(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The most controversial DADVSI Law, now colloquially known also as "iTunes Law", was finally adopted in the French Parliament with a compromise allowing Apple to continue operating as before.

The law was adopted by the Parliament under emergency regime, which ended with a mixed commission, normally made of 7 senators and 7 deputies, from both the majority and the opposition. But the opposition left the commission, after 55 more amendments were brought to it by the rapporteurs at the very final step

The most controversial provision was that of interoperability. In a previous draft, the law imposed measures to allow interoperability, obliging thus Apple to give up its DRM system that made "iTunes" products strictly related to i-Pods.

Apple reacted virulently, accusing of "state sponsored piracy" and threatening to leave France altogether in case the law was passed as such.

The law as adopted now allows for the DRM and redefines the concept of interoperability. The text provides for the protection of "the technical measures meant to prevent or limit non-authorised use" and the fines for breaking these systems have remained at the level of 3 750 euro. The producers, distributors or promoters of technical solutions avoiding these systems can get up to 6 months of imprisonment and 30 000 euro fines.

Interoperability is redefined in the sense that the text now reads: the technical measures (meant to protect the works) must not result in impeding interoperability, while observing copyright.

Still stating that all systems must interoperate, the new law allows, however, for this requirement to be waived with the permission of the rights holders. It actually means that Apple can continue to operation in the same way as before with the permission of record labels and artists, only the balance of power between Apple and the labels may shift more towards the latter.

The idea of creating a group of mediators to deal with private copy conflicts was changed to that of establishing a regulator of technical measures as an independent authority.

The regulator will be responsible with seeing that the DRM systems do not create additional limitations in the use of artistic works to those explicitly expressed by the copyright holders. The law covers only software and technical systems producers without saying anything about consumer associations or the open source creators.

The socialist deputies have already announced their intention to contest the text of the law at the Constitutional Court.

Dadvsi draft finaly adopted by the Parliament (in French only, 30.06.2006)
http://www.zdnet.fr/actualites/internet/0,39020774,39361945,00.htm?xto...

France dilutes plans for iTunes law (26.06.2006)
http://www.theregister.com/2006/06/26/france_dilutes_itunes_law/

Zut France drops iTunes bombshell (30.06.2006)
http://www.theregister.com/2006/06/30/france_itunes_law_loophole/

Compromise on copyright (in French only, 23.06.2006)
http://www.lemonde.fr/web/article/0,1-0@2-651865,36-787328@51-787425,0...

EDRI-gram : French draft copyright law continues to be criticised (24.05.2006)
http://www.edri.org/edrigram/number4.10/frenchcopyright