Virgin's attempt to force Apple to open up its digital rights management (DRM) technology has failed.

The French Competition Council has dismissed a Virgin France case that alleged Apple had abused market dominance.

Virgin France argued that Apple should open up its digital rights management (DRM) technology in order to allow Virgin downloads to be played on the iPod.

The council rejected the case due to lack of "sufficiently convincing elements".

According to a ZDNet report, the council ruled that: "Access to the FairPlay DRM isn't indispensable to the development of legal platforms for the downloading of online music. The market is in rapid expansion and very dynamic in France, as well as in other European countries and the US".

But the council did note that the lack of interoperability between different download sites and music players is "a disadvantage for consumers".

As for Virgin's claim that Apple is abusing its market dominance, the council suggested that Apple's "possibly dominant position in the hard-disc music player market, and the competition situation with regard to the download market, isn't established".