French law could break iTunes, Microsoft DRM
By Marc Perton 
posted March 13th 2006 3:30PM
posted March 13th 2006 3:30PM
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.
Just use Tunebite or something to convert iTunes and WMA music to MP3.
I know it's pointless to comment now (especially on page 2 of comments) but, still: it's funny how everyone here (starting with Engadget's Marc Perton) takes the DMCA for granted. The thing is, cracking your iTMS tracks (or your DVD, or whatever) to make a DRM-less backup copy isn't illegal in France, or in many, many other countries. Yet. The law that's being discussed now (and it keeps changing so much between revisions that it's impossible to follow) is precisely a DMCA copycat that intended to restrict this right. So it's not a law to allow people to break DRMs -- the news is that the latest draft for this law is not making that illegal anymore.
And, clearly, the fact that iTMS users could legally break their tracks' DRMs if they wanted to hasn't prevented Apple from doing business in many of those renegade, anarchic countries (geez, there are so many countries in the world that aren't the United States, you wouldn't believe).
Same applies to "The law would stiffen penalties for illegal file sharing". The law sets fines for downloading and uploading, whereas right now, in the absence of specific legislation, a French court can send you to jail for uploading copyrighted materials because it's considered as counterfeiting. I'll take the fines over jail anytime :)
"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."
Well, Alejandro, despite other products that dominate the market despite their unsatisfying usability (*cough* Microsoft *cough*), the iPod is on top because it IS easy to use and HAS excellent software integration. Perhaps you hadn't heard?
This "rude awakening" has been threatened so many times it grows tiresome, yet no one has managed to pull it off. I'm sure we all look forward to your magical mystery product, and the masses will cry "thank goodness this has arrived, my iPod was SO difficult to use..."
its depressing seeing all these stupid American rednecks releasing their ignorant miniscular knowledge of the world outside US into the fury of shit flooding out of their mouths (keyboards).
no wonder europeans think of americans as mostly "not that bright"
Josh Warner said (post 7 - Posted at 4:12PM on Mar 13th 2006 ) :
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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
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Somebody (in France) who wanted to copy a DVS on a video tape went to the court into order to protest against the protection system. He lost (thus it is a right to make "private copy" for personal use). The reason (for the judge) was to "protect" the company in order NOT to "loose" money.
By the way, I am French. Since december, many French are fighting against the DRM law (even within political parties, even in the leading party). IT IS NOT A FRENCH LAW, but a European law, valid in most European countries (since 2000, if I remember). France is one of the last countries in Europe where this law hasn't been voted.
DRM is fine, as long as they give me the copy for less monney since I don't get the same product. As everyone says, I don't have to buy it if I don't like it (and that's exactly what I do). And I don't copy it either! The DVD gives me a good package for the price (if you buy it second hand) but if I can't play RC 1 here in Europe anymore, then I'm not interested anymore. And that's fine. The Industry should just keep in mind that they are offering something to the market and they can't force anyone to buy it and if nobody does then they won't earn monney.
My suggestion would be that they generate an increase in value which you gain when you buy their products rather than punish people with DRM (so you can't watch it on the device you feel most adequate for yourself) or stupid videos which you can't jump at the beginning of your perfectly legally purchased DVD and tell you you're a thief and should be put into prison if not bombed away (German adverd against piracy)!
Cheers
Whoah. Lots of Apple fanboys here. Also lots of people brainwashed by DRM.
OK, you buy a legal DVD of some film. You play it in your living room, then get tired and finish watching it in your bedroom on your DVD player up there. This is perfectly legal in (hopefully) just about any country in the world. If you think this isn't fair use then I think you may have a problem.
What if you're listening to an album you bought from Yahoo music, ITunes or whatever on your computer. You then realise you have to go out for a bit so you put the music on your MP3 player. With DRM'd music you cannot do this (unless you choose to let 1 company rule your life until you never want to listen to that album again).
Here DRM is stopping fair use. It is pretty good at it too. I could break the DRM, which isn't difficult to do but does take time. The legality of breaking DRM isn't too great under the DMCA or EUCD either.
I choose not to buy DRM'd music then burn to a CD (which some DRM doesn't let you do anyway), then rip back.
Instead of buying the DRM'd music I have 4 options. Firstly I can buy the CD. This means going into town and paying for some of the tracks on the album I don't want. I do this sometimes but not very much.
Secondly I can choose not to listen to music at all. I don't like that option.
Another option is only buying music online in MP3 from sites like magnatune or emusic, or listening to free CC music. This is what I would do but it is not possible for me to listen to many popular artists this way (even if I want to pay). This would become very popular if DRM didn't exist. I'd definitely buy a lot more music.
The only way I can get MP3s of the music I want without having to encode a CD (bought or burnt from DRM) is currently illegally. That means piracy. That means they lost a sale. That means artists like Britney Spears and Eminem get no money and starve. To be honest (no offence to you Britney or Eminem if you're reading this) I don't care.
I have quick searches in firefox for the pirate bay and isohunt. I can get virtually any album I want in a few minutes.
DRM has stopped me from paying many artists. I do sometimes buy CDs of music I've downloaded if I want to support the artist.
What I'd like to see is artists offering MP3s for sale. They could also have a donate button on their websites for people who got the MP3s illegally but want to support the artist.
To summarise: DRM doesn't stop piracy, it just stops fair use. It is a tool used by distributors to deny ownership to the consumer after they have paid for a product.
That's a long post. Do I get any points for that? Let me know if you agree or disagree on my blog if you want.
Oh, yeah. And they call themselves "an antipiracy group"?
Come one! Convert DRMed mp3s into free-DRM mp3?
For what purpose... maybe having them on the internet in 3 seconds?
DRM does restrict the usage of the music purchased online. So an iTune song should work on Zen player. Does that mean Sony PS2 controller should work with XBox? Or does that mean my 3-sing binder should work for letter, A4 and all different sizes paper?
To Dave #58:
"DRM has stopped me from paying many artists. I do sometimes buy CDs of music I've downloaded if I want to support the artist."
You are not going to pay for the music CD to being with. Stop pulling the easy talk like this. By saying DRM has stopped you from buying music is like claiming wearing pants has stopped you from wanting to have sex! :-D
Very nice. There must be a global standard for DRMed music files. This is a good start point.
All I can say is this:
It's about fucking time.
Finally some government realizes you should be able to use what you pay for....
Hi,
Well, I m french and I can certify that the french peoples are against this f..king DADVSI law.
This law is against all the liberty rights ,liberticide ,and will make us all out the law.
Our Minister for the culture (Renaud Donnedieu de Vabres) an incompetent about the Web.
About interporabilite and DRM it is obvious that it is innaplicable in the world of high technologies and stupid.
For those who reads french, you can look a this site to see the reactions of french peoples : www.ratiatum.com
Feel free to add you comments.
A last word : if the DADVSI law exist we will be worst than China about human rights.
@Long (message number 28) :
I was reading the comments when I read something skocking :
"'The French are trying to create laws that give more freedom to consumers to use things they legally purchased. "
There seems to be a lot you ignore here. I am French, and I followed the voting of the law in France, day after day.
Here, in France, this new law (called dadvsi) has become a shame for the government. Not only they screwed the rights of consumers, but they forced to pass the law in some ways near a dictatorship. Deputies have requested the constitutional commity to examine these ways because they violated, according to them (and to most internet users), the constitution.
The ministry of culture is openly known for being corrupted by money (don't know how to phrase it exactly) : he has already been condemned by the court for hijacking money. He's also known to be the puppet of the Majors.
With this new law, the french right to make a private copy has been abolished : not officially, but now, French people are explicitly forbidden to make a backup of a DVD movie, and to remove a DRM. That means : burning with iTunes on a CD audio DRM-protected files is EXPLICITLY forbidden and heavily condemned.
This ministry has also declared illegal any use of software which is "obviously" aimed to copy copyrighted contents. What does that mean ? eDonkey is illegal ? FTP is illegal ? No one knows. Even your DMCA didn't involve this insanity.
Many deputies (and also among the UMP which have the majority at the government) were against. The "opposition" claimed the dadvsi project to me a major suicide for the country and the free software (Linux could also be considered illegal according to the way you interpret the full law).
The government voted this law after the opposition went out and didn't vote because they were never listened !
Some deputies were more clever, and the interoperability comes from there : seeing the law couldn't be criticized, the deputy proposed an amendment to the law for interoperability. A swear to everyone here, after months of seeing this circus day by day, that the deputies don't know how internet spirit works. They accepted the interoperability without seeing it went against the entire law. There, you see th interoperability as a "free will to consumers". On the contrary, it is a worm put into the apple. The law is the apple, and the appls is deeply rotten. But the worm could be what could permit the law to fall and be dismissd by the senate.
The French internet community (especially people who are for the free software) is COMPLETELY against the new law which is largely compared to China.
One other thing : the law forbids to "talk" ! You cannot talk on a forum and say "burn an audio CD with iTunes" : it is illegal now in France !
Our DADVSI is farly more catastrophic than your DMCA.
You who say you hate France: Go to hell, die alot and eat sh*t.
No wonder you have a president with 85 IQ, really reflects what people who live over there.
And no, Im not french.