French to Apple: We Surrender Posted Wed Jul 5, 2006, 9:43 AM ET

The French senate and national assembly have voted to approve a copyright law revision that ostensibly requires music players and downloads to be interoperable across all platforms. At least, that is the way mainstream media are reporting the story. Inexplicably described as a defeat for Apple—which is grimly determined to keep iTunes purchases playable only on the iPod—the compromise nonetheless contains enough wiggle room to undermine its main premise: (1) If record companies agree that iTunes downloads must not play on other devices, Apple's Fairplay DRM will stand as is. (2) Rivals seeking to make iTunes downloads playable on their own hardware must first prove to a French regulatory agency that there will be no conflict with Apple patents or other rights. These two loopholes will ensure that iTunes downloads and iPods will remain joined at the hip. Of course the law isn't specifically about Apple. The same loopholes apply to any would-be monopolist seeking to bind hardware and software together. Apple just happens to be the most successful one. However, Jobs will have to keep looking over his shoulder. The interoperability movement is also rising in Scandinavia, Britain, and Poland.

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