[DCapple]

As for what might result should Apple decide to flee France, the report says that the company wouldn't stand to lose very much if it were to resort to such a drastic move. JP Morgan suspects that Apple's online music business in France is a mere 1% to 2% of Apple's total music revenues, and besides, Apple's other products will still continue to be sold no matter what.

hmmmm....well i think its like a fight of David and Goliath..i wonder whose gonna win..

[Troll]

Originally Posted by DCapple

hmmmm....well i think its like a fight of David and Goliath..i wonder whose gonna win..

Why do they think that just withdrawing the online music business would be enough. The French government seem to see the iPod as part of the monopoly Apple has created. If that's the case, then Apple's hardware business in France could be at risk too and for years France was the biggest Apple market in Europe. Not sure if that's still the case, but France is a significant market that Apple could ill-afford to ignore.

[TETENAL]

The iPod plays mp3s (the industry standard) so it plays competitors' files just fine.

[Troll]

Originally Posted by TETENAL

The iPod plays mp3s (the industry standard) so it plays competitors' files just fine.

Which industry is that though? MP3 isn't the standard in the legal downloads industry. I think ultimately the French will have to cave on this one, but I think it's dangerous to think that simply withdrawing the ITMS from France will solve the legal problems.

[Kevin]

France doesn't have to use it.

I think this is just another case of France not wanting to adopt Americanisms again.

Look for them to make their OWN ipod and online music store.

[TETENAL]

Originally Posted by Troll

Which industry is that though? MP3 isn't the standard in the legal downloads industry. I think ultimately the French will have to cave on this one, but I think it's dangerous to think that simply withdrawing the ITMS from France will solve the legal problems.

What I have read the law requires you to license DRM to others whenever you sell rights managed media. The iPod doesn't sell any media it just plays it. The iPod is a licensee of Fairplay, not a licenser. And it just happens to not be a licensee of the Windows Media DRM. Just like other mp3 players would probably choose not to license Fairplay even in case Apple would license the system. And that would be fine as well. I don't see a legal problem with the iPod.

[demograph68]

"If you legally acquire music, you need to have the right to manage it on all other devices that you own."

[Troll]

Originally Posted by TETENAL

What I have read the law requires you to license DRM to others whenever you sell rights managed media.

Yeah, it looks like you're right. The law only applies to selling music in France. So if they stopped selling music in France they should be okay, provided the law isn't given retrospective effect.

[TETENAL]

Originally Posted by Troll

[…] provided the law isn't given retrospective effect.

Which a law can't do.

[turtle777]

Originally Posted by DCapple

Apple is not affected by the French government's actions

Of course it is, but NOT Apple's bottom line.

The iTMS will go away, iPod sales might go up. Financially, it might just be a wash.

-t

[mduell]

Analysts have also predicted that other countries will follow.

[Troll]

Originally Posted by TETENAL

Which a law can't do.

Oh yes it can. I doubt this one will be but there are laws that have been retroactive in the past - even EU tax laws. Criminal laws can't be retroactive but there's no restriction on other laws.

http://en.wikipedia.org/wiki/Ex_post_facto

[TETENAL]

Well, the German wikipedia says it sort of can't.

http://de.wikipedia.org/wiki/Rückwirkung

They speak of "real retroaction" and "not real retroaction" and according to them the "real retroaction" is not allowed (with exceptions).

[turtle777]

Originally Posted by TETENAL

Well, the German wikipedia says it sort of can't.

http://de.wikipedia.org/wiki/Rückwirkung

They speak of "real retroaction" and "not real retroaction" and according to them the "real retroaction" is not allowed (with exceptions).

Of course it can.

It happens in German tax law all the time. That's why your IRS tax return is always preliminary ("vorlaeufig"), so they can go back and change the tax law in retrospect.

This sh!t cost my dad EUR 60,000, because they changed tax law of 2003

-t

[DCapple]

i hate talking about tax!!!

cause everytime i hear that word it really goes to my nerves cause i always wonder where did all our taxes go!!! i mean its a lot of money, right?

[Webscreamer]

Their law they want to pass does make sense. Let's say in 20 years Apple is out of business for some reason, thus stopped making iTunes, our music would be gone forever...that we paid for then have to buy again.