Technology Liberation Front - Latest Comments in French Not So Sensible After All?

Re: French Not So Sensible After All?

Ed Felten — Thu, 23 Mar 2006 08:00:21 -0000

As I understand it, the French bill contains both DMCRA-like reforms (which you like) and the open design requirement (which you don't).

The open design part won't have much effect. The main barriers to interoperating with FairPlay are legal, not technical. It's not that hard to figure out the information you need by reverse engineering. If the French want interoperation, all they have to do is make sure that reverse engineering and interoperation are clearly legal, and the market will take care of the rest.

Re: French Not So Sensible After All?

Tue, 21 Mar 2006 20:47:39 -0000

This isn't so bad. It means that Apple has to release the code for FairPlay so others can use it, it doesn't mean they have to convert it for you. Creative won't bother making it directly compatible because that's a pain. Instead we'll get legal file converting software that removes the DRM to make it compatible with whatever you like. Will Creative provide such a program themselves? Well, it would be to their advantage...

Re: French Not So Sensible After All?

bradencox — Tue, 21 Mar 2006 18:35:49 -0000

This is forced access! It's one thing to become interoperable using the Section 1201(f) exemption. This section of the DMCA makes it legal to circumvent protection measures by reverse engineering for the purpose of enabling interoperability of an independently created computer program with other programs. This is not forced sharing. But to mandate sharing? I can see it now, a new government agency called the Office of Escrowed Source Code for Interoperability.

Re: French Not So Sensible After All?

James Gattuso — Tue, 21 Mar 2006 16:47:10 -0000

In case there's any doubt, the Reuters report on this legislation (which was passed today) makes it clear that the bill goes far beyond just ALLOWING users to bypass DRM. According to Reuters:
The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material--known as digital rights management (DRM)--to allow the conversion from one format to another.

"The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material--known as digital rights management (DRM)--to allow the conversion from one format to another."

"Any interested party can ask the court...to get a supplier (of content)...to provide information that is essential for 'interoperability,'" France's new copyright law states, so that content can be read on any hardware support."

This is forced access regulation, not a DRM law.

Re: French Not So Sensible After All?

Tim — Tue, 21 Mar 2006 15:08:48 -0000

This isn't a subject I know very much about, and the thing that makes it particualrly complicated is the relationship between the EU and its member states. The EU Copyright Directive passed the European Parliament in 2001, and according to Wikipedia, the French government is required to implement it or face sanctions.

I believe that the EUCD contains provisions to the American DMCA, and that the original version of the French legislation followed the EUCD. What's being discussed now are amendments to the anti-circumvention provisions of the legislation.

So it seems the French government had to pass something to comply with the EUCD, which in turn is supposed to implement the 1996 WIPO treaty.A Boucher-like amendment to the vanilla EUCD might be the best that can be hoped for under those circumstances.

But I'm far from an expert in European law, so I could be way off base.

Re: French Not So Sensible After All?

Jerry Brito — Tue, 21 Mar 2006 14:43:59 -0000

Tim, You're assuming that in France there is a DMCA equivalent that prohibits circumvention and to which this new law is aimed. Do you know if that's the case? If not, then maybe circumvention for fair use purposes was perfectly legal and this new law is even worse than we imagine since it's not really solving a problem. -JB

Re: French Not So Sensible After All?

MikeT — Tue, 21 Mar 2006 12:39:09 -0000

Yes, James is right. Giving France the benefit of the doubt is generally the worst thing you can do.

Re: French Not So Sensible After All?

James Gattuso — Tue, 21 Mar 2006 11:57:17 -0000

When in doubt, just assume its regulatory if it is from France.