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France retreats from DRM interoperability push

by Tom Sanders in California

12 May 2006

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The French Senate has adopted an amended version of legislation to define access rights to digital content
The French Senate has dropped a provision that would have outlawed closed DRM technologies such as Apple's FairPlay

The French Senate has adopted an amended version of legislation to define access rights to digital content. 

Members of the Senate made a major change to the law by dropping a provision that would have outlawed closed digital rights management (DRM) technologies such as Apple's FairPlay

This proposal aimed to promote interoperability between media formats and devices, but such interoperability is no longer required by law.

The provision was meant to ensure that consumers could play digital content on any of their devices. Music purchased in Apple's iTunes store, for instance, can only be played on an iPod or a computer running the iTunes software.

The proposed rule changes prompted fierce opposition from Apple, prompting Steve Jobs to compare it to a " state-sponsored culture of piracy".

Analysts had suggested that the law could force Apple to retreat from the French market altogether, rather than face a requirement to open up its FairPlay DRM.

The French National Assembly passed the original version of the law in March, but will not be allowed to vote on the changes.

Instead a 14-member joint committee will be formed from Assembly and Senate members seeking to reach a compromise on the final text.

The Senate did provide a copyright exemption for educational and research applications.

The copyright law threatens illegal downloaders with a €38 fine per song. Individuals or organisations which market software aimed at copyright violations could face a three-year jail term and a €300,000 fine.

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