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Possible Loop Hole in French Interoperability Bill

Apple could in theory keep things as they are...

By Victor Mihailescu, Apple News Editor

10th of May 2006, 09:46 GMT

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The French interoperability law has been the subject of much talk and change. In its latest incarnation, it could allow Apple to avoid having to open up their FairPlay DRM protection technology.

The latest changes state that compatibility disputes would be taken to a new regulatory authority that would have the power to order exclusive
file formats be shared - but only if the obstacles they pose are 'additional to, or independent of those explicitly decided by the copyright holders.' This means that Apple and any other owner of a propriety DRM technology are safe as long as they obtain the blessing of the artists and copyright owners whose music they sell online. If Apple can demonstrate that the existing restriction respects the wishes of copyright holders, there would be no case under the law.

"If it's the difference between that and not doing business in France, it's probably worth the paperwork," said analyst Roger Kay of Endpoint Technologies Associates, a U.S.-based consulting firm.

While this is the current state of the bill, it may very well change again, as it has in the past. Meanwhile, the Senate is expected to complete its reading of the copyright bill in coming days, after which the legislation passes to a joint committee of Senators and lower-house deputies, charged with hammering out a compromise text.
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