess in what isn't their business, they eat cheese, they killed Jews, they eat babies at breakfast, Laeticia Casta, Audrey Tautou, Ludivine Sagnier are all hairy whores who never take a bath…

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A guest said: (hide)

What about fair use?

Yes, you can go around iTMS DRM via CD, but that's a violation of the Digital Millennium Copyright Act (DCMA). It appears that France just wanted to clairfy fair use. Fair use is what allows you to record your LP onto a cassette without getting thrown in jail.

Most people feel that it should be fair use to rip a DVD to their iPod because its just like that cassette but the DCMA says otherwise.

I think it's great that France at least thought about it and said, look as long as it's fair use, lets not throw people in Jail for copying a song onto their el cheapo MP3 player so long as they purchased that song legaly.

Also, this would not just affect iTMS, it would affect any protected songs. It would not make it a crime to unprotected WMAs to play them on our iPods.

Finally, this is NOT a moronic law. I would like the same fair use rights for my digital media as I have for my analog media. If I copy and sell, it's illegal and I should go to jail. But should I go to jail because I want to watch the director's cut of Terminator 3 on my iPod? I might not have to if I lived in France.

Viva la fair use!

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A guest said: (hide)

Merdй! Now will the French require non iTMS purchases work on the iPod?

Get Jean-Louis Gasse on it.

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