Leading French lawmakers agreed Thursday to water down a draft copyright law that had threatened the future of the iPod in France....
....The compromise text, which is subject to a final vote in both houses before becoming law, still asserts that companies should share the data essential to such "interoperability."
But in what could be a significant loophole, it allows compatibility restrictions on music and video downloads to be decided by the copyright holders -- potentially allowing Apple and others to sidestep the information requirement by striking deals with record labels and artists.
What's not clear from the story is whether this is a false choice or not. That is, could iTunes and others could simply refuse to offer the music of artists/labels who "choose" that their tracks to be interoperable? Or, is Apple (and others) required to abide by the choice? And, even if they are, one would assume that that a music store could highlight those "who work with them" and bury content for those working "against" them?
Regardless, instead of legislation that attempts to create rules around a snapshot of time -- we hope that market solutions have a chance to prove themselves. iTunes may be dominant today but so was AOL and Compuserve not so long ago. If there can be content industry approved DRM solutions that focus on authentication at the individual consumer level -- instead of the device level -- than clumsy interoperability mandates can be rendered moot. Sun's Open Media Commons attempts to hit this sweet spot.
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