Apple gets reprieve from French DRM-busting law
By Jo Best

http://news.com.com/Apple+gets+reprieve+from+French+DRM-busting+law/2100-1027_3-6100629.html

France's controversial copyright law, which had threatened to mandate 
interoperability between Apple Computer and rival online music players' 
digital rights management, has been dealt a major setback as sections of 
the legislation are being ruled unconstitutional.

The Dadvsi law, which had initially been intended to free digital music 
lovers from proprietary DRM, now could be doing the opposite.

Changes to the law, proposed by France's Conseil Constitutionnel, now 
mean that those found reverse-engineering DRM to aid interoperability 
between two DRM-incompatible systems--Apple's and Microsoft's, for 
example--can be fined. The law had previously allowed individuals to 
circumvent DRM if doing so to enable interoperability. The Conseil 
removed the provision, saying the definition of interoperability was too 
vague.

The law will also now introduce a DRM licensing authority for companies 
using rights protection, which will have the power to order companies 
such as Apple to provide information to competitors to enable 
interoperability.

The Conseil has now amended the law to order that, in such cases, those 
being forced to open their DRM should receive compensation. Apple's 
dominance in the online music world has been fostered by its FairPlay 
DRM, which permits songs bought from its iTunes Music Store to be played 
only with its iPod MP3 players.

The original text of the Dadvsi law also had proposed the 
decriminalization of file sharing, with fixed penalty fines for those 
convicted of illegal uploading or downloading of music files. French 
lawmakers have now removed the provisions, dubbing them unconstitutional.

Instead of a fine of 150 euros ($191) or 38 euros ($48.50) for uploading 
or downloading music respectively, pirates now face being convicted of a 
criminal offense and potentially face several years in prison or a fine 
of 500,000 euros ($638,200).

The changes have impressed few. Consumers group UFC-Que Choisir said 
that "the last bit of interoperability has been nibbled away by the 
law." Lionel Thoumyre, head of new technology at artists' rights 
organization Spedidam, said: "Everyone has lost out. The real problem, 
sharing copyright-protected work, hasn't been solved."


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