Proposed French copyright protection law does not penalize Apple Computer

“France’s Assemblé Nationale voted in yesterday evening the DADVSI [Droit d’Auteur et des Droits Voisins dans la Société de l’Information], a rather hideous proposal which will most likely become law when France’s Sénat deems it constitutional and President Chirac signs it. Both of the latter are likely as the president is of the same majority right party (UMP) as the Assemblé Nationale. The New York Times (and Slashdot) have noted incorrectly that the law will contain clauses for interoperability required of iTunes and iPods, but those amendments did not make it into the final proposal voted on Thursday night. Read on for a breakdown of the law as it currently awaits, almost certain, approval,” Fabienne Serriere writes for TUAW. “This new law will forbid an individual from providing information about how to break any protection system, or the use of a technology that breaks a protection system. A quick breakdown of the proposed fee structure for breaking this law [follows].”

• 38 Euros: Fine for downloading a copy written work, per work.
• 150 Euros: Fine for sharing a copy written work with someone else.
• 750 Euros: Fine if you have in your possession and/or use a software that bypasses copyright protection.
• 3,750 Euros: Fine if you write software or provide information about bypassing copyright protection.
• 30,000 Euros and 6 Months in Prison: Penalty for those making available software or technology that bypasses copyright protection.
• 300,000 Euros and up to 3 Years in Prison: Penalty for making available any peer to peer software which “knowingly promotes piracy.”

“All in all the law does not penalize Apple, but with all the open source software available for the Mac platform, it will penalize Apple users,” Serriere writes.

Full article here.

Side-by-side English, French, German and Spanish versions of the DADVSI proposal: http://www.dadvsi.info/

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Related articles:
Apple’s options if French law forcing DRM interoperability passes – March 17, 2006
French law that would force Apple to open iTunes Music Store to non-iPod devices far from settled – March 17, 2006
If passed, French law would force Apple to open iTunes Music Store to non-iPod devices – March 15, 2006
Law that could have forced Apple to open iTunes Music Store to non-iPod devices blocked in France – March 14, 2006
French law would force Apple to open iTunes Music Store to non-iPod devices – March 13, 2006

48 Comments

  1. So if I use iTunes to burn my DRM protected music to a CD. Then use iTunes to copy that music from the CD back to my hard drive in an unprotected form, I guess that means that I can be fined for owning iTunes?

  2. Then use iTunes to copy that music from the CD back to my hard drive in an unprotected form,

    That’s 3,750 Euros right there, pay up. ” width=”19″ height=”19″ alt=”wink” style=”border:0;” />

  3. 3,750 Euros: Fine if you write software or provide information about bypassing copyright protection.

    Burning CDs (5x) from iTunes is NOT bypassing copy protection. It’s allowed within the copy protection. No fine.

    Everyone go back to sleep.

  4. “a copy written work”, not “copy of a written work”. Sorry. This really should be “copyrighted”.

    This is typical French legal hash. Long history of draconian copyright laws.

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