French council strikes down parts of controversial ‘iPod law’ | iLounge News

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French council strikes down parts of controversial ‘iPod law’

The French Constitutional Council has declared major portions of the so-called “iPod law” unconstitutional, according to the New York Times. The council’s 12-page legal finding on the controversial interoperability law “made frequent reference to the 1789 Declaration on Human Rights and concluded that the law violated the constitutional protections of property,” according to the report. “In particular, the council eliminated reduced fines for file sharing and said companies could not be forced, without compensation, to make music sold online compatible with any music device.”

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Comments

1

So what’s this law do now? Officially declare the existence of music-selling websites and DAPs?

Posted by LukeA on July 29, 2006 at 4:57 AM (PDT)

2

This ruling is interesting that it says Apple cannot be expected to open up the iPod or iTMS to competing services without monetary compensation.

It does not seem to say that Apple can get off completely scot-free by denying anyone willing to pay that “compensation” access to the iPod and iTMS services. However, there doesn’t appear to be anything that states what Apple can or cannot charge as “compensation”, either.

So in effect, Apple’s won in France. At least until someone trying to regulate this law decides themselves what “fair compensation” should be, and all the lawyers go back to court once again to duke it out.

Posted by flatline response on July 29, 2006 at 7:43 AM (PDT)

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