March 18, 2006, 12:24AM

France may cut iPod link to iTunes

By LAURENCE FROST
Associated Press

http://www.chron.com/disp/story.mpl/business/3732014.html


PARIS - Apple Computer faces a serious challenge in France as lawmakers 
move to sever the umbilical cord between its iPod music player and iTunes 
online store — threatening its lucrative hold on both markets.

Amendments to an online copyright bill, adopted early Friday, would give 
rivals access to the hitherto-exclusive file formats at the heart of 
Apple's music business model as well as Sony Corp.'s Walkman players and 
Connect store.

Thanks to the massive success of the iPod models, which account for two out 
of every three music players sold worldwide, iTunes has become the global 
leader in online music sales. The iPod is currently designed not to play 
music from rival services.

According to the latest amendments, however, copy-protection technologies 
like Apple's FairPlay format and Sony's ATRAC3 must work with competing 
services and players. Companies that refuse to share all essential 
information with any rival that requests it would be ordered to do so by a 
judge, under threat of fines.

The draft law could force Apple to let French iPod users buy their music 
from download sites other than iTunes. Owners of other music players would 
also be allowed to buy songs from iTunes France.

"Without guaranteed inter- operability, we run a major risk of captive 
client bases and an anti-competitive situation, with the consumer held 
hostage as a result," read the explanatory note accompanying one of the key 
amendments.

Lawmakers in the lower house voted to approve the amended text early Friday 
and will hold a further formal vote on Tuesday before sending the bill to 
the Senate for its final reading.

Although the draft law would also apply to Sony, "the implication is most 
serious for Apple" because of the phenomenal market penetration of the iPod 
and iTunes, said Roger Kay of U.S.-based research firm Endpoint 
Technologies Associates.

Apple spokesman Steve Dowling declined to comment on the law or say whether 
it could force the company to withdraw the iPod or iTunes from the French 
market.

Sony also refused to comment.

Although iTunes was initially driven by iPod sales, some analysts say the 
two offerings now reinforce each other.

Apple's large online music catalog, the result of its superior bargaining 
power, also boosts the iPod's appeal.

Breaking the exclusive link removes both advantages.

Critics of the draft law say legislators have no business forcing Apple to 
share its proprietary format, arguing that most customers know about its 
limitations when they choose to buy an iPod.

But consumer groups argue that the only way to give customers real choice 
is to end the restrictions.

"It's an essential condition for consumers and for the market itself," 
Julien Dourgnon, a spokesman for UFC-Que Choisir, France's main consumer 
organization, said.

UFC has already filed a lawsuit in French courts, attacking Apple's 
exclusive music format as a form of anti-competitive behavior.

"It's only by resisting interoperability that Apple is able to keep this 
dominant position," Dourgnon said. "Once there's interoperability, it's over."


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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