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Print 11 comment(s) - last by SiliconDoc.. on Apr 25 at 4:55 AM

Three Strikes Law out in France

Internet piracy is a hot topic issue.  Across America and other industrialized nations, millions of people are file sharing, illegally transferring copyrighted works.  While this behavior is certainly illicit, the record labels have struggled with exactly how to prosecute so many people.  Meanwhile, plagued with mismanagement and poor releases coupled with a bad economy, corporate record labels like Sony, EMI, and BMG have seen their revenues plunge.

The International Federation of the Phonographic Industry (IFPI), parent organization of RIAA, believed it had finally found answer -- lobby for the enactment of anti-piracy laws that would force ISPs to sever the internet of those sharing copyrighted works.  The only problem was no one opted for such laws that would potentially cut millions of internet-using citizens from the internet.

At last, France became the first to officially make headway towards passing such legislation, thanks to personal support from French President Nicolas Sarkozy.  The bill passed through the French Senate and only awaited the National Assembly -- France's equivalent to the House of Representatives.  The bill would create a "three-strikes" policy for file sharers. 

The government would pick up the tab (at taxpayers' expense) to police the internet and search for file sharers.  If someone was found file sharing, they would be sent a warning email.  This would be followed with a letter to the internet service provider (ISP)-provided address.  On the "third strike" the ISP would cancel their service, and they would be disallowed to purchase services from other ISPs.

A major obstacle was European Union laws that prevented such policies.  However, in a special EU meeting of Prime Ministers and Presidents, President Sarkozy bullied the other leaders into agreeing to overturn the ruling, essentially throwing out the European Parliament's consensus.

However, the bill has been struck down by the National Assembly, ultimately undone by a variety of opposing views.  One major sticking point was the reaction from ISPs who were concerned about potentially losing millions in revenue by being forced to sever large number of customers.  Then there were concerns voiced over increased government surveillance and the fact that hackers or internet squatters could usurp innocent users’ connections and lead to their ouster. 

The record industry has struggled in court over proving that file uploads and downloads originated from a specific person's hardware -- a particularly thorny issue for colleges and other locations where multiple people can use the same IP address.

Socialist parliamentarian Patrick Bloche cheered the rejection of the bill, which he called "dangerous, useless, inefficient, and very risky for us citizens."  Two members of Mr Sarkozy's own majority government party broke party lines to vote in opposition to the bill.

Beaten back, President Sarkozy still has plans to punish the pirates.  He and his ministers are working on revised legislation with softer terms, which they will try to reintroduce later in the year.



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By Hakuryu on 4/16/2009 4:56:53 PM , Rating: 1
If they really want to stop these people from sharing copyrighted works, why not ban them from being able to buy copyrighted works? Share a movie and you no longer can buy a movie seems much more logical than share a movie and you no longer receive email, pay bills online, find out what the weather is going to be like, look up goverment resources, update your OS, or any of the million other things you can do on the internet.

Of course it would be impossible to enforce, but sponsoring a bill like that might show how silly the current one is. The IFPI is all for trying to stop piracy, unless the pirates themselves cannot purchase their entertainment to begin with.




By mindless1 on 4/19/2009 8:06:59 PM , Rating: 2
Since more and more purchases are occurring online, banning internet access may indeed stop people from buying a lot of copyrighted works.

You already knew the answer though, that they are two separate acts, buying and sharing, and that the whole point behind the copyright is a means to reserve control in order to be paid, you have to look at the purpose of a law to see what is intended as justice.


By SiliconDoc on 4/25/2009 4:55:13 AM , Rating: 2
You bring up a good point, certainly only the top of the iceberg, especially going forward.
They will soon not send paper bills for utlities - and many other things - so what the tyranny will wind up doing is hiring a bunch of government payees to slave monitor those they've banned from access.
It will be a whole new area of "law enforcement" where in order to keep those banned " in the populace and living a prodcutive life as much as possible for the honor and glory of the state" - they will have their government minders checking their bills and accessing the government controlled interface to pay it all up for the monitored little slaves that got banned. LOL
If they're renting, the lord of the property will have to cooperate with the law enforcement billpay for banned division or face felony charges for insubordination to the borg collective.
Meanwhile, the "good people" can scream as usual like holier than thou masters of decency and purity that the skum deserves death and is getting off lightly, as the minority report matrix swirls in around them , until they are trapped - and their children are nothing more than a number in a computer - that the government knows all about from birth onward - their entire life on digital record.
Oh it's almost here.
They won't take no for an answer, either.
"Safeguards" and "extremely respectable government servants of the federal civilian population" are in charge and management, so don't you DARE accuse them.


"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home

















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