France is drafting a law that would require Apple Computer to open its iTunes online music service to allow users to download songs and listen on various devices, rather than just being compatible with the popular iPod.
The draft law is set to be voted on by members of parliament next Thursday, which would legally enable users to employ software to convert digital content into other formats.
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If this happens, the illegal circumvention of encryption will not last long. Methods of encryption used to protect music, films, or other copyrighted content will be “removed” as we can intervene to convert from one format to another. Christian Vanneste Papporteur, a member of the French Parliament specializing in legal consulting, stated.
“This law will require ‘opening up’ some systems that have traditionally been kept proprietary… Users will be able to download content and listen to music, watch films on their personal devices,” Mr. Vanneste told Reuters in a phone interview.
For a long time, music downloaded from Apple’s iTunes online store has only been usable on iPod digital music players.
If passed, this law could potentially put Apple’s iTunes store in France in a precarious position, according to some experts in the field.
Representatives from Apple in France and the UK declined to comment when asked about this event.
The discussed law would also mean that other online music distributors such as Fnac (part of PPR) will have to make songs with copyrights from iTunes available on their websites in a “ready” state to facilitate user access.
Vanneste believes that the draft law aims to combat monopolies, encourage the development of the online music market in France, and generate profits for legitimate online music distributors.
The recording industry in France has seen a decrease of 8% over the past year, while digital music sales have increased fivefold. This activity accounted for 5.3% (equivalent to $259 million) of the total revenue in 2005 for Universal Music Group, the world’s largest record label owned by France’s Vivendi.
According to the first draft of the new law, individuals downloading illegal content would face a fine of 38 euros; if they distribute illegally downloaded products to others, the fine would increase to 150 euros. Those designing and selling software for sharing music files and other illegal content could face fines up to 300,000 euros and jail sentences of up to three years.
Police departments would be required to monitor music exchange websites and trace the email addresses of beneficiaries by obtaining information from internet service providers, and bring cases to court.
The legislative text will also address the protection of copies of legally downloaded content, but personal copies may be limited and subject to validation. DVD editions may also be included in the law’s protections, Mr. Vanneste mentioned.
Mr. Marc Guez, president of the French Music Producers’ Copyright Association (SCPP), noted that the law will not take effect until June 2006 due to the need for agreement from parliamentary member councils.
Duy Hiep
