Parts of French ‘iPod Law’ Struck Down
The French Constitutional Council has declared major aspects of the so-called iPod law unconstitutional, undermining some controversial aspects of the legislation.
“ Apple’s lawyers might want to drink a glass of French Champagne today, but not a whole bottle,” said Dominique Ménard, a partner at the Lovells law firm and a specialist in intellectual property. “The Constitutional Council has highlighted fundamental protections for intellectual property in such a way as to put iTunes a little further from risk of the French law.”
Released late Thursday, the council’s 12-page legal finding made frequent reference to the 1789 Declaration on Human Rights and concluded that the iPod law violated the constitutional protections of property.
In particular, the council eliminated reduced fines for file sharing and said companies could not be forced, without compensation, to make music sold online compatible with any music device.
“ Apple’s lawyers might want to drink a glass of French Champagne today, but not a whole bottle,” said Dominique Ménard, a partner at the Lovells law firm and a specialist in intellectual property. “The Constitutional Council has highlighted fundamental protections for intellectual property in such a way as to put iTunes a little further from risk of the French law.”
Released late Thursday, the council’s 12-page legal finding made frequent reference to the 1789 Declaration on Human Rights and concluded that the iPod law violated the constitutional protections of property.
In particular, the council eliminated reduced fines for file sharing and said companies could not be forced, without compensation, to make music sold online compatible with any music device.