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In 2006, France enacted DADVSI, which includes a requirement that TPMs must not prevent effective interoperability between digital file formats and the various software and devices on which they can be played.
When trying to decide which institution would be best suited to enforce DADVSI's new interoperability requirement, the French Parliament observed that the Council decision was legally sound and that, since then, no new element had emerged that would make the Council reverse its decision.
In spite of these shortcomings, the French framework created by DADVSI may have already had an impact on the global marketplace for TPMs, at least in the field of digital music.
DADVSI also clearly illustrates the intention of the French government and Parliament to address the consumer issues raised by TPMs.
(72) It is important to note that the case was decided by application of copyright law as it was decided prior to the adoption of DADVSI. One of the aims of DADVSI was to offer some guarantees that the use of TPMs would not deprive consumers of the benefit of copyright exceptions such as the private copying exception.
Although ARMT has not yet issued any opinions, Apple switched its policy regarding TPMs following the enactment of DADVSI, possibly in response to the French legislation.
The disagreement over the inclusion of DRM use in the DADVSI law is understandable for a number of reasons.
The fear is that if the DADVSI becomes law, private copying will no longer be legal.
And, perhaps more importantly, as Nitot explains, "Linux machines cannot read any media protected by DRMs." Since the DADVSI law makes it a criminal offense to crack a DRM program, as well as share the crack code, it basically ignores open source users.
Alternative sites, such as lestelechargements.net, have sprung up where discussion about the DADVSI law is lively and predominantly anti-DRM.
Despite the controversy surrounding it, the DADVSI law does have some positive points.
To the end of alleviating these problems in interpretation, the DADVSI Bill endeavors, in its Articles 8 and 9, creates an "Authority for the regulation of technical measures" which will fix the minimum number of authorized private copies with regards to the type of work at stake, the media used for the representation of the work, and the kind of technical measure used.
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