La gestion des DRM en perspective

2- Right of engraving and transfer

The CGV of e-compil^216(*), service of Universal Music One Line indicate that the offers of remote loading in line of music are the subject of a license which allows to carry out an engraving on a support of the type CD-R and 3 transfers on portable peripherals. ^217(*)

The policy of OD2/MSN^218(*), gate emblematic of Microsoft, indicates well that the titles are supplied with a protected license which enables them to function only on the computer on which they were downloaded. But the number of possible engraving nor of transfer does not specify precisely : « You however can, for the majority of them, to engrave them on CD or to transfer them on a numerical walkman ». ^219(*)

The services offered by OD2/Wanadoo/MTV^220(*) and offer OD2/Wanadoo^221(*) indicate, clearly, that it is not possible of : «to make copies of the titles listened in « streaming » neither by safeguarding them on your hard disk, neither by engraving them on ROMANIAN CD, nor by transferring them on a numerical walkman, etc... On the other hand, the engraving and of numerical transfer on walkmans of the titles in remote loading are authorized a certain number of times. In order to know this number, follow the bond «Rights» associated with each title. You cannot either copy the titles to offer them, sell them, rent them, diffuse them, send them or give them to friends, with your family..., nor with very an other person ».

Fnac digital^222(*) indicates that the license allows a transfer « on your assistant or numerical walkman, but not on another computer. This license must systematically accompany file WMA so that the corresponding song can be played by Windows Player media ». ^223(*)

At Numéricable^224(*), the conditions are also rather vague insofar as they specify that if « All our music is supplied with a protected license which enables him to function only on the computer on which it was downloaded. In certain cases, you can engrave it on a CD-R or to transmit it to a numerical walkman but you will not be able to copy it from another computer ».

The offer suggested by Wallmart indicates that if one wants to listen to the titles downloaded on Wallmart after having bought a new computer, it is necessary beforehand to have made a copy of the titles and licenses corresponding and to transfer them on your computer. This option of « back up » of the licenses being done through Windows Media Player 9. This possibility of back up is possible on two computers in addition to that used.^225(*) Moreover, it makes it possible To engrave up to 10 times the downloaded titles.^226(*) The transfer to walkmans compatible with WMP is unlimited. ^227(*)

iTunes proposes when with him a possibility of engraving the titles on CD and in the case of of listening to them on iPods (wandering APPLE) in way unlimited a personal use and allows a transfer of those on three computers PC or Macintosh. ^228(*)

Like iTunes, Wippit makes it possible to the users to engrave the various titles downloaded on from CDs and to transfer them on walkmans. Moreover, Wippit allows the setting in division of the whole of the files downloaded within Wippit.

As we have just seen it, the offers are varied and are right also associated. One will however note a flexibility in the offers coming from US which are more flexible in their policy. Moreover, the provision of a customer service, accessible via mall and telephone number will allow, at least in posting, to have better a priori user point of view of.

* ²¹⁶ www.e-compil.fr/help/cgv.jsp

* ²¹⁷ Ibid, article 5.5

* ²¹⁸ http://sib1.od2.com/common/frameset/frames.asp

* ²¹⁹ It states nevertheless that: «  All the songs inevitably do not have the rights of engraving. They are the houses of discs (Labels) which decide these rights for each song. The Reader Media checks the licenses of each song to check that such or such title has the rights enabling him to be engraved. (...) The permanent remote loadings can be copied by the reader Windows Media from walkmans  ».

* ²²⁰ www.mtv.fr/mtv.fr/jhtml/shp/MaHttpMusicDownload.jhtml?u=http://sib1.od2.com/common/config.asp%3Fshop%3D34%26associd%3D2

* ²²¹ www.wanadoo.fr/bin/frame2.cgi?u=http%3A//sib1.od2.com/common/config.asp%3Fshop%3D6%26associd%3D7%26clear%3Dtrue%26initialised%3D1

* ²²² http://sib1.od2.com/common/frameset/frames.asp

* ²²³ On the other hand, on line is indicated for each title of the album the characteristics and rights associated with this one (cf Appendix 2)

* ²²⁴ http://sib1.od2.com/common/frameset/frames.asp

* ²²⁵ http://musicdownloads.walmart.com/catalog/servlet/HelpTopicServlet?topicIndex=2

* ²²⁶ http://musicdownloads.walmart.com/catalog/servlet/HelpTopicServlet?topicIndex=5

* ²²⁷ http://musicdownloads.walmart.com/catalog/servlet/HelpTopicServlet?topicIndex=6

* ²²⁸ www.apple.com/itunes/store/