Comments on: French Not So Sensible After All? http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/ Keeping politicians' hands off the Net & everything else related to technology Tue, 14 Feb 2012 12:51:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Ed Felten http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32974 Ed Felten Thu, 23 Mar 2006 13:00:21 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32974 <p>As I understand it, the French bill contains both DMCRA-like reforms (which you like) and the open design requirement (which you don't).</p> <p>The open design part won't have much effect. The main barriers to interoperating with FairPlay are legal, not technical. It's not that hard to figure out the information you need by reverse engineering. If the French want interoperation, all they have to do is make sure that reverse engineering and interoperation are clearly legal, and the market will take care of the rest.</p> As I understand it, the French bill contains both DMCRA-like reforms (which you like) and the open design requirement (which you don’t).

The open design part won’t have much effect. The main barriers to interoperating with FairPlay are legal, not technical. It’s not that hard to figure out the information you need by reverse engineering. If the French want interoperation, all they have to do is make sure that reverse engineering and interoperation are clearly legal, and the market will take care of the rest.

]]> By: Ed Felten http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50740 Ed Felten Thu, 23 Mar 2006 13:00:21 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50740 <p>As I understand it, the French bill contains both DMCRA-like reforms (which you like) and the open design requirement (which you don't).<br><br>The open design part won't have much effect. The main barriers to interoperating with FairPlay are legal, not technical. It's not that hard to figure out the information you need by reverse engineering. If the French want interoperation, all they have to do is make sure that reverse engineering and interoperation are clearly legal, and the market will take care of the rest.</p> As I understand it, the French bill contains both DMCRA-like reforms (which you like) and the open design requirement (which you don’t).

The open design part won’t have much effect. The main barriers to interoperating with FairPlay are legal, not technical. It’s not that hard to figure out the information you need by reverse engineering. If the French want interoperation, all they have to do is make sure that reverse engineering and interoperation are clearly legal, and the market will take care of the rest.

]]> By: V http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32973 V Wed, 22 Mar 2006 01:47:39 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32973 <p>This isn't so bad. It means that Apple has to release the code for FairPlay so others can use it, it doesn't mean they have to convert it for you. Creative won't bother making it directly compatible because that's a pain. Instead we'll get legal file converting software that removes the DRM to make it compatible with whatever you like. Will Creative provide such a program themselves? Well, it would be to their advantage...</p> This isn’t so bad. It means that Apple has to release the code for FairPlay so others can use it, it doesn’t mean they have to convert it for you. Creative won’t bother making it directly compatible because that’s a pain. Instead we’ll get legal file converting software that removes the DRM to make it compatible with whatever you like. Will Creative provide such a program themselves? Well, it would be to their advantage…

]]> By: V http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50739 V Wed, 22 Mar 2006 01:47:39 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50739 <p>This isn't so bad. It means that Apple has to release the code for FairPlay so others can use it, it doesn't mean they have to convert it for you. Creative won't bother making it directly compatible because that's a pain. Instead we'll get legal file converting software that removes the DRM to make it compatible with whatever you like. Will Creative provide such a program themselves? Well, it would be to their advantage...</p> This isn’t so bad. It means that Apple has to release the code for FairPlay so others can use it, it doesn’t mean they have to convert it for you. Creative won’t bother making it directly compatible because that’s a pain. Instead we’ll get legal file converting software that removes the DRM to make it compatible with whatever you like. Will Creative provide such a program themselves? Well, it would be to their advantage…

]]> By: Braden Cox http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32972 Braden Cox Tue, 21 Mar 2006 23:35:49 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32972 <p>This is forced access! It's one thing to become interoperable using the Section 1201(f) exemption. This section of the DMCA makes it legal to circumvent protection measures by reverse engineering for the purpose of enabling interoperability of an independently created computer program with other programs. This is not forced sharing. But to mandate sharing? I can see it now, a new government agency called the Office of Escrowed Source Code for Interoperability.</p> This is forced access! It’s one thing to become interoperable using the Section 1201(f) exemption. This section of the DMCA makes it legal to circumvent protection measures by reverse engineering for the purpose of enabling interoperability of an independently created computer program with other programs. This is not forced sharing. But to mandate sharing? I can see it now, a new government agency called the Office of Escrowed Source Code for Interoperability.

]]> By: bradencox http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50738 bradencox Tue, 21 Mar 2006 23:35:49 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50738 <p>This is forced access! It's one thing to become interoperable using the Section 1201(f) exemption. This section of the DMCA makes it legal to circumvent protection measures by reverse engineering for the purpose of enabling interoperability of an independently created computer program with other programs. This is not forced sharing. But to mandate sharing? I can see it now, a new government agency called the Office of Escrowed Source Code for Interoperability.</p> This is forced access! It’s one thing to become interoperable using the Section 1201(f) exemption. This section of the DMCA makes it legal to circumvent protection measures by reverse engineering for the purpose of enabling interoperability of an independently created computer program with other programs. This is not forced sharing. But to mandate sharing? I can see it now, a new government agency called the Office of Escrowed Source Code for Interoperability.

]]> By: James Gattuso http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32971 James Gattuso Tue, 21 Mar 2006 21:47:10 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32971 <p>In case there's any doubt, the Reuters report on this legislation (which was passed today) makes it clear that the bill goes far beyond just ALLOWING users to bypass DRM. According to Reuters: The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material--known as digital rights management (DRM)--to allow the conversion from one format to another.</p> <p>"The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material--known as digital rights management (DRM)--to allow the conversion from one format to another."</p> <p>"Any interested party can ask the court...to get a supplier (of content)...to provide information that is essential for 'interoperability,'" France's new copyright law states, so that content can be read on any hardware support."</p> <p>This is forced access regulation, not a DRM law.</p> In case there’s any doubt, the Reuters report on this legislation (which was passed today) makes it clear that the bill goes far beyond just ALLOWING users to bypass DRM. According to Reuters: The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material–known as digital rights management (DRM)–to allow the conversion from one format to another.

“The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material–known as digital rights management (DRM)–to allow the conversion from one format to another.”

“Any interested party can ask the court…to get a supplier (of content)…to provide information that is essential for ‘interoperability,’” France’s new copyright law states, so that content can be read on any hardware support.”

This is forced access regulation, not a DRM law.

]]> By: James Gattuso http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50737 James Gattuso Tue, 21 Mar 2006 21:47:10 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50737 <p>In case there's any doubt, the Reuters report on this legislation (which was passed today) makes it clear that the bill goes far beyond just ALLOWING users to bypass DRM. According to Reuters:<br>The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material--known as digital rights management (DRM)--to allow the conversion from one format to another.<br><br>"The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material--known as digital rights management (DRM)--to allow the conversion from one format to another."<br><br>"Any interested party can ask the court...to get a supplier (of content)...to provide information that is essential for 'interoperability,'" France's new copyright law states, so that content can be read on any hardware support."<br><br>This is forced access regulation, not a DRM law.</p> In case there’s any doubt, the Reuters report on this legislation (which was passed today) makes it clear that the bill goes far beyond just ALLOWING users to bypass DRM. According to Reuters:
The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material–known as digital rights management (DRM)–to allow the conversion from one format to another.

“The new legislation will require that online music retailers such as iTunes provide the software codes that protect copyrighted material–known as digital rights management (DRM)–to allow the conversion from one format to another.”

“Any interested party can ask the court…to get a supplier (of content)…to provide information that is essential for ‘interoperability,’” France’s new copyright law states, so that content can be read on any hardware support.”

This is forced access regulation, not a DRM law.

]]> By: Tim http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32970 Tim Tue, 21 Mar 2006 20:08:48 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32970 <p>This isn't a subject I know very much about, and the thing that makes it particualrly complicated is the relationship between the EU and its member states. The EU Copyright Directive passed the European Parliament in 2001, and <a href="http://en.wikipedia.org/wiki/EU_Copyright_Directive" rel="nofollow">according to Wikipedia</a>, the French government is required to implement it or face sanctions.</p> <p>I believe that the EUCD contains provisions to the American DMCA, and that the original version of the French legislation followed the EUCD. What's being discussed now are amendments to the anti-circumvention provisions of the legislation.</p> <p>So it seems the French government had to pass <i>something</i> to comply with the EUCD, which in turn is supposed to implement the 1996 WIPO treaty.A Boucher-like amendment to the vanilla EUCD might be the best that can be hoped for under those circumstances.</p> <p>But I'm far from an expert in European law, so I could be way off base.</p> This isn’t a subject I know very much about, and the thing that makes it particualrly complicated is the relationship between the EU and its member states. The EU Copyright Directive passed the European Parliament in 2001, and according to Wikipedia, the French government is required to implement it or face sanctions.

I believe that the EUCD contains provisions to the American DMCA, and that the original version of the French legislation followed the EUCD. What’s being discussed now are amendments to the anti-circumvention provisions of the legislation.

So it seems the French government had to pass something to comply with the EUCD, which in turn is supposed to implement the 1996 WIPO treaty.A Boucher-like amendment to the vanilla EUCD might be the best that can be hoped for under those circumstances.

But I’m far from an expert in European law, so I could be way off base.

]]> By: Tim http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50736 Tim Tue, 21 Mar 2006 20:08:48 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50736 <p>This isn't a subject I know very much about, and the thing that makes it particualrly complicated is the relationship between the EU and its member states. The EU Copyright Directive passed the European Parliament in 2001, and <a href="http://en.wikipedia.org/wiki/EU_Copyright_Directive" rel="nofollow">according to Wikipedia</a>, the French government is required to implement it or face sanctions.<br><br>I believe that the EUCD contains provisions to the American DMCA, and that the original version of the French legislation followed the EUCD. What's being discussed now are amendments to the anti-circumvention provisions of the legislation.<br><br>So it seems the French government had to pass <i>something</i> to comply with the EUCD, which in turn is supposed to implement the 1996 WIPO treaty.A Boucher-like amendment to the vanilla EUCD might be the best that can be hoped for under those circumstances.<br><br>But I'm far from an expert in European law, so I could be way off base.</p> This isn’t a subject I know very much about, and the thing that makes it particualrly complicated is the relationship between the EU and its member states. The EU Copyright Directive passed the European Parliament in 2001, and according to Wikipedia, the French government is required to implement it or face sanctions.

I believe that the EUCD contains provisions to the American DMCA, and that the original version of the French legislation followed the EUCD. What’s being discussed now are amendments to the anti-circumvention provisions of the legislation.

So it seems the French government had to pass something to comply with the EUCD, which in turn is supposed to implement the 1996 WIPO treaty.A Boucher-like amendment to the vanilla EUCD might be the best that can be hoped for under those circumstances.

But I’m far from an expert in European law, so I could be way off base.

]]> By: Jerry Brito http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32969 Jerry Brito Tue, 21 Mar 2006 19:43:59 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32969 <p>Tim, You're assuming that in France there is a DMCA equivalent that prohibits circumvention and to which this new law is aimed. Do you know if that's the case? If not, then maybe circumvention for fair use purposes was perfectly legal and this new law is even worse than we imagine since it's not really solving a problem. -JB</p> Tim, You’re assuming that in France there is a DMCA equivalent that prohibits circumvention and to which this new law is aimed. Do you know if that’s the case? If not, then maybe circumvention for fair use purposes was perfectly legal and this new law is even worse than we imagine since it’s not really solving a problem. -JB

]]> By: Jerry Brito http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50735 Jerry Brito Tue, 21 Mar 2006 19:43:59 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50735 <p>Tim, You're assuming that in France there is a DMCA equivalent that prohibits circumvention and to which this new law is aimed. Do you know if that's the case? If not, then maybe circumvention for fair use purposes was perfectly legal and this new law is even worse than we imagine since it's not really solving a problem. -JB</p> Tim, You’re assuming that in France there is a DMCA equivalent that prohibits circumvention and to which this new law is aimed. Do you know if that’s the case? If not, then maybe circumvention for fair use purposes was perfectly legal and this new law is even worse than we imagine since it’s not really solving a problem. -JB

]]> By: MikeT http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32968 MikeT Tue, 21 Mar 2006 17:39:09 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32968 <p>Yes, James is right. Giving France the benefit of the doubt is generally the worst thing you can do.</p> Yes, James is right. Giving France the benefit of the doubt is generally the worst thing you can do.

]]> By: MikeT http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50734 MikeT Tue, 21 Mar 2006 17:39:09 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50734 <p>Yes, James is right. Giving France the benefit of the doubt is generally the worst thing you can do.</p> Yes, James is right. Giving France the benefit of the doubt is generally the worst thing you can do.

]]> By: James Gattuso http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-32967 James Gattuso Tue, 21 Mar 2006 16:57:17 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-32967 <p>When in doubt, just assume its regulatory if it is from France.</p> When in doubt, just assume its regulatory if it is from France.

]]> By: James Gattuso http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/comment-page-1/#comment-50733 James Gattuso Tue, 21 Mar 2006 16:57:17 +0000 http://techliberation.com/2006/03/21/french-not-so-sensible-after-all/#comment-50733 <p>When in doubt, just assume its regulatory if it is from France.</p> When in doubt, just assume its regulatory if it is from France.

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