If approved by the French Senate, the copyright measure is
likely to hit Apple hardest. It holds the largest slice of the
legitimate French music download market.
Apple has always refused to share its digital rights
management (DRM) software, known as FairPlay. Music downloaded from
Apple iTunes will only play on a computer or an Apple iPod. It will
not play on a rival MP3 player. Microsoft and Sony do the same with
their proprietary formats.
The French bill seeks to make the separate systems interoperable
with each other, by forcing the firms to make their DRM software
available for scrutiny by competitors. This, it is hoped, will give
consumers more choice and open the market to competition.
But critics fear that the law will reduce the effectiveness of
copy-protection systems and of copyright itself.
According to John Kennedy, chairman and CEO of music industry
group, the IFPI: “The recording industry fully supports
interoperability because it is important to consumers to have the
ability to move songs between their various listening devices.
Interoperability is crucial to attracting consumers to buy music
online, but it should not be at the cost of endangering the
technology used to enable legitimate offerings of music and
services online.”
Rumours are circulating that Apple is more likely to withdraw
from the French market altogether than open FairPlay to rivals.
Apple has not commented on the rumours. Speaking to Reuters,
Apple spokeswoman Natalie Kerris warned that “The French
implementation of the EU Copyright Directive will result in
state-sponsored piracy".
"If this happens, legal music sales will plummet just when
legitimate alternatives to piracy are winning over customers," she
added.
According to reports, the bill also seeks to impose fines of €38
to €150 on individuals caught downloading or uploading films or
music at home. Those found guilty of creating or distributing
software used in illegally downloading digital music or movie files
could face a fine of €300,000 and three years in prison.
The bill was approved by 296 votes to 193 in the National
Assembly yesterday. If approved by the French Senate, it will
become law.
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