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Posted Jul 3, 2006 11:24 by KJM Listed in: iTunes, Music, News, Opinion & Analysis, Apple Corporate Tags: Sony, patent, France, JVC, Thomas Edison
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iPODIn a recent lawsuit filed by Apple in an E.U. court, the French government had been accused of "state-sponsored piracy." At the heart of the matter is an European Copyright law governing digital music downloads.


Despite Apple's cry of "foul!," the intention of this law would require that any music downloaded from any online music merchant needs to be playable on any digital music device. This could potentially rob Apple of a monopoly. On the other hand, it would be helpful to those downloading music if and when they chose to switch to a different portable music player, or transfer their downloads to a PDA or cell phones. The law is an attempt to create a standard music format that is playable on any device or platform.

Otherwise, users would be required to re-purchase the same tunes each time they wished to change devices.

The issue is far from simple; like laws in any democratic society, it must balance the needs and desires of both sides. From Apple's perspective, it is being forced to make its proprietary music format compatible with devices manufactured by rival companies. The French law does contain some loopholes; French artists whose performances are sold exclusively though iTunes may require that their works be made available solely in the iPod format. Additionally, the law must take patent protections into consideration. However, if Apple fails in its lawsuit, it may pull out of the French market.

Every new piece of technology that is developed is a two-edged sword. At one time, the ability to play music live was considered a valuable and useful skill. David was retained by King Saul to play the harp for him. In ancient Celtic society, bards were at the right hand of the King and could pass judgement on him. More recently (18th and 19th centuries), musicians were retained by wealthy patrons as household servants and nearly every town had its community band or orchestra.

Thomas Edison changed all of that. Now, anyone could have music any time - without the expense of live musicians.

GramophoneThe format in which recorded music has been kept has changed dramatically in little over a hundred years. Since 1900, we've come from bulky, spring-driven, wind-up machines the size of packing crates to slim, pocket-sized devices - and the sound quality has improved immeasurable.

Still, up until the compact disk, the format was uniform. A wax disk playable on an Edison gramophone was playable on an RCA Victrola. Audio reel-to-reels worked with players manufactured by Teac or Sony. CD's could be played on your JVC home stereo or your Sony Discman.

None of these companies seemed to suffer much from an interchangeable format. Quite the contrary, most of them prospered, and consumers wound up getting better and less expensive machines.

Considering that the "Law of the Marketplace" seems to drive everything and is fervently embraced by everyone nowadays, perhaps Apple should simply stop fighting the issue and let the marketplace decide what's best.

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