France's New DRM Authority

UNCLAS PARIS 001472 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: ETRD ECON ECPS KIPR FR SUBJECT: France's New DRM Authority NOT FOR INTERNET DISTRIBUTION Summary -------------- ¶1. (SBU) French Culture Minister Renaud Donnedieu de Vabres announced on April 6 the establishment of the Technical Measures Regulation Authority (TMRA),which will decide on issues of interoperability of digital rights management (DRM) systems, as well as rights to copy original works for private use. Both principles stem from the controversial French digital copyright law adopted on August 1, 2006. Donnedieu de Vabres also unveiled the names of the new authority's six members, all well-seasoned copyright attorneys or new technology professionals. Coming 10 days before the first round of France's presidential elections -- but announced just before the long Easter week-end -- the decree indicates the government's determination to take credit for opening the way to interoperability while seeking to minimize public scrutiny. Although presented as a "fait accompli," it is not clear whether this new institution will survive a likely legal challenge to its authority by "freeware" associations, or presidential elections in which all contenders have vowed to review the digital copyright law. End of Summary. The Easter surprise: a new authority -------------- ¶2. (SBU) The draft decree establishing a Technical Measures Regulation Authority (TMRA) had disappeared from public view for two months, while it was reviewed by France's highest administrative court, the State Council. It could have been discreetly buried there, to be revived or not after the Presidential elections. Instead, French Culture Minister Donnedieu de Vabres followed through on his commitment to install a new regulator to ensure that the copyright law's provisions on interoperability will be applied. Under the decree, as provided for by the law passed last year, consumers are permitted to make an as yet undetermined number of copies of original copyrighted works for private use. ¶3. (SBU) Donnedieu de Vabres noted that reported discussions between Apple and EMI on offering the EMI music catalog DRM-free on iTunes did not obviate the need for a DRM authority in France. This possible agreement did not mean the end of all DRM systems, he said, pointing out they had existed for a long time, and would likely continue to exist in some form for the foreseeable future. Introducing the members of the new authority -------------- ¶4. (U) Donnedieu de Vabres made his announcement surrounded by the six members of the TMRA. The new members are appointed by the organizations they represent for six year terms. They are: Jean Musitelli, member of the State Council, whom the Culture Minister presented as the drafter of the UNESCO Convention on the Protection and the Promotion of the Diversity of Cultural Expressions (which the U.S. strongly opposed); Marie-Francoise Marais, member of France's highest Civil Court "Cour de Cassation," and a specialist of literary and artistic copyright; Patrick Bouquet, member of the Accounting Court (akin to the GAO in the U.S.) and an economic and new technology expert; Pierre Sirinelli, member of the High Council for literary and artistic copyright as well as Professor of copyright in the digital environment at the Sorbonne; Christian Saguez, President of the Commission on Information Technology and Communication of the French Academy of Technologies as well as Professor at "Ecole Centrale"; and Tristan d'Albis, president of the Commission on Private Copy. ¶5. (U) Donnedieu de Vabres closed his speech by recalling some of the powers of the new authority. They include the ability to issue injunctions to require companies to communicate to competitors essential information necessary for interoperability following "just and prior" compensation, as called for by the August 2006 French Constitutional Council amendment to the digital copyright law. The Constitutional Council also gave the TMRA the power to punish illegal downloading with penalties of up to five years imprisonment and a 500,000 euro fine. Will the new authority survive unchanged? -------------- ¶6. (U) Presidential contenders Nicolas Sarkozy (leading Center-right UMP Party),Segolene Royal (Socialist Party) and Francois Bayrou (Center) have all pledged to take another look at France's implementation of the May 2001 EU Copyright Directive. They all dislike aspects of the current law, but it is not clear whether they would do away with the new authority, maintain it as is, blend it into another regulatory body or just give it different powers. Sarkozy thinks there are too many regulators in new technologies, while advisors to Royal appear strongly sympathetic to the open source movement and may be disposed towards regulations that encourage movement in that direction. Stapleton