Open DRM Law Gets Scuttled in France

PARIS — A controversial copyright law, which would have cracked open digital rights management and allowed interoperability between competing Apple and Microsoft music players has been dealt a major blow, as important sections of the legislation have been declared unconstitutional.

The Dadvsi law had been proposed so consumers could play files across proprietary DRM restricted music players.

Apple employs FairPlay DRM, which ensures that songs purchased through its iTunes Music Store can only be played on its iPod MP3 player and not on competitors’ devices.

Changes to the law, proposed by France’s Conseil Constitutionnel, now seek to punish violators that engineer DRM interoperability on incompatible formats through fines. The provision was removed because the counsel ruled that the definition of interoperability was too vague. Originally, the law allowed circumventing DRM restrictions to enable interoperability.

Also declared unconstitutional was a provision of the Dadvsi law that proposed the decriminalization of file sharing, with fines for only those convicted of illegal sharing of music files.

Instead of fixed penalty fines, violators now face criminal prosecution and could be sentenced to jail time or a hefty fine in excess of $600,000.

Additionally, the Conseil has amended a provision that would have created a DRM licensing authority to mandate companies like Apple to provide free information to competitors, thus enabling interoperability.

Now the provision states that companies being forced to open their DRM will be paid for it.

“Everyone has lost out [on the proposed law changes],” Lionel Thoumyre, head of new technology at Spedidam, an artists’ rights organization, said. “The real problem — sharing copyright-protected work — hasn’t been solved.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More