(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Sony UK and Sony France have lost a case against The French consumer protection association UFC Que Choisir because they did not inform the consumers about the lack of interoperability of their products and services to other devices.

The decision taken by the Nanterre Tribunal has found Sony liable for misleading the consumers by "the fact that Sony did not explicitly and clearly informed the consumer that the music players sold could read only the music files downloaded on the only legal site Connect." The decision also considered that Sony UK had not explicitly stated in its contract that the music files downloaded from the Connect website could be read only by the music players dedicated for the Sony trademark.

The tribunal found as well that Sony was responsible for tied selling (ventee liée) because the 2 separate contracts were closely inter-related: downloading of music files from the Connect website is subordinated to buying a dedicated product.

Sony France was obliged by the court to pay 10 000 Euro damages to UFC Que Choisir and to show on its homepage the judge decision for 3 months. Until now the court ruling has not been made public by Sony France, that pays 1000 Euro per day for not complying with this part of the decision. Sony can appeal the decision, but this will not suspend the application of the present ruling.

This could be just the first step for the French consumers rights organization, that has started a similar trial against Apple for its services iPod and iTunes. A decision could be taken by the court during 2007.

The decision is one of the first taken after the DADVSI law entered into force in August 2006. However, the interoperability of the Sony system was not taken into consideration by the court since the DADVSI law foresees an Authority for DRMs that should look into this sort of problems. However, the Authority has not been created yet, because it is still waiting for the secondary legislation.

Sony condemned for having linked music files to its player (in French only, 4.01.2007)
http://www.01net.com/editorial/337311/justice/sony-condamne-pour-avoir...

The DRM condemned for cheating and tied selling (in French only, 5.01.2007)
http://www.ratiatum.com/news4135_Les_DRM_condamnes_pour_tromperie_et_v...

Decision UFC vs Sony ( in French only, 15.12.2006)
http://www.tntlex.com/public/jugement_ufc_sony.pdf