French law could break iTunes, Microsoft DRM

A proposed French law ostensibly designed to fight piracy and promote legal music downloads could force Apple and Microsoft to open their respective DRM standards to competitors -- or allow consumers to break the DRM if they don't. The draft law, to be voted on by France's parliament this Thursday, would allow consumers to use software that breaks DRM in order to convert their music to another format for use on an unsupported device. Thus, for example, an iPod owner could use MuvAudio to convert PlaysForSure-protected WMA files into unprotected MP3 files, while a Zen owner could use Audio Hijack to do the same with FairPlay-protected AAC files. The alternative, of course, would be for Apple to allow PlaysForSure to be used on the iPod, and allow FairPlay to be used on competing devices, neither of which the company is likely to do. The law would stiffen penalties for illegal file sharing, and would also limit the number of copies consumers could make of legally downloaded music -- though it's unclear how this would be enforced, especially if the law declares open season on DRM.

[andy @ Mar 13th 2006 3:43PM]

how the hell does allowing people to break DRM (digital RIGHTS management) help to FIGH piracy, we all know this law is for one thing - to BREAK apples lead in the digital music scene. would the same law mean all software written for the market share leader windows OS should now run on macs? I think not!!! - its who ya know remember ;)

[Michael2k @ Mar 13th 2006 3:49PM]

Hmm, except Apple's iTunes already allow you to break the DRM by burning protected files to CD. It is, of course, inconvenient, but it is already possible. Is French law now going to mandate that this process be made even easier?

Can the same law then be used to force Apple to release OS X for generic Intel or Microsoft to release Windows Vista for Macs?

[Critt3r @ Mar 13th 2006 3:53PM]

#2

Anyways, this seems just predictable. Soon enough, almost EVERYTHING will be illegal and only small time companies will exist... Hoorah.

[rfw @ Mar 13th 2006 4:04PM]

The first poster is clearly not interested in improving the quality of all devices. What advantage is there for the consumer in allowing a company to lock in its user to a single brand of hardware? If Apple was forced to compete it would likely improve the quality of their devices and reduce the prices at iTunes, which is probably the most expensive online music store just because that's all that works on ipods.

[Kyran @ Mar 13th 2006 4:06PM]

When the simpler alternative to getting music on "unsupported players" is to go through pirate channels, I'd say this would go a long way in convincing people that buying music might still be viable after all.

[Matt @ Mar 13th 2006 4:08PM]

Great news for consumers.

[Josh Warner @ Mar 13th 2006 4:12PM]

What is at stake here isn't piracy - it is purely and simply your right to use the software/media you buy on whatever device you so choose.

The analogy in post #1 has a major flaw, and that is that Apple and PC hardware have histoically been different by design (even with the new intel macs, the differences are not minor).

Here is a better analogy (untrue, but valid): you are a professional photo editor and you buy a brand new Dell workstation. Dell has a deal where you can get Photoshop cheaper bundled with the computer than through retail, so you do so. Now, a year down the road you want to replace that computer with a faster, yet functionally identical, version manufactured by HP. You buy this new machine, and try to load your bundled version of Photoshop that you OWN onto it. The installer tells you that this version of Photoshop can only be used on Dell hardware. You are (quite justifiably) outraged, because as a computer literate person you KNOW there is no reason for this limitation, and you then peruse torrent sites for either a crack or a cracked version in exasperation.

This is what DRM does. It is not designed to combat piracy, it is designed to attempt to create a virtual monopoly. Consumers should be allowed to legally hack, reverse engineer, etc. anything they own - but DRM tries to convince us that we do not own the media we buy.

It would be interesting to see a piracy case go through the courts on this basis - that somebody legally purchased the music, but when they couldn't use the media that they OWN on another device that they OWN they decided to fix what was certainly an oversight on the part of the businesses.

This is the true role of DRM, and it sickens me.

[Ray @ Mar 13th 2006 4:27PM]

I agree, I owned an iPOD and switched to a Archos PMA 430, and now the Hundreds of Dollars spent in iTunes on music was useless because I no longer can play the protected music that I purchased

[David Day @ Mar 13th 2006 4:32PM]

To Josh Warner:

First of all, when you buy a Dell computer and it comes with bundled OEM version of Microsoft OS. According to your suggestion, you should have the right to decide where to use this software at. Which suggests that you can then port this OEM copy of Microsoft OS to your X-branded clone. I wonder if you are going mad.

Also I want to point out something about the right of usage. When you buy a movie DVD, it's most likely restricted to a certain zone code. Would you also suggest the removal of this practice? Now, how about a music CD you purchase. Since you own the right to play the music and you want to stick this CD into a Sony MD player. Should you therefore enjoy another copy of the music in MD format?

You have had too much freedom and you simply forgot about the cost of creation!

[mveloso @ Mar 13th 2006 4:38PM]

#2: Note that if Apple improved the quality of their devices any more, they'd have 100% of the market instead of the really large percentage they have now.

In any case, you could always buy your music at allofmp3.com. It's mp3, so it'll work on the iPod and other devices.

#6, why not use WinAmp to convert your songs? It's not that hard. The caveat is that it may or may not be legal to transcode from one DRM system to another.

[JK @ Mar 13th 2006 4:38PM]

Can we all be honest here-- no French law will change the behavior of any non-French company. They're barely still a major player in the European market, much less the worldwide market. So this is all very interesting, but will be completely forgotten next week.

[Dave @ Mar 13th 2006 4:43PM]

You know, this is all just so stupid. Most of these companies let you burn the music to a CD. It's not like anyone buying a 128 AAC file is an audiophile or anything, so any loss of quality from a re-rip of the CD wouldn't even be an issue.

People are just SO STUPID about the files they own.

[bufbarnaby @ Mar 13th 2006 4:43PM]

Why go to all that trouble?...I buy and listen to CD,DVD AUDIO,and SUPERAUDIO CD and get the full fidelity.And if I wanted to...I could rip the CD and use it in ANY device.Paying Apple to download compressed music is a joke. It isn`t music...It uses a LOSSY codec.No thanks Mr. Jobs.

[Jon @ Mar 13th 2006 4:43PM]

#6- Drop a CD into you CD burner, burn a CD of protected songs. Take CD out. Put CD back into computer. Rip CD using iTunes back to your hdd (replacing existing song)..viola, same song, unprotected MP3 (if you choose MP3 ripping). Oh wow, Apple DRM is hard to crack...

[o rly @ Mar 13th 2006 4:43PM]

It seems that many times, someone rushes to be the "first to post" and doesn't actually read the article or use common sense to see the reasoning behind a product or action.
Andy (post #1) is the perfect example of this. Andy is also dumb enough to say
"would the same law mean all software written for the market share leader windows OS should now run on macs? I think not!!! - its who ya know remember ;)"
trying to infer Microsoft has bought the French government, obviously ignoring the fact that the new "law" on DRM effects both Apple's (iTunes) and Microsoft's (PlaysForSure) DRM services.

I won't call him out for being a "fanboy" for now, just an utter fool.

[schmic @ Mar 13th 2006 4:45PM]

to #7
of course I will be mad... especially since I can't buy most computers without an OEM Windows!

absolutely, I don't want region code! I want to decide which DVD I want to play! I prefer English movies, even though I live in a German speaking country and I don't like the (enforced) German subtitles in some DVDs (example RG2 of Pulp Fiction). And I most certainly hope, that I can do a copy onto my empty MD (where I pay extra for the empty media to exactly do that!).

You just lost the connection to reality. I'm very happy for the MI to use DRM, I don't have to buy it. But if I can't do any copies anymore (to use in my car, put it on my iPOD, listen on my Linux machine, whatever) then I'm not ready to pay the same price as for the unprotected media! And more importantly I think they should offer what ever and wherever they want but please leave me the freedom to buy whatever and wherever I want! That's all the freedom I want.

[Dave @ Mar 13th 2006 4:47PM]

Number 11 (bufbarnaby) is totally correct. To be blatantly honest, I don't give a damn at all about the whole squabble over DRM.

Your iPod is capable of a lot better than 128 AAC folks... those white earbuds you all wear suck.

[anon @ Mar 13th 2006 4:53PM]

AND YET ANOTHER REASON TO HATE THE FRENCH!!!

If this passses I hope MS and Apple say "Screw you" and don't offer their products to them. It's not like the French have any say in the world's tech future.

[anon @ Mar 13th 2006 4:53PM]

AND YET ANOTHER REASON TO HATE THE FRENCH!!!

If this passses I hope MS and Apple say "Screw you" and don't offer their products to them. It's not like the French have any say in the world's tech future.

[schmic @ Mar 13th 2006 4:57PM]

but the French could offer these programs on their homepage and people from all over the world could download it :) guess who will win

[We we mon sherry @ Mar 13th 2006 5:00PM]

Apple needs to come out with an IPOD that allows it to be used with other products to accomodate them. that way they don't have to change the programming...

Why is it that the french are the only ones trying to change the things we do? Is it that they haven't invented anything worth while and have not had a french tour de france winner in 7 years or longer...

[Pip @ Mar 13th 2006 5:01PM]

"6. I agree, I owned an iPOD and switched to a Archos PMA 430, and now the Hundreds of Dollars spent in iTunes on music was useless because I no longer can play the protected music that I purchased"

Bull. Just burn them to an audio CD WITHIN ITUNES, and then rerip that DRM free audio CD into DRM free MP3s.

Apple even tells you the first thing you should do after buying the music is to burn it all to a DRM FREE AUDIO CD USING THEIR OWN SOFTWARE.

[OxyMormoN @ Mar 13th 2006 5:09PM]

Could someone explain to me the attraction of buying music from these DRM merchants (much less renting it) when one could simply buy the CD and rip it? To a far higher bitrate, to lossless codecs, burn copies as much as you want and so on and so on. Plus, you actually get something physical and lasting for your money...

[Dave @ Mar 13th 2006 5:15PM]

"To hell with the f**king french and their bullshit laws. They're always a pain in everybody's ass. Lazy ass, constantly complaining bunch of peasants. Shut the iTunes store in France, and let em live with the local crap they produce. Bloody French F**ks"

Wow, you're ignorant. Would you like to cite other examples of French law that you find offensive, somehow? I'm so sorry the French are cramping your style...

Moron.

[locknroll @ Mar 13th 2006 5:18PM]

To #19 Pip

"Bull. Just burn them to an audio CD WITHIN ITUNES, and then rerip that DRM free audio CD into DRM free MP3s. "

So why would I take all this extra time and money to burn and rip a CD when I SHOULDN'T HAVE TO!
Because I am an Apple FANBOY

DRM Free UPFRONT Ladies and Gentlemen
Don't settle for anything less

[Michael @ Mar 13th 2006 5:27PM]

"Bull. Just burn them to an audio CD WITHIN ITUNES, and then rerip that DRM free audio CD into DRM free MP3s."

Not to mention that you lose a lot of quality when you do this, by re-compressing a compressed audio format. It's hardly an ideal solution. If there is music I want, I prefer to buy the CD and rip it myself. This is where the French law interests me, because if the CD is protected I could break it.

[Long @ Mar 13th 2006 5:30PM]

To David Day,

The courts in Australia already pointed out that installing a mod chip into a PS2 is legal. A person legally bought a game in Asia where the region code is different. Then installed a mod chip in his Austrailian PS2 so he can play the game. So bypassing region code and other DRM like program code is legal if you legally purchased the stuff. http://www.theregister.co.uk/2005/10/06/aussie_chipmod/

Of course this only applies to Austrailian law. If you did the same thing in America you probably would get sued. The French are trying to create laws that give more freedom to consumers to use things they legally purchased.

If you purchased a DVD, legally you can't change anything about the dvd when you make a copy of it. So if I wanted to watch the same movie on my PSP or media PC, the size, aspects, audio, and languages are suppose to be identical. So if I ripped the movie to fit on my PSP that would be breaking the law.

Why should I go and buy the same exact dvd twice if I want to watch it on my PSP and dvd player when I could transfer the movie to my PSP? Thats like buying a music cd that you can only use in your car. If you want to use it in your home, you need to purchase it again.

[eugene @ Mar 13th 2006 5:38PM]

I think that DRM is bullshit, and if people pay for songs they should be able to do what they want with it. Same goes for mp3 players like Ipod. I think that the Itunes thing is garbage, if people pay so much money they should have the option of downloading it from any place they want. A digital monopoly doesnt make it any less of a monopoly.

[John @ Mar 13th 2006 5:58PM]

#14

No, you can't buy a "branded" computer without OEM Windows pre-installed. But yet you can "assemble" your own computer and then "buy" a retail version of Windows. Who are you kidding? Would you go through all these just to realize that total cost is actually higher to "assemble" your own computer? Explain to me how you can build a computer at the price of $600 USD (which is the price you pay for some Dell computers) while a retail copy of Windows will cost you $299 already? Do you smell piracy too?

True that DRM is not great but can you think of a better solution to prevent piracy or you simply can care less? Or perhaps you just want your own freedom and that's all you can care about?

[Finished.Law.School @ Mar 13th 2006 6:00PM]

From this we can (?) assume that French officials are more knowledgeable when it comes to technology and that there is not enough corporate lobbying/bribery in France.

[John @ Mar 13th 2006 6:01PM]

#14

No, you can't buy a "branded" computer without OEM Windows pre-installed. But yet you can "assemble" your own computer and then "buy" a retail version of Windows. Who are you kidding? Would you go through all these just to realize that total cost is actually higher to "assemble" your own computer? Explain to me how you can build a computer at the price of $600 USD (which is the price you pay for some Dell computers) while a retail copy of Windows will cost you $299 already? Do you smell piracy too?

True that DRM is not great but can you think of a better solution to prevent piracy or you simply can care less? Or perhaps you just want your own freedom and that's all you can care about?

[John @ Mar 13th 2006 6:01PM]

#14

No, you can't buy a "branded" computer without OEM Windows pre-installed. But yet you can "assemble" your own computer and then "buy" a retail version of Windows. Who are you kidding? Would you go through all these just to realize that total cost is actually higher to "assemble" your own computer? Explain to me how you can build a computer at the price of $600 USD (which is the price you pay for some Dell computers) while a retail copy of Windows will cost you $299 already? Do you smell piracy too?

True that DRM is not great but can you think of a better solution to prevent piracy or you simply can care less? Or perhaps you just want your own freedom and that's all you can care about?

[tiroger @ Mar 13th 2006 6:08PM]

This is really a victory for the consumer. I've heard some say that iTunes is what makes the iPod so successful due to it's ease of use, and I agree. By allowing other mp3 players to work with iTunes, would probably result in some market share loss for apple, leading to more competition, which in turns leads to better and cheaper products. And we as consumers are much better off. So I don't understand what people here are complaining about.

[Michael @ Mar 13th 2006 6:11PM]

John:

DRM doesn't prevent piracy, it just punishes honest people who buy their music.

[John @ Mar 13th 2006 6:18PM]

To #30 - you are just talking and trying to make sense. How does DRM punish honest people like YOU?

[AwayBBL @ Mar 13th 2006 6:40PM]

#31, If I buy a tune, I should be able to play it anywhere. With Apple's DRM I can only copy it a few times.

An example of what I mean is... In the old days, when I bought a CD/Vinyl, I can pick it up and play it anywhere, forever.

[bob @ Mar 13th 2006 6:47PM]

Many comments are incorrect IMHO... this law -not voted by our parliament yet (yes I'm french)- is considered in France as being a large defeat for internet users and consumers... it may reduce drastically our right to make private copies of A/V medias (until now completly legal within some large conditions) and dramatically facilitate legal proceedings against people who upload/download content on the internet...

And don't be mistaken by what it may look like, because the Majors had a huge influence on the EU directive we are about to transpose in French law and the same is valid in the debate on this law... internet users and consumers are always losers when it comes in finding a way to make them pay more...

Our politicians are far from being knowledgeable about IT, our "Minister for Culture" (who presented this law) proved many times he was completly incompetent on that subject...

For those french haters: please show that you're more intelligent than that...

[Jeff @ Mar 13th 2006 7:05PM]

I don't understand why people are defending DRM and restrictions for those who obtain media through legitimate channels. Why is everyone so angry that the French think this is wrong? The notion that you should have the ability to control the media you buy is very pro-consumer. I'd certainly like the ability to break DRM once the media is safely in my hands - DVDs, music, or whatever. I guess you guys hate competition, and just want to be spoon fed solutions by one particular manufacturer or provider. You can shove your restrictions up you back side. I'll take my media DRM free.

[epp_b @ Mar 13th 2006 7:13PM]

Josh Warner (#6), well said!


["You have had too much freedom and you simply forgot about the cost of creation!"]

The only so-called "cost of creation" involved is the cost of creating a false layer of restrictions. It should, and is entirely feasible, to be free. There's no legitimate reason that it shouldn't be, unless you consider price fixing and racketeering to be legimate.

[Paul @ Mar 13th 2006 7:20PM]

@ #28 John

Did you seriously just say it is cheaper to buy a computer for $600 than to make one? That computer you are buying for $600 could easily be built be someone who knows what they are doing for less. For a $600 computer the difference might not be that great but when you go to more expensive computers, the difference increases.

A friend of mine was looking into buying a desktop for gaming, he was looking at $2,000-$3,000 computers from Dell. I built him a computer that had better stats than the $3,000 for only $1,800.

When you buy from a company you are paying for the assembly, shipping, and most of all the brand name, build it yourself, you will save money, if you dont believe that, well... you are the reason the big name companies contiue to make money.

[Robbo @ Mar 13th 2006 7:35PM]

i think the bottom line here, is clearly france sucks. always has and will until we finally get around to blowing that forsaken egotistical country full of pricks off of europe.

[converge @ Mar 13th 2006 7:54PM]

I refuse to pay for lossy music that can only be played on one device. However, I would have no hesitation to pay for lossless music that can be played on any device...wait...um, that would be a CD. Too bad most new music is crap anyways and not worth buying for that one good track. So until then, its BitTorrent I go...

[Virtuous @ Mar 13th 2006 7:55PM]

The music companies, Apple and MS will make sure this law doesn't allow DRM to be broken by legal means.

[converge @ Mar 13th 2006 7:58PM]

And to the poster who said its cheaper to buy a computer than build one, you are on crack. If you know where to get parts, you can build a faster, cheaper, and higher quality computer than any Dell crap. And you might learn a thing or two in the process.

[Ron G. @ Mar 13th 2006 8:04PM]

F u c k the French. Fight them and kick their a$$e$, APPLE. The French always think they have the right to overrule everyone because they've overestimated their importance to the world. They're ranked in importance (in reality) right below the value of my $hit.

[Watcher @ Mar 13th 2006 8:09PM]

It seems that DRM people have plants prowling cyberspace, sowing misinformation and confusion.

"you are just talking and trying to make sense. How does DRM punish honest people like YOU?"

This has got to be one of the most ridiculous posts in here, countered excellently by:

"An example of what I mean is... In the old days, when I bought a CD/Vinyl, I can pick it up and play it anywhere, forever."

Idiocity such as this reminds me of that infamous quote... paraphrased: "If you want a backup, but another copy!"

Honest users pay for the cost of creation already... why screw us over and over? DRM does exactly that. They attempt to limit piracy at the expense of the honest people.

But if what the French guy who posted is true, it's not an immediately celebratable victory as there might be some quirks in the law that might blow up in our faces.

[Michael @ Mar 13th 2006 8:19PM]

34. To #30 - you are just talking and trying to make sense. How does DRM punish honest people like YOU?

Actually, that's what I was thinking of you. However, here's an example:

I own a 20GB 4G iPod. If I have a collection of music from iTunes, and decide to buy a different type of MP3 player (ie. iRiver or Creative) then I basically have to throw my music collection away as it won't play on my new device. The iTunes DRM basically dictates that if I buy another MP3 player it will have to come from Apple.

[Michael @ Mar 13th 2006 8:29PM]

Actually John, if I assemble a PC myself (which I do quite frequently) then I can buy an OEM copy of Windows which costs $100 instead of $299.

That being said, I'll agree that you can't beat Dell's prices on the low end, especially if you buy Windows. I always insist that XP Home goes into the price as I don't want to deal with supporting the warez edition of XP.

[alejandro @ Mar 13th 2006 9:19PM]

I believe that Apple will be in for a very rude awakening once better players start demonstarting that they not only sport more features but that they are easier to use and have a better software integration.

[alejandro @ Mar 13th 2006 9:20PM]

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