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

analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
 
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025