VZCZCXRO2924
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHFR #1472 1021529
ZNR UUUUU ZZH
R 121529Z APR 07
FM AMEMBASSY PARIS
TO RUEHC/SECSTATE WASHDC 6444
RUEAFCC/FCC WASHDC
RUCPDOC/DEPARTMENT OF COMMERCE WASHDC
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE

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