Legal fights in France against CD copy protection

Publié le :

Two French consumers-defense organizations are legally fighting music majors over copy protected CDs. UFC-Que Choisir (the biggest independent, i.e. non governmental, French consumer organization) has filled a complaint against EMI, Virgin and BMG. CLCV has done the same against EMI, BMG and Sony.

They want the end of all technological measures abusively installed on CDs to prevent the right to private copy and use on whatever device consumers see fit (HiFi set, computer, radio-CD, car, etc.)

Sony has announced they would drop those systems on new CDs and is in talks with CLCV. EMI is waiting for the court hearings. The audience for BMG is scheduled late June.

CLCV has chosen to attack on the ground that the consumer is fooled by the lack of information regarding the measures taken and the list of systems on which the CDs will not play (that is a juridic tactic, since they condemn the protection per se). In other words, they argue that majors are deliberately introducing a flaw in the product, which may be a sensible argument to the court. The French civil code offers strong protection to the consumers, without time limit, over hidden flaws.

[source: Transfert]