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French 'iPod Law' Visits Dentist
Teeth Removed From DRM Legislation
The International Herald Tribune reports the French Constitutional Council has declared major aspects of the so-called iPod law unconstitutional. The legal broadside, released Thursday, eliminated some fines imposed for file sharing and said companies could not be forced, without compensation, to make music sold online compatible with any music device. Apple protested an earlier ruling, and even threatened leaving the French market. "The Constitutional Council has highlighted fundamental protections for intellectual property in such a way as to put iTunes a little further from risk of the French law," offered Dominique Menard, a specialist in intellectual property. French DRM legislation, swinging like a meth-crazed pendulum, has changed so frequently of late a score card may be needed. TechDirt offers a brief synopsis.
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FFH5
Premium Member
join:2002-03-03
Tavistock NJ

2 edits

FFH5

Premium Member

Clarification on fines for copyright infringement

»French 'iPod Law' Visits Dentist
The legal broadside, released Thursday, eliminated fines imposed for file sharing
That statement is a little misleading. What the judges eliminated was "LOWER FINES" in the legislature's new law. It left the higher and criminal consequences in place from earlier laws.

»techdirt.com/articles/20 ··· 28.shtml
However, the law did carve out a lower level of punishment for copyright violations, noting that copyright infringement is different from stealing tangible property.

A little more worrisome, however, is that the council took out the lower levels of punishment, saying that personal copying really is no different than professional counterfeiting -- which doesn't make much sense. Either way, we're actually back where this whole process started. Folks who are caught sharing music or movies in France may now face jailtime and huge fines. So much for the consumer "revolution" there.
liquidnw
join:2005-06-05
Bronx, NY

1 recommendation

liquidnw

Member

Amazing

People bitch an moan about Microsoft Monopoly but apple get a complete pass. It unconstitutional to force Apple to open there system but its ok to force MS to open there operating system to competitors. Before people call me a M.S. apologist I'm all for MS being less monopolistic but the double standard is amazing. You think if MS coming ipod rival some how takes 80 market share there would be a rush to fine and open up there music player.

bear73
Metnav... Fly The Unfriendly Skies
Premium Member
join:2001-06-09
Derry, NH

bear73

Premium Member

Re: Amazing

It all comes down to market share. MS is an 8,000 lb gorilla in the theatre. Apple, even just looking at the iPod, does not have a strangle-hold on the market segment. They hold sway- for sure, and led the charge (thank the heavens!) but they are not the only game in town. MS is, for all intents and purposes, the only game in town. Yes, there are alternative OS out there, but the overwhelming majority of software and hardware is Windoze designed and compatible. Linux family software have emulators to run Win proggies, Mac will now run Win variants... its a Windos world.
kdandaoc
join:2003-10-13
608052427

kdandaoc

Member

Re: Amazing

As a small business owner thats runs windows server 2k3, it makes me sick to get nailed with licensing fees and then watch Bill and Melinda hand out 100,000,000 dollars to an inefficient schools system.

Mike
Mod
join:2000-09-17
Pittsburgh, PA

Mike

Mod

Re: Amazing

....then don't use it?

vpoko
Premium Member
join:2003-07-03
Boston, MA

2 edits

vpoko to kdandaoc

Premium Member

to kdandaoc
said by kdandaoc:

As a small business owner thats runs windows server 2k3, it makes me sick to get nailed with licensing fees and then watch Bill and Melinda hand out 100,000,000 dollars to an inefficient schools system.
Yeah, giving that money to you would be much more worthy.

I don't know what's worse, that you think you have a right to use Microsoft's product without paying Microsoft's licensing fees, or that you don't think Bill and Melinda Gates should contibuting to charity from their personal fortune.

Quake110
Premium Member
join:2003-12-20
Ottawa, ON

Quake110 to kdandaoc

Premium Member

to kdandaoc
Then use another Server OS such as: Linux, FreeBSD...

GilbertMark
Premium Member
join:2001-05-02
Gilbert, AZ

GilbertMark to bear73

Premium Member

to bear73
"Apple, even just looking at the iPod, does not have a strangle-hold on the market segment. "

Oh yes it does.

brooklynman4
join:2004-09-07
Brewster, NY

brooklynman4

Member

Re: Amazing

Well the have the ipod killer coming out and they wil have file sharing so whats the big deal.
liquidnw
join:2005-06-05
Bronx, NY

liquidnw to bear73

Member

to bear73
said by bear73:

It all comes down to market share. MS is an 8,000 lb gorilla in the theatre. Apple, even just looking at the iPod, does not have a strangle-hold on the market segment. They hold sway- for sure, and led the charge (thank the heavens!) but they are not the only game in town. MS is, for all intents and purposes, the only game in town. Yes, there are alternative OS out there, but the overwhelming majority of software and hardware is Windoze designed and compatible. Linux family software have emulators to run Win proggies, Mac will now run Win variants... its a Windos world.
Sound like the typical bs to justify double standard. Apple has just as much as if not more of a strangle hold on digital music. They have a freaking 80% share what else would you call strangle hold? By the way there are alternatives to Windows if some one really whats to get rid of it. Whether you want to run databases to webservers to email servers, etc you don't have to run windows. Outside of gamers there are comparable programs which run on linux.

As far is being locked in, who is more locked in than ipod owners. You can't use a different digital music player with itunes and you can't use your ipod with other digital music stores. So if you really want to switch you would have to buy all your songs/movies over again. Yeah sounds really fair and not monopolistic. I'm sure if it was the "Microsoft IPOD" every one would be screaming bloody murder on that one.
vinnie97
Premium Member
join:2003-12-05
US

vinnie97

Premium Member

Re: Amazing

You've outlined the main reasons why I never installed Itunes and never plan on doing so.

I got a Nano only to install Rockbox but it's too bad Apple won't notice the difference. It will be the last Ipod I purchase.
wildstyle
join:2002-09-24
Salinas, CA

wildstyle to liquidnw

Member

to liquidnw
said by liquidnw:

said by bear73:

So if you really want to switch you would have to buy all your songs/movies over again. Yeah sounds really fair and not monopolistic. I'm sure if it was the "Microsoft IPOD" every one would be screaming bloody murder on that one.
there are wasy around this.....
i use urge for dl music and have them on my ipod
liquidnw
join:2005-06-05
Bronx, NY

liquidnw

Member

Re: Amazing

said by wildstyle:

said by liquidnw:

said by bear73:

So if you really want to switch you would have to buy all your songs/movies over again. Yeah sounds really fair and not monopolistic. I'm sure if it was the "Microsoft IPOD" every one would be screaming bloody murder on that one.
there are wasy around this.....
i use urge for dl music and have them on my ipod
Just as there are ways around using windows but its not that simple for the average non technical user who doesn't know how or wants to spend the time to get around the drm. This defense of apples practices in the digital music world just prove the fact that its just fashionable to hate and bash MS and love apple even though they both have the same monopolistic practices in there respective bread and butter products.

ifarrell
join:2000-08-10
Willow Spring, NC

ifarrell to liquidnw

Member

to liquidnw
said by liquidnw:

People bitch an moan about Microsoft Monopoly but apple get a complete pass. It unconstitutional to force Apple to open there system but its ok to force MS to open there operating system to competitors. Before people call me a M.S. apologist I'm all for MS being less monopolistic but the double standard is amazing. You think if MS coming ipod rival some how takes 80 market share there would be a rush to fine and open up there music player.
Apple did not use it's market share to manipulate makers of Audio Players to use it's system nor did it force PC makers to use it's software.
Apple makes a easy to use product that at least 75% of consumers want right now, plain and simple.
liquidnw
join:2005-06-05
Bronx, NY

liquidnw

Member

Re: Amazing

said by ifarrell:

said by liquidnw:

People bitch an moan about Microsoft Monopoly but apple get a complete pass. It unconstitutional to force Apple to open there system but its ok to force MS to open there operating system to competitors. Before people call me a M.S. apologist I'm all for MS being less monopolistic but the double standard is amazing. You think if MS coming ipod rival some how takes 80 market share there would be a rush to fine and open up there music player.
Apple did not use it's market share to manipulate makers of Audio Players to use it's system nor did it force PC makers to use it's software.
Apple makes a easy to use product that at least 75% of consumers want right now, plain and simple.
Ok, number one apple is a pc maker and they force bundle itunes with there computers/OS. Lets not act like the ipod cures cancer. The truth is the ipod is more of a fashion statement than anything. There are players out there that in many peoples opinions are better and are just as easy to use. Apple just happened to be first out the gate and locked in so many people. The problem is joe six pack or a kid that just wants to be "cool" doesn't realize that there locked in for life unless they want to repurchase everything. I will say it again the double standard is amazing. How ever you want to spin it they should be forced to open itunes to other players. If as you say the ipod is so great then they have nothing to worry about right? Everyone will still buy and use a ipod.
GhostDoggy
join:2005-05-11
Duluth, GA

GhostDoggy

Member

Who cares what the French do?

Sorry, maybe someone on the French version of DSLR cares, but I do not. I doubt anything of precedence will be taken from them. And until I move to France or a french-controlled colony, their dictates, or way of life, mean nothing to this American citizen and consumer.