Vote on iPod-threatening French draft law slated for Tuesday
Apple Computer could on Tuesday be forced to open up its digital music business to competitors after a vote in the French parliament, notes The Financial Times.
The iPod maker would ultimately have to choose between making iTunes downloads compatible with rival platforms or pulling out of France if, as expected, the parliament in Paris approves a draft copyright law, according to the report.
The law would also allow rivals to serve up tunes to iPod users through their own online music download services.
Digital Rights Management (DRM) software embedded in tracks downloaded from Apple's iTunes Music Store prevents them from being played on digital music players other than an iPod, but the French bill seeks to impose "interoperability" on online music stores and break Apple?s closed system.
"It is unacceptable that... the key should be controlled by a monopoly. France is against monopolies," Martin Rogard, an adviser at the French Culture Ministry, told The Financial Times. "The consumer must be able to listen to the music they have bought on no matter what platform."
Rogard said it was "desirable" that France led in this respect, but hoped that it was the start of a Europe-wide move to open up digital music.
However, opponents of the draft law say forcing Apple to admit competitors to a market it was instrumental in creating is sending the wrong signal to technology companies.
CompTIA, a trade association, reportedly said the law was the latest in a series of measures in the European Union that were "punishing inventors and stifling innovation."
Apple is reportedly waiting for the law to be passed before making any comment.
The iPod maker would ultimately have to choose between making iTunes downloads compatible with rival platforms or pulling out of France if, as expected, the parliament in Paris approves a draft copyright law, according to the report.
The law would also allow rivals to serve up tunes to iPod users through their own online music download services.
Digital Rights Management (DRM) software embedded in tracks downloaded from Apple's iTunes Music Store prevents them from being played on digital music players other than an iPod, but the French bill seeks to impose "interoperability" on online music stores and break Apple?s closed system.
"It is unacceptable that... the key should be controlled by a monopoly. France is against monopolies," Martin Rogard, an adviser at the French Culture Ministry, told The Financial Times. "The consumer must be able to listen to the music they have bought on no matter what platform."
Rogard said it was "desirable" that France led in this respect, but hoped that it was the start of a Europe-wide move to open up digital music.
However, opponents of the draft law say forcing Apple to admit competitors to a market it was instrumental in creating is sending the wrong signal to technology companies.
CompTIA, a trade association, reportedly said the law was the latest in a series of measures in the European Union that were "punishing inventors and stifling innovation."
Apple is reportedly waiting for the law to be passed before making any comment.
Comments
This has all been proposed in the name of the consumer but in fact it's a steaming pile of xenophobic horse dung. I just hope the rest of the EU don't follow suit.
People should be able to legally break DRM to support their fair use rights.
Originally posted by dansgil
This is ridiculous! People aren't forced to sue iTunes! If they want interoperability, they can use something else.
..which is invariably less useful hence the success of iPod/iTMS.
The whole point of Apple's end-to-end approach is that it benefits the consumer by providing a cohesive, design-driven system that actually works. By taking a can-opener to it you get a compromised system that hypothetically works but actually falls short & the consumer (instead of the designer - if there even was one) is left feeling inept.
Close iTMS France, just in case!
McD
I understand that markets are changing, but so far I think there hasn't been enough public debate about a contemporary definition of fair use, copyrights, and consumers' rights when buying digital content, like iTMS songs.
France bringing this issue to court seems to be a good way to do that.
I don't know about the US, but in Europe we have a tradition of anti-kartel laws. Although it may sound anti-business, the intention of law-suits like this is pro-business.
"We" think is is not acceptable for a company to be the only player in a market. If necessary, such companies will be forced to allow competition, because a market without competition is not considered a healthy market.
For the same reason it is also illegal for competing companies to make deals about minimum prices for their similar products, because that would allow them to keep prices unreasonably high. Again not considered healthy.
Also, competitors of privatised companies (formerly owned by the government) are usually given certain benefits, in order to create fair competition.
So, to answer your question Gates of Hell, this type of action is also taken against autochtone companies.
Bringing this case to court is not a personal act, it is about asking a judge, as a representative of "the law" to make a decision and maybe set a precedent.
Ok, so a DRM is maybe not quite as drastic, but the principle is the same I think.
Originally posted by SMQT
oops...
Well stated! Apple does not have a monopoly on music, and music is the commodity here. There are all sorts of companies that sell music in other ways - brick & mortar stores, websites, Napster, etc. Apple just has a great delivery system - iTMS and iPods.
BTW - the judge here should be the consumer, not the government or courts. There are plenty of iPod wannabes that can play downloaded or ripped music.
Originally posted by dansgil
This is ridiculous! People aren't forced to sue iTunes! If they want interoperability, they can use something else.
If they want interoperability they should buy a CD so they can rip it in any format to any device they want!
Originally posted by jwdawso
Well stated! Apple does not have a monopoly on music, and music is the commodity here. There are all sorts of companies that sell music in other ways - brick & mortar stores, websites, Napster, etc. Apple just has a great delivery system - iTMS and iPods.
BTW - the judge here should be the consumer, not the government or courts. There are plenty of iPod wannabes that can play downloaded or ripped music.
I was just elaborating on the reasoning behind this case.
My opinion is that there should be (a) more public debate about consumer's rights in regard to digital products.
Right now I think not a lot of consumer are aware of the possible consequences that things like DRM have on their position as a consumer.
I'll be checking out the outcome of this case.
Yeah, music is sold in stores, on vinyl etc, and maybe in the end it boils down to whether you believe in government interference in the economy...
But still, don't you think it's weird that you buy music and then are limited in your (personal) use of it? Do you think this is a good route for businesses to take? Is it good for development of music and businesses?
Or is DRM protected music like buying a nice, sweet apple, and then not being allowed to digest all the vitamins and healthy goodness inside of it?
Then they'd realize that MS doesn't make a WMP that works on those other OSes, and that digital music bought from those WMA stores won't even work on Macs and Linux computers. Where's the interoperability in that? At least Fairplay DRM songs work on both Macs and PCs.
I hope Apple sues France, and stops selling iPods and iTMS songs in France until it's resolved.
Originally posted by SMQT
...
Yeah, music is sold in stores, on vinyl etc, and maybe in the end it boils down to whether you believe in government interference in the economy...
But still, don't you think it's weird that you buy music and then are limited in your (personal) use of it? Do you think this is a good route for businesses to take? Is it good for development of music and businesses?
...
I'm limited in the use of everything I buy. When I buy any type of media, I'm limited to using it on the types of devices that play it. I can't play my CDs on my cassette player, or my DVDs on my CD player, or my Mac software on my PC, or my PS2 games on my Xbox, or my DS games on my PSP, or my VHS tapes in my DVD player, or my protected WMA downloads on my Mac, or my CinemaNow/MovieLink downloads on my Mac, etc. In every case, I have to buy the right type of playback mechanisms in order to use the content I've purchased.
If France goes through with this, they better go all the way. Audiobooks, software, video games, videos/movies, etc. In short, anything that can be downloaded.
Eff the french.
When the day comes that politicans start running businesses instead of business people, then we've entered the soviet model and we all know how that ended up.
Originally posted by sc_markt
Who in the eff are the French to think that they can tell another company how to run its business model? NOBODY is forcing people to buy iPods and there are other competing systems available. I hope Apple somehow gives them a big F-YOU.
Eff the french.
When the day comes that politicans start running businesses instead of business people, then we've entered the soviet model and we all know how that ended up.
ok, you're kind of overreacting.
Originally posted by mark2005
If France is against monopolies, why haven't they forced all software companies to sell software that works on Windows, Mac, and Linux? Why haven't they forced all game software companies to make games that work on PS2, Xbox, and Nintendo? Isn't music just another form of software for devices?
Actually games and software ARE available on multiple platforms.
Besides, in a lot of cases it could be argued that machine + OS/Games are built for eachother, which in the case of iPod + iTMS is not true.
I think the main argument for this case would be that Apple is actively limiting the use of music, and the reason WHY they limit it.
Their music is basically playable on every player, but limited by Apple.
That's different than an MP3 player not playing WAVs, or software not being runnable on any platform, which are technical issues and choices. Not being able to play CDs in a casette player, is physical.
It could be argued that Apple isn't the sole inventor of MP3s etc, they built on the efforts of a society that they're a part of, that made computers, software, and as such they are "endebted" that society.
If they are limiting what they first "took" than that could be considered unfair.
And what if they do this, in order to exclude others that basically have the same moral rights to this evolved product?
That's like having a car, refusing to pay car-taxes, and driving everybody else off the road because you want it all for yourself.
And then looking surprised because you got fined.
But again, I think you need to consider this law suit as a question, more than a statement. French government is asking French law to think about something to do with DRM.
These type of questions have to be precise and limited in order to lead to workable solutions, so they pick a clear example like Apple.
If people will be allowed to break DRM, then indeed other digital products like audiobooks and software might be looked at again in France and maybe Europe.
Originally posted by sc_markt
When the day comes that politicans start running businesses instead of business people, then we've entered the soviet model and we all know how that ended up.
Didn't Microsoft get fined by the US not too long ago?
http://www.google.com/search?q=bill+gates+antitrust
The lock-in is highly artificial, not based on cpu or APIs like game consoles but by encryption. I really don't like the idea that an already degraded source has to be degraded again to use it on another media player.
Originally posted by JeffDM
I think this legislation has a point, though I wish that market forces had turned it rather than the government, but maybe the market is broken here, necessitating intervention.
The lock-in is highly artificial, not based on cpu or APIs like game consoles but by encryption. I really don't like the idea that an already degraded source has to be degraded again to use it on another media player.
I wish I had your editor: my answers are WAY too lengthy
as the French were right for Irak, i think they're right for the iPod (uhuh, sorry i couldn't resist)
i want to be able to play on my PSP the music i buy on iTunes (long story short).
when you buy a DVD, you can play it on your powerbook, in your sony dvd player, in your panasonic portable dvd-player. same with a CD.
why would my music be stuck on my powerbook and my iPod?
i love iTunes, i love Apple, but i just think that Apple DRM is not fair and kills competition.
olivier