france ipod/DRM legislation passed

(edited & corrected as I learn more)

According to MacObserver, the French legislation opening DRM (like that on apple’s ipod) has now passed into law. Presumably, this was supposed to open up Apple’s scheme to competitors so music purchased at iTunes store will play on other devices. According to consumer groups this portion was quite weakened; however, Forbes still seems critical so presumably there must be some consumer-friendly benefit left?

A few months ago, amendments had been introduced that would have made this the the first national law, so far as I’m aware, to aggressively target the anti-competitive / anti-consumer aspects of DRM. Unfortunately those were significantly watered down from the original proposal. The *rest* of the bill is pretty bad, largely anti-P2P and anti-circumvention provisions. The “fair use” pieces are interesting: France added in recognition of educational uses, disability, web caching, etc.; but then weakened all these, plus preexisting “fair use” type exceptions by importing the Berne three step test which says exceptions “cannot hamper the normal exploitation of the work … [nor] cause an undue loss to the legitimate interests of the author.”

In the meantime, Wikipedia has the most current info (Eng). Also see commentary on the bill at Ars Technica (Eng), BoingBoing (Eng), Stop DRM (Fr). I’m laboriously reading thru it the bill at http://www.assemblee-nationale.fr/12/ta/ta0596.asp (PDF) (Fr, of course).