Bonum Certa Men Certa

Cablegate: Apple Attacks French Copyright Law to Induce Various Restrictions (Including DRM), Marginalisation of Rights

Cablegate



Summary: Bad Apple is doing bad things in HADOPI land using blackmail (allegedly claiming it "it would pull its business out of France" unless its demands were met)

According to the following Cablegate cable, Apple uses a baclkmail tactics (threatening withdrawal) to affect -- for the worse of course -- copyright law in France. Quoting the relevant parts: "In press statements, Apple said that the French copyright law amounted to "state-sponsored piracy" and that it would pull its business out of France. This declaration had an unfortunate impact. It heartened claims by free-software advocates and politicians who said that the opening up of DRM would benefit makers of DRM systems by enabling them to prosecute competitors as facilitating piracy. U.S. Secretary of Commerce Carlos Gutierrez's press comments saying that while he needed to take a look at the legislation, he supported protecting intellectual property rights were widely interpreted to be supportive of Apple, and French pro-interoperability groups reacted disapprovingly. The Odebi League, a citizen's action group defending the rights of Internet users, told Apple to "mind its business and not meddle into the French legislative process" and pointed out that "if Apple wishes to do business in France, it has to respect the rights that the French enjoy." Some senators said they regretted that Apple did not appeal to them directly and interpreted it as a lack of interest."



Shame on Apple.

Here is the Cablegate in ite entirety:








UNCLAS SECTION 01 OF 03 PARIS 003153

SIPDIS

SENSITIVE

DEPT FOR E, EB, EB/IPE, EUR/WE DEPT PLS PASS USTR FOR JSANFORD/VESPINEL/RMEYERS COMMERCE FOR SJACOBS, SWILSON DOJ FOR CHARROP, FMARSHALL, RHESSE COMMERCE PLEASE PASS USPTO

E.O. 12958: N/A TAGS: KIPR ETRD PGOV FR SUBJECT: FRANCE'S DIGITAL COPYRIGHT BILL: SENATE VOTES TO SOFTEN INTEROPERABILITY BUT LOW PENALTIES REMAIN UNCHANGED

REF. PARIS 01847

€¶1. This is an action request. See paragraph 13

€¶2. (SBU) SUMMARY. The French Senate approved in the early hours of May 11 the GOF draft law on digital copyright, in a format which leaves unchanged the National Assembly's decriminalized penalty regime, the principle (if not the requirement) of interoperability, and the so-called "Vivendi Universal Amendment" criminalizing peer-to-peer software publishing. The draft law adopted by the Senate largely takes the sting out of interoperability by laying out general guidelines -- which no longer require Digital Rights Management (DRM) vendors to divulge industrial secrets to their competitors -- and creating a new independent authority to decide on the scope of interoperability and the "right to the exception for private copy." The newly adopted text, known as the Law on Author's Rights and Related Rights in the Information Society, generally abbreviated as DADVSI in French is a step that would bring France in line with the 2001 EU Digital Copyright Directive.Over the next month, the text will likely go to a reconciliation conference at the end of the month, and be signed into law before the summer. END SUMMARY.

Senate Approval And Next Steps ------------------------------ €¶3. (SBU) The DADVSI draft law was adopted by the French upper house on May 11, with 164 votes in favor, 128 against, and 37 abstentions. All the votes in favor came from representatives of the right of center government UMP party. The text will now go before a joint committee of both houses of the French Parliament to be reconciled, and for final approval under the current Government "fast-track" emergency procedure, which requires only one reading by both houses. Upon completion of the legislative procedure, the draft bill will be submitted to President Jacques Chirac for signature some time before the summer. France, which had tabled implementing legislation in November 2003, is the last country, with Spain, to transpose the EU Copyright Directive.

Exceptions to Exclusive Copyrights: ---------------------------------- €¶4. (SBU) Exceptions to exclusive copyrights, for public libraries and archives, will now have to fulfil the "three-step test," i.e. that they be confined to special cases, not conflict with a normal exploitation of the work, and not unreasonably prejudice the legitimate interests of the right holder. Education and research have been added to the restrictive lists of exceptions in the Senate, following the threat of a campaign of civil disobedience "in any way they deemed useful and relevant" by over 2000 members of the French scientific community.

€¶5. (SBU) The more traditonal exception for private copy, an essential feature of French "droit d'auteur," which allows French residents to freely make copies of works (except software) for their private use (and that of their family and friends) has also been refreshed. The number of copies allowed as part of that exception will now be decided by a new high regulatory authority, in charge of outlining the contours of the private copy exception as well as the new interoperability principle. The new authority will also work hand-in-hand with the already existing Copyright Commission, which sets the rates and conditions for the "tax on private copy" meant to address the losses incurred by copyright holders. This tax is levied on blank media (audio and video cassettes, CD, DVD, as well as memory and hard drives in portable media players). While most of this tax goes to rightholders, a quarter of it, representing some 40 million euros a year (USD 50 million), is used to finance cultural events and festivals throughout France.

Penalties Remain Unchanged -------------------------- €¶6. (SBU) The system of "gradual sanctions", i.e. decriminalized fines, has been confirmed by the Senate as "fair and balanced" -- despite efforts by one Senator and former Minister of Trade and Industry, Gerard Longuet, to switch from what he described as "organized indifference" to stiffer sentences. Culture Minister Donnedieu de Vabres reiterated on this occasion that the purpose of the bill was not to go after offenders but to ensure the protection of works. As a result, non-commercial downloads are subject to the lowest fine in France's Penal Code (38 euros), the equivalent of a traffic ticket, instead of the original three years' imprisonment and 300,000 euro fine proposed earlier by the GOF. These heavy penalities in the first GOF draft bill created a major outburst in the National Assembly, eventually leading to the adoption of the radical "global licence." In the words of one Socialist and technologically savvy member of the National Assembly, it would be wrong "to describe the eight million people who have downloaded music from the Internet as delinquents." On May 11, the Culture Minister announced that an "index" of all protected works would be set up to enforce the three goals of the bill: respect of copyright, private copy and interoperability.

Softening Interoperability -------------------------- €¶7. (SBU) The Senate has proposed largely weakening the National Assembly's radical ideas on the DRM technology. Two amendments in the National Assembly's version had stated that providers of DRM systems should provide the necessary technical documentation to ANY party needing it to ensure that interoperability, including the source code. This was interpreted as a direct attack on Apple's iTunes platform and their iPod players.

€¶8. (SBU) In press statements, Apple said that the French copyright law amounted to "state-sponsored piracy" and that it would pull its business out of France. This declaration had an unfortunate impact. It heartened claims by free-software advocates and politicians who said that the opening up of DRM would benefit makers of DRM systems by enabling them to prosecute competitors as facilitating piracy. U.S. Secretary of Commerce Carlos Gutierrez's press comments saying that while he needed to take a look at the legislation, he supported protecting intellectual property rights were widely interpreted to be supportive of Apple, and French pro-interoperability groups reacted disapprovingly. The Odebi League, a citizen's action group defending the rights of Internet users, told Apple to "mind its business and not meddle into the French legislative process" and pointed out that "if Apple wishes to do business in France, it has to respect the rights that the French enjoy." Some senators said they regretted that Apple did not appeal to them directly and interpreted it as a lack of interest.

Creating A New Regulatory Authority ----------------------------------- €¶9. (SBU) The Senate bill proposes a new regulatory authority to examine the question of private copies and interoperability. This new seven-member High Authority, modelled along the lines of France's independent regulatory bodies in the electricity and gas sectors (CREG), and in the telecoms and electronic commerce sector (ARCEP), replaces the much-decried "college of mediators" initiated by the National Assembly. Its responsibilities, much like its guidelines, have been left as open as possible to allow for the fast pace of technological change. At the same time, prodded by embattled Culture Minister Donnedieu de Vabre and Villepin administration, the Senate Cultural Affairs Committee developed a text designed to meet as little opposition as possible from the National Assembly once in the joint committee for conciliation. These considerations explain the current text's willingness to pass the difficult decisions on to the new authority.

Previous Support For Interoperability and Copying --------------------------------------------- ---- €¶10. (SBU) Public discussion of DRM and its effect on the private copy exception have been particularly vivid in France. French consumer associations initiated and often won court cases where DRM restricted private copying -- a sacrosanct exception under French copyright law. Over the past three years, French consumer organizations have initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could not be copied and ripped because of technical protection measures in place. In dealing with the cases, French courts had developed the argument that the ability to play a CD or a DVD on different devices constituted an essential characteristic of a CD or DVD, and that producers of such devices could be held liable for misleading the consumer in case of incompatibilities. This first step towards establishing the right to interoperability was confirmed earlier this year, when a Paris Court of Appeals concluded that DRMs must respect the private copy exception.

NEXT STEPS ----------

€¶11. (SBU) Next steps include the drafting of implementing regulations, which would also give the GOF (and stakeholders) an opportunity to tweak the legislation, particularly regarding penalties and sentencing. This is expected to take place over the summer. The GOF will draft and implement these by decree. Other possibilities for modification, according to lawyers, include a constitutional challenge, which could come on any number of articles. We understand that the Commission will eventually examine all the EU member-states' transpositions of the directive at some point over the next year. Finally, the GOF notes that the law has a "review clause" of 18 months, requiring the government to provide the Parliament with an evaluation of its efficacy. COMMENT AND ACTION REQUEST -------------------------- €¶12. (SBU). France is one of the last countries to fulfil its obligation to transpose this 2002 EU Directive. In making only a minimal effort, many Senators seemed to be acknowledging how quickly technology had moved since then 2002, and during the debates, French Parliamentarians underscored the irony of a belated implementation of a directive which the EU Commission is reportedly already in the process of re-examining. In our conversations over the last weeks where we raised our serious concerns over the quality and direction of this controversial bill, French government officials and observers had sought to reassure us and other stakeholders. We were told (see reftels) that the Senate version would address many if not most of industry's concerns. Senate legislative staff was thought more pro-business, more technologically savvy, and less ideological. Industry observers, many of whom where involved in a low-profile but intense effort to reshape the bill with key amendments were optimistic as well. Working with French industry allies, they proposed close to 300 amendments. However, with the President and Prime Minister under political siege, the government and the majority party were in a hurry to get this complicated and troublesome bill off their to-do list. By placing the bill on a legislative fast-track, the government could be assured that the conciliation conference would be over quickly. This political pressure resulted in some improvements, such as interoperability, where industry analysts are somewhat relieved at the results, but a number of crucial elements remain unchanged, notably the lack of deterrent penalties.

€¶13. (SBU) COMMENT AND ACTION REQUEST. The next six months will provide some limited opportunities to fine-tune the bill, notably in the drafting of implementing regulations, which the GOF can issue by decree. Other options would be to raise examination of the legislation in light of other EU member state transpositions as well as WIPO and TRIPS commitments. Post would appreciate Washington's cleared interagency guidance, including any legal analysis regarding the legislation's impact. End Comment.

Stapleton







If there was threat that Apple "would pull its business out of France," let them. Better yet, boycott the company in France.

Recent Techrights' Posts

Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Not Everything Can be Automated
not a new thing
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
 
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Karen Melchior Fought the Good Fight
stay tuned for Part 29
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026