 Steve Jobs' proposal to support DRM-free music had a distinct impact in France where Apple had been at the centre of a very heated debate on DRMs. The legality of DRMs had been tested in court and the new copyright law (known as Dadvsi) which imposes an interoperability requirement for DRMs was drafted with Apple's FairPlay technology in mind. Unsurprisingly Apple had vigorously opposed the law, describing it as "state-sponsored piracy". Therefore, Jobs' U-turn on DRMs has been received with a mix of disbelief from independent labels, defiance from the majors (whose largest member is French-owned Universal Music), and a hint of self-congratulation from the Culture Minister (picture, right) who argues that the new law will guarantee interoperability whether DRMs are dropped or not.
1. Independent labels and competitors call Steve Jobs' bluff
Independent labels and online competitors, which have been in conflict for years with Apple over the DRM issue, welcome Steve Jobs' change of heart and challenge him to open iTunes to DRM-free music from independent labels.
Independent labels have already opted for DRM-free music
For Jérôme Roger of the SPPF (Société civile des producteurs de phonogrammes en France), which represents independent labels, Steve Jobs' proposal, though a surprise as it comes from the champion of DRMs "is a step in the right direction". The SPFF thinks that "DRMs have failed to stop piracy and have imposed, in trying to do so, restrictions which consumers increasingly resent" .The SPPF singles out the absence of interoperability as "a major obstacle to the success of legal online distribution." The SPPF notes that a "lot of independent labels have already chosen to distribute their music on MP3 formats without DRM on such platforms as Fnacmusic.com and Virginmega.fr". (in Dumout )
Major online distributors already sell those DRM-free songs
Fnacmusic.com , the online branch of La Fnac, one of France's largest cultural goods retailer, explains that it "had been opposing proprietary systems and calling for interoperability since its launch in 2004". On January 17, Fnacmusic.com made available a catalogue of 170.000 DRM-free MP3 files. Fnacmusic.com "considers as very important the fact that Apple has now reached a similar view". (in Dumout )
Julien Ulrich, CEO of Virginmega.fr , an online distributor, hails "Steve Jobs' new stance as a great victory for the online music industry and consumers." Virginmega.fr mentioned its fight on the DRM front, evoking its failed 2004 attempt to obtain a FairPlay license from Apple (the Council on Competition ruled that Apple's refusal to grant a license was not anti-competitive). Virginmega.fr also highlights its contribution in the interoperability debate during the discussion of the Dadvsi law which Apple opposed vigourously. This tense history with Apple might explain why Ulrich is happy to argue that Steve Jobs' change of strategy may have been made easier by the fact that "Apple has a dominant position in the media player market [
] and does not need DRMs anymore to maintain this position." He also adds that "Apple may have felt the pressure from consumer groups and lawmakers in Europe." (in Dumout )
Independent labels now assume that their DRM-free music will be available on iTunes
The SPPF says it is very likely that "independent labels will now ask Apple to distribute their DRM-free music,"and "sees no reason for Apple to refuse."(in Dumout)
2. The majors say "definitely maybe", consumer group asks for more
The majors say that the decision on DRMs is theirs
Hervé Rony of the SNEP (Syndicat national de l'édition phonographique), whose members include the four majors, was defiant, saying that Steve Jobs' declaration was "a PR coup tainted with hypocrisy". He added that Apple was not entitled to "take the moral high-ground" nor "threaten the majors". The SNEP deplored an "unkind proposal" arguing that "the majors have helped Apple becoming a recognised player in online music" (in Crouzillacq). Steve Jobs' move is seen by Hervé Rony as "the attempt of a hardware manufacturer to avoid liability on the interoperability issue" exposing Jobs' "true colors as a salesman who does not care about DRMs [
] and despises the music world". The SNEP considers that it is the music majors' prerogative to decide the fate of DRMs which are still viewed as "an essential premise for the protection of works on [online] platforms". The SNEP also says that "we must allow time for the interoperability agency introduced by the new copyright law to be up-and running". (in Dumout)
A consumer group asks the government to "free internet music"
In a press release , the UFC-Que Choisir , one of France's largest and most pro-active consumer groups, urged the Culture Minister to "free internet music" by "encouraging the majors to drop DRMs [
] which destroy the value of music, deter innovation and promote anti-competitive behaviours and tied selling".
3. The government is satisfied that the new copyright law accommodates all strategies to ensure interoperability
In a press release , Renaud Donnedieu de Vabres, the Culture Minister said "he was delighted that Apple had taken into account the concerns of the public, the creators and the government, all of which were asking for a right to interoperability". The Minister claims that the interoperability requirement for DRMs was "one of the breakthroughs" of the new copyright law.
The Minister argues that the new legal framework allows for great flexibility and can accommodate any strategy to reach interoperability. Content producers can join independent labels in dropping DRMs altogether, a choice that is now being promoted by Steve Jobs. However, the Minister also thinks that "new models of access to culture such as [
online] movie rentals [
] which rely on [DRMs]" should be invented. In that case, "technology serves culture, not the other way round". If the DRM option is maintained, "interoperability will be implemented by the new agency created by the law (l'Autorité de régulation des mesures techniques)". The new copyright law, the Minister concludes, "leaves all options open".
Sources Illustrations: - Picture of the Culture Minister taken from the website of the Prime Minister
- Picture of Steve Jobs taken from Methodshop.com Please report any technical, legal or linguistic error. You can do that through the contact section. It would be very helpful. Many thanks.
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