According to ZDNet france, http://news.zdnet.fr/story/0,,t118-s2136597,00.html

EMI France has been condemned to clearly advertise the fact that a CD is protected and could not be played on certain systems.

Condemned for " lack of information and fraud " about the last CD of Liane Foly titled "Au fur et à mesure".

EMI MUST put warnings in minimum 2.5 mm prints. "Warning, this CD cannot be played on all home players or car players".

EMI has one month to comply to the ruling. Or pay 1000 euros for each days late.

A first ruling that will certainly be used to convince other editors.

But that does not fix the problem of using protected CDs at all and their legality.

Let's hope for a better future.

The one thing that works in almost all countries is, we get what
we vote for. I'm talking about the ballots that we carry in our wallets.
Do we want Microsoft to be a virtual monopoly, yup, we vote for it.
Do we want a drug problem in this country? Yup again. We cast several
billion votes a year for that one.

Do you want the industry to produce copy-protected CD's and DVD's?
The decision is ours. Don't vote for them and they won't produce them.
Its a great system but you gotta take an active role.

Dex

EMI must pay 10,000 euros to CLCV too.

I made an approximative translation of the second part :

CLCV is naturally satisfied with such a sentence. "But we don't leave EMI", warns Frédérique Pfrunder, in charge for the association. If they don't apply themselves this sentence to all other protected CDs they commercialize, we won't hesitate to go to court again, backuped with this sentence.

With this, the pressure is now on other labels, that also use anticopy systems. CLCV also lodged a complaint against Sony Music France and BMG for the same reasons. While UFC-Que choisir went against EMI and Warner music, demanding the "withdrawing of the illegal keys". They also lodged against Studio Canal for a protection on a DVD, and Auchan and FNAC distributors.
The two associations plan to work together in order to make their voice heard by (senators ?), before they examine the next bill aimed at adjusting copyright to the digital era. This one features controversial statements about circumventing the techniques employed to protect works.
But common legal actions are not planned. According to Frédérique Pfrunder "this is as well, because this increases the reasons to act and the sentences".

CLCV=Consommation, logement et cadre de vie = Consuming, housing and environment association.
UFC-Que choisir=Union Fédérale des Consommateurs - Que Choisir = Federal Union of consumers - "What to choose" (name of their magazine).

Well, I think that these are good news. Selling Copy protected audio CDs without advertising it is simply a fraud. But on the other hand, I think big distributors like FNAC should be forced to place Copy Protected crap on an entire different section, like DVDs. Because placing them with the proper CDs it's tricky to say the least.

For example, I went yesterday to the local FNAC to buy some CDs, Radiohead's last album and some others, but on the last minute I readed on the back of the CD that it was Copy Ptrotected. I just went back and left that one on the shelves. Well, at least this one was properly labelled, and that's ok for me, cause I could make my choice of not buying it. But the point is that I almost got fooled to buy something I didn't want.

Back at home, I found that the album was avaliable for download on several p2p networks in different qualities and formats. And that's what I did, just downloaded it.

If they release a proper CD, I'd go and buy it. If not, I'll stick to my downloaded copy. And that's all. I will never buy a copy protected CD.



Enjoy!

Frankly, I hope all the big record companies go out of business -- the sooner, the better.

These companies are dinosaurs that don't belong in the 21st century. Their response to the file-trading situation has been nothing short of a mindless fiasco, and continues to be (now they're going after individual users through ISP's) -- and continue with things like "copy protected" CD's... I doubt they have a single person with IQ over 100, and bank account under $1 million working for them.

The day the record companies go out of business, I'm giving a party. Free beer and potato chips for everyone who shows up.

Those disclaimers are misleading. They should say something along these lines:

"Warning, the audio/data content of this CD has been tampered before pressing, to add ERRORS in a hopeless attempt to discourage casual copying. Therefore, this CD does not comply with the CD Audio format, and it is expected to fail completely on many systems or at least produce problems in many hardware/software combinations. Also be really careful not to scarch the discs, because with the included errors, the scratches will quickly render this disc useless long before a normal CD Audio compliant disc would."

This is what governments should force on those fraudulent media recording labels... And people should demand their consumer rights to be respected.

Its not a question of "hoping". Its you that controls it.
(and me). See my first post. If you want them to go out of
business, stop "voting" for them to stay in business!

Dex

For the second time EMI France has been condemened. http://www.zdnet.fr/actualites/technologie...39116752,00.htm

Heard on TV and Radio.

This time it is for selling CDs with a " Vice caché " i.e : " Hidden defect " that prevents using it on " Standard players ".

I just love judgements like that.

...

The life saving act " Format C: "

Hmm, i don't have this problem: it has been more than 5 years ago, since i bought a CD from the "big five". Most CDs i buy are from small labels - some of the artists i listen to don't even have a label and are burning their CDs themselves! For some strange reason, they wouldn't dare to sell "damaged" CDs. And if one of them would, i would immediatelly abandon this artist and warn everyone who also likes them that i know of.

Simple rule: play fair or be boycotted!

- Lyx

Actually, I think people should get informed before posting bullshit.

More info on that:
http://www.hydrogenaudio.org/forums/index....indpost&p=78537

Personally, I don't care if a CD cannot be copied. At worse, it could still be transferred in real-time into a PC just like a vinyl record would, then re-burned. The sound would still be okay.

BUT, I expect it to play perfectly in ALL standalone CD players, no matter when the player was built. If it doesn't, it's defective and should be returned to the store and money given back to the consumer.

All they can do to coax us to buy the original CDs is to offer extra goodies like stickers, folded inserts, thick detailed hard-to-reproduce booklets and such, NOT crap up the quality of the CD, godammit.

Aldi

A worrying follow up in EMI protected CDs I read there (in french)
http://www.macbidouille.com/niouzcontenu.p...2003-11-22#7268

The guy wanted to have his CDs changed for non protected versions, so EMI said it was "forced" to start the mastering of a new CD to satisfy his request.

Early november the guy received 2 CDs and a tearfull letter justifying copy protection, one CDs is an original copy protected, the second one is "Personalised" namely to the owner AND it has a digital watermark.

So he is said to really take care of his CDs in preventing them appearing on the net because he would be liable for this improper usage.

I don't know for you, but I begin to think that it's a new move from EMI to discourage people to have the CDs exchanged for really (in all areas) non protected ones.

I wouldn't mind my CDs being watermarked so that I couldn't share them... but for god's sake I shouldn't have to get a copy of Blindwrite so that I can make CDs that will play in my $4000 hi-fi!!!! My hi-fi is simple... red book licenced CD Player and Amp and speakers.... but my CDs aren't red book compliant!!!! Thanks BMG!

I happen to be a big fan of BMRC and Kings of Leon but had to use Blindwrite to make CDs that would play on my:

1. Hi fi
2. Audi car stereo
3. rip to MP3s for use on planes with my MPIO FL100 MP3 player

The only good thing in this is that Blindwrite means that I can write my own non-copy protected CDs and then rip them, which means I don't have to join a P2P file sharing network!


Fairy

Oh and I live in a country with no "fair use" law! Which I object to... when one purchases music one is purchasing a licence to listen to the music not a "tape", "LP", or "CD"!

Just let me listen to my music on the equipment I own and not buy a different bit of hardware every time a new copy protection mechanism comes out!

Fairy

For the third time today, EMI France and the french retailer FNAC have been put " under examination " (don't know the translation for " mis en examen " so it's litteral) for " fraud on the substantial quality " of the compact discs.

EMI for putting the protection on the CDs and the FNAC for not advertising the fact that the CD may not be playable on some players.

News (in french).

But this time the state anti-fraud organisation (DDCCRF) conducted tests to verify the complaints and indeed noticed that the cited discs were not playable on many players.

I'm really wondering what will be EMI's next move. Since my only protected CD " Sarah Brightman's Harem " with a little scratch got one track unrecoverable by EAC and it's going to make me boycott her next album if it's to be protected too.

Edit : In fact the DDCCRF took the specifications of the Red Book and arrived to the conclusion that the playing problems, even though not systematics, happen a little too much and in fact constitute a structural defect, directly related to the addition of anti-copy systems and a data session. " It souldn't even be called a CD " they say.

Well, for the data session I think we should send them the specifications of the " Yellow Book " base of the CD Extra.

That's a great news ! He has the original and the watermarked version. So it should be easy to compare the contents and see where the watermark is for reverse-engineering !

Update for non french readers.

Yesterday's ruling for EMI & FNAC in english.