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France seeks to fragment Apple's core

by wchurchill Tue Mar 21st, 2006 at 08:59:10 PM EST

This is absurd on the part of the French government.  

The iPod in digital music, the Playstation 2 in video games, the BlackBerry in portable e-mail: some of the technology industry's biggest recent successes have been built around closed systems with a tight connection between hardware, content and services.

According to the industry's received wisdom, these closed systems are characteristic of new technology markets in their infancy. The tight connections make life easier for consumers, who otherwise would find it hard to tap into the new digital applications and content.

According to French legislators, however, too much success for new digital platforms might pose a threat to consumers, potentially leaving one company with excessive power as a gatekeeper in the digital media world.

IMO this kind of action makes sense in markets that are dominated by a monopolist, who utilizes a "bundling" strategy to effectively prevent competitors from entering the market.  Thus in the late '60's, the US anti trust department brought suit against IBM because they were basically giving away the software (tying it into the hardware) which was slowing the development of a new software industry.  There was no real competition on the hardware side, so the governement's position was basically that IBM could set their hardware prices high enough to cover the software that was tied into the package--keeping a monopoly.  (this is a simplistic but reasonably accurate characterization, IMHO).  

but in this case, there is no monopoly.  Yes Apple has a lead in an industry where leads are notoriously lost quickly.  But there are all kinds of MP3 players; all kinds of ways to download music.  Apple's new product is clearly a huge success because it gives people what they want.  The competitive markets will take care of this "problem (?)".

And I obviously don't understand the French political system, but what in the world is a legislature doing getting involved with this?  There is an EU court for reviewing monopolies, and practises of monopolies.  Why don't they address the issue?  How does this make sense for a legislature, with limited understanding of competitive markets, or of technology markets, or of monopolies, or the practises of monopolies,,,,how does this make sense?

The lower house of the country's parliament on Tuesday approved a law that would break the tight link between the iTunes online music store and the iPod portable player. By requiring that songs bought from iTunes - or from any other digital music site - can be played on any music players, the French law seeks to break down the barriers created by incompatible "digital rights management" formats, the copyright protection software that limits where and how music can be played.
The decision has sent tremors through the wider technology world. Among industry analysts and groups, the proposed law has been roundly condemned as ill-conceived and potentially disruptive to the first successful business to be built around digital music.
IMHO this is a horrible example of governments sticking their big noses into business affairs where they do not belong, and are best handled by the competitive market.  I would be very appreciative of someone explaining the logic, or the background of this action.  Am I missing something here?


Display:
I think you may be. Let's look at might what happen if, say, downloads become the only way in which you can purchase music at reasonable cost. This is not so unlikely as the production, packaging, distribution and store costs of selling music on fixed storage media like CDs are only going to increase as production runs get smaller with the greater popularity of downloading.

Now let's look at what would happens when a "record label", say Carcountry Records, signs an exclusive deal with one distributer, say "Banana", with a unique encryption or compression method. Banana refuse to allow others to use their decryption method and as well as running the download site, sell players which are the only ones which will decrypt Banana encoded music although they also play MP3s or their open source successors. Now your favorite group, say Orange Peel, sign a recording deal with Carcountry. If you do not have a Banana player you will not be able to get a copy of their recordings. Put it another way, you will be forced to go out and buy a Banana player to listen to  Orange Peel.

The situation would be exactly the same as happened in the very early days of video recordings where you could only get certain studio's movies in Betamax or VHS or could happen if say Sony Pictures only release on Blu Ray and Warners only release on HD-DVD. Unless you have a player that will cope with both, you will be forced to buy two units to access the full range of movies.    

For music there is another aspect. More and more new artists are releasing their recodings over the web and establish themselves before signing recording contracts. If they could only use free encoding, their potential fans who only have Banana players would not be able to hear them.

by Londonbear on Tue Mar 21st, 2006 at 10:36:55 PM EST
You make a good logical theoretical argument.  What you describe could happen.  But in the US, and I think at the EU level of anti-trust (I don't know about France), these issues are not decided based upon outcomes that might happen.  The decisions are taken based upon what is, what has happened.  So whether or not a company is a monopoly, is based upon the actual market share--and in the US there are a number of legal rules that determine what market share is required for monopoly, what combined market shares are required for too much market concentration.

The problem with anticipating these developments in business, is there are so many factors that could determine what could happen that you can't accurately predict.  While your example is certainly possible, alternatively would groups like U2 sign up with one method of distribution.  (As you probably know, U2 did a market promo with Apple on the release of one of their albums in conjunction with the release of an upgraded Ipod.  But they would not sign an exclusive with Apple, because it just wouldn't make business sense for U2 to limit their market access).  But not to argue the specifics here, my main point is these decisions are normally made based upon what is, not what could be, because markets are so dynamic that any projection could be far off base.  

And would you want politicians, in their infinite wisdom, deciding on how markets like pop music, linked with new technology, and coming technology, should be run?  What a frightening thought--50 year old guys, with little intuitive feel about these technologies and markets, open to influence by lobbyists representing Apple, Sony, Microsoft, etc, etc.....  <shudder>

by wchurchill on Wed Mar 22nd, 2006 at 02:12:49 AM EST
[ Parent ]
WChurchill, you take a theoretically sound position on the role of closed formats in innovation, but in this case there is a lot of additional context, as provided in Alex in Toulouse's diaries on the DADVSI law. (See here  and follow the links after "past diaries on the topic".)

In a nutshell, the EU had a directive that had to be transposed into French law, and the "majors" (Sony and Vivendi, mostly) convinced technically ignorant French ministers to draft a horrendous law. Since the government did not understand its own law, the opposition was able to introduce reforms that, in addressig the worst aspects of the law, also rendered it completely unenforceable and inoperative.

In its original form, this law would have been the death of domestic software innovation (as represented by, for instance, nuxeo. In its present form, it will force cause friction with Apple because it will require it to open its iTunes format.

Now, Apple is selling three things: a hardware platform (iPod), a software application (iTunes) and media content (music downloads). There is no question that Apple should be able to sell proprietary hardware and software, but if Jow User wants to install a different "operating system" (i.e., an open version of iTunes, or dedicated software to use the iPod to read e-books) they should be able to do it. This requires that Apple provide some basic specs about the iPod, not that Apple disclose the full blueprint. Even more importantly, iTunes is only supported on Mac and Windows. I can't safely use iTunes on Linux. I am not going to demand that Apple release a Linux version of iTunes if they don't want to, but they could release the specs to voluntary software developers who are actually willing to make iPods fully interoperable with Linux for free.

So, the issues Londonbear is talking about are not "outcomes that might happen". They are happenning all the time, and in the computer hardware and software industry the pace of innovation (or of forced obsolescence) is so quick that by the time you or I find out about an issue, the next generation of products is already in the market creating the next generation of frictions.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 02:45:19 AM EST
[ Parent ]
So, the issues Londonbear is talking about are not "outcomes that might happen". They are happenning all the time, and in the computer hardware and software industry the pace of innovation (or of forced obsolescence) is so quick that by the time you or I find out about an issue, the next generation of products is already in the market creating the next generation of frictions.
You and Londonbear have both made excellent points.  And in some ways you challenge the "traditional" antitrust laws, which require events to play out, before legal action can be taken.  And I concede that your points on the rapid change in technology, challenge some of the traditional thinking.  But I would ask, do you think this is true, not only in the specific sense you cite, but in a more generalized application of the principle?
but if Jow User wants to install a different "operating system" (i.e., an open version of iTunes, or dedicated software to use the iPod to read e-books) they should be able to do it.
Apple's strategy is and has been one of providing users with packaged products, and making it easier for the tech dunces (moi) to use them.  Now in general, most would agree that strategy killed them in the initial PC days, where Microsoft chose a more open strategy and wiped them out,,,or almost out.  But I think your argument sets out new standards, different than the old anti-trust standards requiring market share dominance.  And I'm not sure that is good,,,,in the sense of discouraging innovators, who combine technologies making things easier for the dunces, from producing unique products like the Ipod.

I'm very open on this dialogue, but somewhat afraid that the "assimilator companies" may be put at a disadvantage.  And I don't think the normal anti-trust rules would apply here, do you?  Your and Londonbear's thoughts?

by wchurchill on Wed Mar 22nd, 2006 at 03:06:59 AM EST
[ Parent ]
Hasn't the iPod already made more money for Apple than it took to develop? Just look at the results of the recent launches of M$ Xbox, Sony PSP, and iPod nano...

Also, there are lots of companies producing hardware that is compatible with iPods (e.g., Bose docking stations). They presumably do in under non-disclosure agreements but here I ask, how long will it take a competitor to prototype, test, mass-produce and market generic iPods once the blueprint is released? 12 months? By then, Apple is already rolling out its next product.

Anyway, I don't know much about business management so I can't tell you anything cogent about how this stuff will impact innovation. But I suspect not much. It's just that the business models will change, as will the time scales. But Linus Torvalds once said given enough eyeballs, all bugs are shallow, meaning that errors in computer software are fixed the faster, the more people have full access to the source code. This is very important for computer security. The Linux model is that when a security vulnerability is discovered it is made public immediately so people can take crude countermeasures, and lots of people can immediately get to work independently on fixing it, which usually happens within days if not hours (depending on the severity of the flaw). The proprietary model is: cross your fingers, and wait for M$ to release a patch. If you're a large company with competent IT people, they are not allowed to write you a quick-and-dirty fix while you wait for the upstream support to give you the definitive one.

I recommended your diary not because I agree with your position, but because this is a very important debate and I want people like Alex to see it on top of the recommended diary list so thay can chime in. I'm an amateur, he programs computers for a living.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 03:21:44 AM EST
[ Parent ]
i need some time to think about your commetns and assimilate them--its 12:30 pm here.  but one quick reaction to one comment
I recommended your diary not because I agree with your position, but because this is a very important debate and I want people like Alex to see it on top of the recommended diary list so thay can chime in. I'm an amateur, he programs computers for a living.
I do this as well, and hope we are all doing this,,,,recommending diaries sometimes because we agree with them, but more importantly often because we think they are issues that the group should think about, and debate.
by wchurchill on Wed Mar 22nd, 2006 at 03:31:05 AM EST
[ Parent ]
Well, you and I have been very antagonistic in the past, I hope we can do better in the future.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 03:33:39 AM EST
[ Parent ]
me too. :-)
by wchurchill on Wed Mar 22nd, 2006 at 03:41:10 AM EST
[ Parent ]
these issues are not decided based upon outcomes that might happen.  The decisions are taken based upon what is, what has happened.

hmm. this phrase jumped out at me.

it sounds rational and reality-based, yet look at the way corporations are cheating and exploiting their consumers: commoditisation leads to eroding quality (ipod's easy-to-break hard drives, junk batteries etc), and apple's rep as a five star act declines as fast as their reach expands.

i think it resonates on a deeper level also as a right-wing mantra that government is always inefficient, and by fighting for the rights of people, the governments 'throttle business with red tape', 'impede natural flows of capital', 'drown good ideas in bureaucracy', 'erect barriers to profit, damaging share prices' etc, etc.

by inferring we will all end up with mediocrity and breadlines if we don't let our knight-plutocrats in shining armour screw us, they seek to impose world piracy-by-corporation, using fear of leninist nightmares as stick to herd us all into their silly 'brand loyalty' la-la-money-lagers, and all the hideous waste of propaganda they have to flood the airwaves with, to out-barrage their competitors (until they have merged with them anyway) to remind us they exist- as if we didn't know!

we pay our governments good money to protect citizen's rights. i'm not sure why it's france taking the lead on this, but it sucks that there is no itunes for linux, and i'm pleasantly surprised to see any country taking on the drm bad boys.

i am a longtime mac-guy, and it saddens me to see some of the quality loss in apple lately, as they go for ever huger market share.

slow is ok, small is good- commoditisation may seem as inevitable as a steamroller, but i believe it's the obstacles thrown in its way that define us as being human free choosers, not just stats in some shareholder report, or( yuck) 'consumers', a word that makes my hackles rise every time i see or hear it.

that's the problem: we are consuming the planet and not putting back into it to ensure any quality of life for our children.

the corporations are the chief villains in this sorry tale, and when government look to the future and try to steer the corporations to consider other aspects of their businesses (ethics, transparency, ecological responsibility) instead of helping them worship mammon even more, like they usually do, they should be congratulated, imo.

too too often politics is just the lipstick on the ugly pig of 'profit uber alles', and often too the two entities dovetail horribly, as in the 'defence' industries.

information is the new oil lubricating the new economies, and we don't want just a few 'texacos' and 'enrons' wasting our energy with their stupid, self-defeating attempts to corner markets, no matter what they teach in business school, or how relatively marvelous their original ideas were.

perhaps this quote also hints at a deeper philosophical divide: here in europe we want to look at the future and remain self-defensively aware of what can happen if one just reacts to the past as guide for policies...

maybe we don't want the equivalent here on the information highway of a long array of 'kfc's' and 'macdonalds'.

sure the future is unreal until it becomes the present, but this is not the wild west, and europeans should be glad one of our governments is making sure that access to online music should not come only at the prive of buying an overpriced, gimcrack-jeejaw that would have been a great idea, if it had stereo microphone/recording capacities as well.

actually even just as playback it's a good icon/design. i loved my ipod for the few months before light use that mysteriously broke it.

it's way too delicate for the job it's sold as being for.

perhaps the flash drive ones are better.

thanks for the quote, wchurchill. it succinctly encapsulates everything i believe i don't want europe to follow america's example in.

kudos!

 

'The history of public debt is full of irony. It rarely follows our ideas of order and justice.' Thomas Piketty

by melo (melometa4(at)gmail.com) on Wed Mar 22nd, 2006 at 04:45:53 AM EST
well, I'm still a very happy apple user.  and very disappointed that some legislative body would prevent them from providing to me, a product that I love and want.  If france says, and prevails in the world, that they can't creatively combine hardware, software, and services, in a way that I want--but instead has to take their creative work and offer it to everyone else, I think I, the small not so techy user, will lose.  
by wchurchill on Wed Mar 22nd, 2006 at 05:44:35 AM EST
[ Parent ]
Fair enough. How about Sony, Vivendi, Microsoft, even Apple lobbying the same legislative body to prevent techies from developing their own hardware and software in the public domain?

Read Alex's diaries to see where this mess actually comes from.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 05:50:39 AM EST
[ Parent ]
This is one more example of how ridiculous the whole DRM/software patent/infinitely extendable copyright situation is. If Apple wants to sell a proprietary system, they should be allowed to try to do so. And if nobody buys it because you can get the same content for nothing, too bad. The underlying problem is the artificial idea that somebody can "own" the words and melody to a song.

For example, in the U.S. if you go to one of our many "family restaurants" and let the waiter know that someone in your party is celebrating their birthday, the waiters will all come out and sing the official restaurant Happy Birthday Song. You won't recognize it, though, because the Happy Birthday Song that every body is familiar with, written almost 100 years ago, is copyrighted.

If you go to church and examine your hymnal, you'll find that the last 20 pages are a list of copyright owners--of verses written a couple of hundred years ago by somebody famous, and then politically correctified and copyrighted by some no-talent hack.

100 other examples. The situation is so ridiculous it's painful to think about.

"Why don't you tell the content owners to just get stuffed? Hollywood is not even a $10 billion industry. [It's] small compared to the telecom industry. Consumers don't want DRM at all. You can't sell DRM."

FvL: That's right. Unfortunately, the more you know about this, the more complicated the story becomes because the computer guys really see convergence as a huge new business opportunity for them. The way to get people to buy more computers is to get the home-theater PC machines going, because high-def video is one of the few applications that requires the power that the latest processors provide. Hollywood knows this, but Hollywood couldn't care less about convergence. Hollywood's main interest is the consumer electronics business. If you compare the number of stand-alone DVD players in American living rooms to the number of home-theater PCs, the difference is pretty staggering. But Hollywood is basically the gatekeeper on the entire convergence game. If Hollywood says that HD DVD or Blu-ray or any of the HD DRM-protected formats for cable has to shut out the computer industry, it can do that relatively easily. As a result, the computer industry has been timid. Hollywood has been very effectively gaming the CE guys off against the computing industry by saying, "If you Microsoft guys won't give us the content protection we want, then we'll just shut you out of the next generation of DVD--it'll be a CE-only format, just like SACD."


http://www.stereophile.com/news/032006fvl/

"DICK: The first thing we do, let's kill all the lawyers." --Wm. Shakespeare.

by asdf on Wed Mar 22nd, 2006 at 08:09:53 AM EST
I can't deny that the French law will likely boost competition and break Apple's stunning hold on the market.  But this sounds like a crippling law for Apple.  One of Apple's main marketing strategies is to say that they make both the hardware and the software, and that the two are, thus, integrated much better.  I don't know how true that is, but my iBook works a hell of a lot better than any Windows PC I've used.  (I will never go back to Windows if I can avoid it.)

The law is unnecessary, in my opinion.  The iPod is a fad.  People buy them because iPods are the "cool new thing" in the technology world.  There are plenty of other mp3 players on the market, and, as I understand it (from my techie friends), many are better (and cheaper) than the iPod.  It's not a market that can be dominated in the long run.  It's not like Windows, where a standard is necessary for many people and companies.  Apple has only emerged as the top dog in the last couple of years, and its rise mainly reflects the rise of (legal) downloading.  It was the first company to attack the market, and, thus far, it is winning, and winning big.

Further, where is the threat to consumers?  Apple has been cutting its prices over the last two years or so -- or, if not cutting, then offering more for the same price, in other cases.  The iPod Photo used to cost about $400.  But you can buy an iPod Video, today, for about $260.  Apple is boosting competition, not hurting it.  CD makers are taking a huge hit because of companies like Apple.  Why buy the $20 CD at the mall when you can buy the entire album on iTunes for $10?  And thank God for it, because I'm tired of dealing with the obnoxious, "too-cool-for-you" high-schoolers who work in those stores.  ("Sorry, man.  Never heard of the Rolling Stones.  Gotta go, though.  Time to blaze up a doobie in the stock room.")

I understand the reasoning behind the French law, but it's not necessary.  Eventually, iPods will no longer be in style, and other companies will begin taking marketshare.  As I've said, repeatedly, someone will build a better mousetrap.

The iTunes music store is winning right now, mainly because of the iPod, but also because the alternatives are a joke.  Napster charges (I think) $25/month for all the downloads you can handle.  Well, I only download a couple of songs per month, so iTunes is the better buy, anyway.  (I don't own an iPod, though.)  If someone designs something better, then great!  I'll use it.  In the meantime, iTunes is the superior product.  I suppose I could use Kazaa or LimeWire, and simply steal the songs I want, but I'm a musician, and I know that, if I had ever gained a record deal, I wouldn't have wanted people to steal my work.

Be nice to America. Or we'll bring democracy to your country.

by Drew J Jones (pedobear@pennstatefootball.com) on Wed Mar 22nd, 2006 at 10:54:48 AM EST
There is no reasoning behind the law, it's a train wreck, and the effect on Apple is an accident. Read Alex' diaries.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 11:02:57 AM EST
[ Parent ]
could you provide a link to one of the diaries that you mean.  I've recall reading some of Alex' writings which were very good, but don't remember anything touching on this subject.  Perhaps it was over my head tech wise and I skipped it.
by wchurchill on Wed Mar 22nd, 2006 at 12:01:42 PM EST
[ Parent ]
Hmmm, unfortunately all I can do is direct you to this comment. I suggest we wait for Alex to react to your diary.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 12:07:57 PM EST
[ Parent ]
The lower house of the country's parliament on Tuesday approved a law that would break the tight link between the iTunes online music store and the iPod portable player.
How about giving the name of the law (DADVSI) so interested readers can find out more about it? No, that would be good journalism, we can't have that. Instead, one has to guess from this
The French legislation "goes way beyond" the European copyright directive that prompted the national law and could contravene the terms of the Berne Convention, an international agreement designed to protect artists' rights, according to the Business Software Alliance, a technology trade group.
that the law is the transposition of the EU Copyright Directive, and good luck navigating the web to find the text of the law from that information.

By the way, the mention of the Berne convention seems to vindicate my assertion on one of Alex' earlier threads that

This is fucking ridiculous. This law is dead in the water. It is unenforceable. It will lead to international court cases. It is contrary to the common market. It will be the death of healthy, innovative, French software companies like Nuxeo.
This is a case study in what happens when ignorant fuckwits are forced to legislate on an issue they don't understand.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 12:16:08 PM EST
This is a case study in what happens when ignorant fuckwits are forced to legislate on an issue they don't understand.
Are we agreeing here?  This is what I said:
And I obviously don't understand the French political system, but what in the world is a legislature doing getting involved with this?  There is an EU court for reviewing monopolies, and practises of monopolies.  Why don't they address the issue?  How does this make sense for a legislature, with limited understanding of competitive markets, or of technology markets, or of monopolies, or the practises of monopolies,,,,how does this make sense?

and thanks for the link to Alex,,,,I'll look at some of his diaries.

by wchurchill on Wed Mar 22nd, 2006 at 12:47:30 PM EST
[ Parent ]
Here's how it makes sense...

The EU commission drafted a Copyright Directive. A lot of work went into drafting it, including expert consultation. The Commission is like the executive branch: it's not full of legislators but of technocrats.

Then the Council of the EU (member states) and the European Parliament hacked at the directive and the three parties reached an agreement.

So far, so good. Checks and balances, and all that.

The problem is: this is a directive. It is nonbinding (except on the member states' governments) until the member states transpose it into national legislation. This is what the DADVSI law was supposed to do.

The people in charge of the transposition are the ignorant fuckwits. They let Vivendi and Sony write the law for them, then they tried to ram it though the National Assembly where most legislators don't know or don't care. Alex has documented the breakdown of the process, the loss of control of their own party by the majority whips, and the contradictory amendments introduced.

That is how it happened. To put it in US terms, it is a result of the fact that, because of "states' rights", the EU cannot actually produce any "federal legislation" affecting anything other than the "federal government".

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 12:55:28 PM EST
[ Parent ]
Ok I'm home again, time to write a quick follow-up on all this.

The EU's EUCD directive is much in line with European directives. ie. It is vague enough to be interpreted one way or another. It is meant to be consensual ... indeed if you read its articles 2 (that allows for artists etc to decide if their work can or can't be copied),5,6 and 7 you can quickly conclude that the directive pretty much leaves it up to member states to transpose reproduction regulations as they wish. The directive even clearly states in 5.2.b that an exception for private copies can be implemented or maintained by Member States. France used to have one, but the DADVSI law is basically making private copies impossible.

Here is a quote from 5.2.

"Member States may provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases":

and the b) part of 5.2 (which at the end points to article 6 mentioning DRMs):

"in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation[..]"

Up to now in France you paid a tax on copy mediums (blank CDs etc) to account for private copies. With this new law, you won't be allowed to make any private copies unless the DRM allows it, but you'll keep on paying the tax!!!

Directive's text in English:
http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML

So this is really a matter of the French government choosing a deliberately severe interpretation of the directive. Initially, at least. Why do I say initially? Because the longer they debated on this law, the greedier they got, what with all the major lobbies whispering in their ears ... so they ended up trying to restrict everything. Which in the end makes the whole law unworkable.

I mean how can you both force DRMs into everything AND require that interoperability be ensured? How can you say that any software evidently used to transfer copyright-protected material (or any software that helps you access copyright-protected material) can be required to be modified by a court, when just about anything on the internet can be/is used to transfer (or links to) copyright-protected material? Google itself for instance will link you to tons of illegally obtained material.

Under the DADVSI law you can force developers to restrict usage of their software (ie. force them to integrate a DRM into their software so that it doesn't end up being used to transfer illegal stuff). But how can you force software creators to do that unless they are French? Some open source projects are the product of thousands of non-French people across the world, and they won't give a damn about France's request to include DRMs ... particularly if it's binary (and not open-source) DRMs that France wants included (in an open source project).

Basically DADVSI is trying to erect an internet Maginot line around France ... and it's just not going to work. This law will even eventually backfire on the lobbies that pushed it hardest (BSA/Microsoft, Sony, Vivendi).

So say I, amen.

by Alex in Toulouse on Wed Mar 22nd, 2006 at 01:29:15 PM EST
[ Parent ]
What's more, the EU is already planning to scrap the current EUCD directive, as it considers it already obsolete. I read about this somewhere, will try to find the source.

So here we are implementing a hardcore interpretation of a directive that's already obsolete.

by Alex in Toulouse on Wed Mar 22nd, 2006 at 01:33:22 PM EST
[ Parent ]
The wikipedia entry sums it all.

http://en.wikipedia.org/wiki/EU_Copyright_Directive

This highly controversial Directive was, at that time, the most heavily lobbied measure[1] to pass the European Parliament

Many important details are not specified in the Directive, and as a result, EU member states have significant freedom in certain aspects of directive implementation. The resulting lack of harmonisation in the member states' copyright regimes has led the chairman of the European Commission's Legal Advisory Board Taskforce on Intellectual Property to state that the directive is "unimportant, and possibly invalid"
by Alex in Toulouse on Wed Mar 22nd, 2006 at 01:36:32 PM EST
[ Parent ]
More on this.

The EU Commission is to review the EUCD Directive this year (5 years after the directive was first drafted basically), and that task has been appointed to Professor Bernt Hugenholtz (Chairman of the Intellectual Property Task Force of the Legal Advisory Board of the European Commission, to whom the "unimportant, and possibly invalid" comment mentioned above is attributed, read below for more on this).

source: Leonardo Cervera Nava, an Administrator in the Copyright and Knowledge-based Economy section of DG Internal Market (of the EU) => via http://downontheriver.blogspot.com/2006/03/eu-copyright-directive-reviewbernt_21.html

Originally it was to be a review only of implementation, but now it will be an evaluation review of the Directive i.e an evaluation of whether or not has it achieved its policy objectives. This is an important change. The most recent evaluation report from DG Internal Market, on the Database Directive, was the first evaluation of an IP right based on evidence rather than rhetoric. It found that granting increased rights to database owners had not achieved its policy aims of increasing EU competitiveness against the US, in fact the reverse.

And when you read what Hugenholtz thinks about EUCD, you get a feeling that this evaluation will be unforgiving. At the very least he argues that this directive goes against free trade in the EU:

http://www.ivir.nl/publications/hugenholtz/opinion-EIPR.html

PS: complementary info on the December 2005 first evaluation of the Database Directive (this directive was originally drafted in 1996). Here is the full EU report (PDF file).

pps: some quotes in English from various sources, on the DADVSI law: http://www.eucd.info/index.php?2006/03/22/288-dadvsi-code-nirvana-or-nightmare&PHPSESSID=e965104 8d6d731df10bd67fbf3d0533a

by Alex in Toulouse on Wed Mar 22nd, 2006 at 06:39:29 PM EST
[ Parent ]
A quote from the Hugenholtz link above. This man knows what he's talking about.

The Directive leaves the most important copyright problems of the digital environment unresolved. It does not deal with several of the
crucial questions raised in the Green Paper: applicable law, administration of rights, and moral rights - a staple hot potato on the
Brussels menu. In fact, the Directive does not do much for authors at all. It is primarily geared towards protecting the rights and interests
of the `main players' in the information industry (producers, broadcasters and institutional users), not of the creators that provide
the invaluable `content' that drives the industry. The Directive fails to protect authors or performers against publishers and producers
imposing standard-form `all rights' (buy-out) contracts, a dreadful practice that is rapidly becoming routine in this world of multimedia.
by Alex in Toulouse on Wed Mar 22nd, 2006 at 06:42:00 PM EST
[ Parent ]
Oh, and here's the difference between what I am saying
This is a case study in what happens when ignorant fuckwits are forced to legislate on an issue they don't understand.
and what you are saying
but what in the world is a legislature doing getting involved with this?
There is a difference.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Carrie (migeru at eurotrib dot com) on Wed Mar 22nd, 2006 at 12:59:26 PM EST
[ Parent ]


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