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France: Warner music ordered to pay fine for DRM use

Posted at 31 January 2006 14:22 CEST by Crabbyappleton
feedback10k used our news submit to tell us about some breaking news concerning Digital Rights Management coming from France. We know that recently there has been some activity in the area of fair use in this country. Well, here is an uplifting victory for the consumer. Whether this kind of decision for the consumer can survive the long haul, is anyones guess. At any rate, we should find the actions in France interesting to monitor as this situation unfolds! On January 10th, the Paris District Court ruled against Warner Music's DRM measures included on the 'Testify" CD from Phil Collins. The court fined the music company 59,50 euros for the plaintiff's damages and an additional 5000 euros as a punitive fine. In addition and what is most important to the consumer, is that Warner is now forbidden to use a DRM measure if it prohibits the purchaser from making copies. This decision is not definitive but it was supported by the famous French Consumer Association 'UFC-Que Choisir" who will not hesitate to defend it in front of the Court of Appeal, if necessary. And especially since its result is not suprising. It upholds the previous 2005 April 15th decision from the Versailles Court of Appeals about a CD from the French singer Alain Souchon, and the 2005 April 22nd decision from the Paris Court of Appeals about a DVD from the French producer Alain Sarde.For those living in this part of the world or really any of us interested in the fight for fair use rights and the impact upon them by todays DRM measures, you can read the story in it's entirety at the Audionautes website. There are also some new measures being considered in February by the French Parliament, concerning P2P file sharing that are detailed in the article as well. Source: Audionautes

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There are 6 comments

Controller
CD Freaks Member
Posted on: 31 Jan 06 16:16
    "The court fined the music company 59,50 euros for the plaintiff's damages and an additional 5000 euros as a punitive fine." Wow! Will this ever bankrupt Warner Music!
    bichonn
    MyCE Resident
    Posted on: 31 Jan 06 17:59
      59.50 + 5000 X xxx = yes
      Controller
      CD Freaks Member
      Posted on: 31 Jan 06 19:36
        59.50 + 5000 X 1 = You got to be kidding!
        omen71
        CD Freaks Rookie
        Posted on: 31 Jan 06 20:17
          So did they open the petty cash tin to pay the fine? :rTo Warner
          gabek
          New on Forum
          Posted on: 31 Jan 06 21:02
            Well, it won't drive them under the bridge, but it still is a breach in the wall... isn't it?
            Nila
            CD Freaks Senior Member
            Posted on: 01 Feb 06 11:29
              It's not the fine that's the important bit here it's the fact they're now banned from doing it ever again. It sets a very strong president for all types of media - film and music!

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