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France to Legalize File Sharing

quenting writes "In the debate around the anti-piracy bill, the French Parliament voted yesterday into law an amendment to the DADVSI bill that allows free sharing of music and movies over the internet, considering the downloaded files as a private copy. This decision goes against the French government and the music industry's recommendations, who argue the deputies only wanted to show their independence from the government. The initial bill's detractors who pushed for this amendment want a tax for author rights to be paid by everyone on the ISP fees." The French government has vowed to fight this decision (babelfish link).

37 of 446 comments (clear)

  1. I hereby suspend my France-Bashing for 24 hours! by PenguinBoyDave · · Score: 3, Insightful

    About time that someone gives the recording industry the middle finger.

    --
    I'm not a troll, but I play one on Slashdot.
  2. Serves them right for pushing their luck. by Sockatume · · Score: 5, Insightful

    The French Parliment over-reacted here, but it's good to see that the kind of ridiculous measures requested by record companies and their ilk are resulting in equally ridiculous responses from those who disagree. Given the way politics seems to work these days (argue for a few years then go for a 50/50 compromise) then France might wind up with sensible legislation taken from the middle-ground.

    --
    No kidding!!! What do you say at this point?
    1. Re:Serves them right for pushing their luck. by EzInKy · · Score: 5, Insightful


      The French Parliment over-reacted here, but it's good to see that the kind of ridiculous measures requested by record companies and their ilk are resulting in equally ridiculous responses from those who disagree.


      I like to think of it more as glimpse of the future the music and movie industries will face if they keep treating all thier customers as potential theives. Eventually they'll piss off so many people that no amount of money will protect them.

      --
      Time is what keeps everything from happening all at once.
    2. Re:Serves them right for pushing their luck. by Thomas+Miconi · · Score: 3, Informative

      A short summary of events:

      1) The (gaullist, center-right) government proposes a bill which implements the EU directive on copyright. The proposed bill is essentially a DMCA-light: circumvention of copy-protection devices is forbidden, but the copy-protection systems must allow for legally recognised exceptions to copyright (such as private copies for personal of family use). Note that making a small number of private copies is explicitly legal in France, and we already pay a tax on blank media for this.

      2) Two "députés" (representatives), from the main centre-left and centre-right parties, introduce amendments to the effect of mandating "global licensing": introduce a tax on broadband internet access (about 5 to 9 euros per month), in exchange for making unlimited, not-for-profit filesharing legal. The product of this tax is then redistribute to artists (how ? nobody knows). The government voices its opposition to the amendments.

      3) The amendments are adopted. This is a very rare event: many members of the gaullist party voted against the wishes of the gaullist government. All parties were divided on the issue, but in the end a majority of lawmakers present at the time supported the amendments. This unexpected rebellion indicates widespread discontent from lawmakers about the bill.

      4) The government makes it clear that it wants the amendments rescinded. As the Minister for Culture said, "with the global license system, no one has found an acceptable system of redistribution (for the money collected through the tax)". Media publishers in general oppose the amendments. Artists and rights-collecting societies (French equivalents for the RIAA) are divided, with a majority against them. Consumer associations, however, express clear support.

      5) Although the amendments were adopted, the law itself will only be voted on in a few days. In the meantime, the government is expected to exert pressure on the lawmakers (at least on those of the center-right party) to make them reject the amendments. So no, sharing copyrighted material is not yet definitely legal in .fr, and there will probably be some changes in the law before the definitive version is passed. I wouldn't want to bet money on the final outcome.

      Thomas-

  3. Wording?? by cyberbob2010 · · Score: 3, Informative

    I think they probably could have worded this a little better. They are making it sound like these "deputies" are not a part of the government as the "government" is going to fight them. It is not as if these are some rebels in the foot hills making their own laws.

    --
    We seldom regret saying too little but often regret saying too much.
    1. Re:Wording?? by SpaceAdmiral · · Score: 3, Informative

      In many countries around the world, "Government" refers to the "Executive" branch. That's what they are doing here and the wording is perfectly fine.

      I can understand why that would be confusing for Americans, though. Hope that helps.

  4. Bad idea... by GreyWolf3000 · · Score: 3, Interesting
    This could set precedent to undermine copyright as a whole. In which case, I predict we'll start seeing things like proprietary derivatives of GPL software emerge and not get challenged.

    Unless a new paradigm for duplication and distribution of digital works is created, we need copyright to be enforced in all cases in order to protect free software.

    --
    Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    1. Re:Bad idea... by Aim+Here · · Score: 4, Insightful

      "In which case, I predict we'll start seeing things like proprietary derivatives of GPL software emerge and not get challenged. "

      In the absence of copyright law, what does 'proprietary' mean?

      I thought the GPL was a legalistic hack to protect the ethical right to share information. If the government goes and legalises that, then the GPL becomes almost, but not quite, entirely redundant.

    2. Re:Bad idea... by Johnny+Mnemonic · · Score: 3, Insightful

      In the absence of copyright law, what does 'proprietary' mean?

      No source. I suppose you could hack on the binary all you want; knock yourself out. Smart vendors would tie their code to their stuff, so you couldn't run it without buying it.

      --

      --
      $tar -xvf .sig.tar
  5. It will not pass. by Anonymous Coward · · Score: 5, Insightful

    I am French, I know how the government works there, and I can tell it will not pass. There is going to be a second reading of the law, and the amendments voted for the "legal license" to download stuff will be removed. Some guys from the ruling party have voted for the amendments, and the government is going to sanction them for that; hence at the next session they will simply be removed.

    And if by chance the amendments are still present when the law is voted at the parliament, it is going to be cancelled by the Senate.

    Welcome to democracy folks. This is just an advertizing "coup" from the opposition party. In the end, we'll get DMCA too (possibly a worse version of it). I know. I'm from there.

  6. Merde!! by malia8888 · · Score: 3, Funny
    The French Parliament voted last night to allow free sharing of music and movies on the Internet, setting up a conflict with both the French government and with media companies.

    I smell a really big merde storm brewing here!...:-P..

    --
    Harpo Tunnel Syndrome--my wrist feels funny.
  7. FYI by Anonymous Coward · · Score: 5, Informative

    This was made yesterday (21 Dec), during Chrismas holidays. As a consequence, only 58 deputies (out of 577) were present, 30 of them were for a 'global licence', 28 were against...

    I don't think it's really significative

  8. What to call this law? by corvenus · · Score: 5, Insightful

    Will the Americans rename the French music piracy to "Freedom music piracy"? Ironically, in this instance the use of the word Freedom would actually make sense.

  9. Re:France are weird by dangitman · · Score: 4, Funny
    France about to get worst copyright law in Europe? but then this! I just don't know whether to hug or punch them!

    I hear they are into BDSM over there, so they probably would be quite excited if you did both.

    --
    ... and then they built the supercollider.
  10. Heavyhanded lobbying by draxredd · · Score: 5, Funny

    Not to mention iTune and Virgin prepaid cards being distributed to the parliament members in the Hall of l'Assemblée Nationale. France is not yet accustomed to such blatant lobbying, prefering more hypocritical means of pressure.
    So far so good but the government is certainly going to pull a Cheney on this (as in "pulling cheney back to vote patrioct act prolongation).
    If the text is finalized, i guess french ISP will see a major surge in overseas subscriptions.

    --
    --- Back to the trees, back to the trees !
  11. Re:Could've been said better? by Albanach · · Score: 4, Informative

    No Government refers to the Executive branch, parliament is the legislature. The givernment may be formed by members of the parliament, but that doesn't make the parliament the government - as an opposition members in the parliament would tell you!

  12. Contradicting News... by stupid_is · · Score: 5, Interesting
    The Register is running a different story:

    Individuals in France who ignore copyright by downloading illegal music files will also be subject to a harsher "graduated" enforcement procedure, according to Agence France Presse.

    If uploaders keep ignoring warnings, they can be put on trial. A new anti piracy bill that is being examined by French MPs would also allow record companies to include technical measures to stop users from directly making copies.

    --
    -- Intelligence is soluble in alcohol
  13. Finally a copyright law I like by Yartrebo · · Score: 3, Insightful

    I must say that this law actually looks good in all ways. If implemented, it will do everything from encouraging the spread of technology, increasing standards of living, saving natural and human resources, and even closing the trade deficit in France. Too bad I'm too cynical to actually think it'll stick.

  14. Political situation in France by palad1 · · Score: 5, Informative

    The current french government is not really popular, not popular at all even.

    The weird thing is that there is no traditional opposition to this government. The left wing is not in good shape at all (since the 2005 elections where Jospin lost to Le Pen (our very own racist nutjob)). Which leads me to my point, these amendments were voted not because they are a Good Thing (tm) (which they are!), but because the UDF (center-right) saw this as a way to strenghten its role as the 'Real Opposition' and gain voters in the 'internet generation' demographics, which is not favorably biased towards them.

    But rest assured the current government is backed by very powerful industrials who cherish their fscking IP rights, so these amendments will be vetoed to death, or stealthly removed during the holidays season, just like previous bills have been passed last summer.

    I'd like to give my props to the eucd.info/ guys for their actions though, but don't fool yourselves, even the 'good guys' that voted these bills are using us, voters for their very own agenda.

    That's the sad truth... or maybe I should stop reading http://en.wikipedia.org/wiki/The_Culture :)

  15. Re:France are weird by rizole · · Score: 3, Funny

    Isn't that some kind of operating system?

  16. Re:I hereby suspend my France-Bashing for 24 hours by mmalove · · Score: 4, Interesting

    "About time someone gives the recording industry the middle finger" ..... Ok, while I agree with the statement, a 5 - Insightful?!?! ..... There seems to be a growing trend that you can do anything legally as long as you live in the right country at the time : abortion, file sharing, pot smoking, drinking under 21, euthanasia - all legal but in differing countries. Oh, and none of them in the self proclaimed land of the free.

    --
    You can get 15 minutes of fame, but you can go down in history for infamy.
  17. Oh, tell them about the EU constitution by SmallFurryCreature · · Score: 5, Insightful
    'Goverment' also wanted to push that through. The voter didn't go for it. Not in france, not in holland (where I am from).

    There is a backlash going on with the voter not taking it anymore. I am not that familiar with france (language barrier) but I do get the impression that it has much the same problems as holland. With a cultural elite (media and politics) having put themselves in ivory towers where they can keep telling each other everything is alright while the real world is going to hell.

    Holland had Pim Fortyun and Theo van Gogh and their murderers who upset this carefully constructed fantasy world. France had the recent riots and the continuing rise of extreme right.

    With the EU constition it became painfully clear that the politicians were totally removed from the real world. They just could not get that the voters were not going to vote it through just because they told them to.

    I think this "protest" vote is a sign that even certain circles of goverment are beginning to realize that something is wrong.

    To dismiss this as simply a publicity stunt is cheap. It is like calling the EU constition rejection a cheap stunt by the voters, no this is a way to tell the direct leaders of a country to get their act together. The NEW rules proposed are bad for the public and this was one way to make it painfully clear that there is resistance. Sometimes you have to shoot people in the face to get their attention.

    Of course the problem is that the media who are supposed to tell us about these kind of things are the people behind the whole DMCA and similar crap.

    But still it is good to see some resistance. I think this battle is far from over. If your leaders got a brain they will not want to have another disaster like the referendum. Of course if they had a brain none of this would have happened in the first place.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  18. At last! by Billosaur · · Score: 4, Funny

    A country where I will be free to share my William Shatner and David Hasselhoff MP3s with others!

    --
    GetOuttaMySpace - The Anti-Social Network
  19. Re:I hereby suspend my France-Bashing for 24 hours by R2.0 · · Score: 3, Informative

    Abortion isn't legal in the US? I thought that the big hairy deal here was that abortion IS legal.

    But hey, whatever one needs to say to make one's point...

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  20. Re:I hereby suspend my France-Bashing for 24 hours by Darkman,+Walkin+Dude · · Score: 5, Funny

    I hereby suspend my France-Bashing for 24 hours!

    Good man yourself... are you sure your government will let you do that? I mean they spent a lot of cash on brainwashing you to dislike France because they wouldn't join your half cocked crusade, they might be upset at the waste of their money!

  21. Re:I hereby suspend my France-Bashing for 24 hours by ndtechnologies · · Score: 4, Interesting

    Yeah, I've been trying to give them the finger for over 3 years now, but I guess it hasn't done any good! The funny thing is, File-Sharing can be a great tool for the distribution of music. It's just a matter of utilizing it in a way that will allow both the artist and the listener to benefit from it.

    With our online music store, we are going to be utilizing BitTorrent technology for the distribution of some of our music.

    About 2 years ago, there was a Music Industry meeting here in Nashville, and the President of Sony Music Nashville was quoted as saying "our biggest mistake was shutting down Napster", now take that for what it's worth, but it does say something.

    --
    I have nothing clever to put here...
  22. Re:I hereby suspend my France-Bashing for 24 hours by Mulletproof · · Score: 3, Insightful

    "About time that someone gives the recording industry the middle finger."

    "...The initial bill's detractors who pushed for this amendment want a tax for author rights to be paid by everyone on the ISP fees."

    Frankly, this is dealing with the devil to pay Paul before curiosity killed the cat ...Ok, nevermind that, but this ammendment assumes everybody is guilty of usurping copyrighted material. In fact, you will be taxed no matter what the content of your file tranfers, even if you have never used P2P software in your life.

    Look, I'm all for "sticking it to the man", but this is a fine, fine example of playing off a hot issue to make easy money. I feel sorry for anybody who actually supports this legislative spam in France, thinking it's a good deal or they're "sticking it to the man" when they're in reality sticking it to themselves and their friends.

    --
    You need a FREE iPod Nano
  23. This just in... by tomcres · · Score: 5, Funny
    Metallica boycotts France.

    Nobody cares.

  24. Ce n'est pas une légalisation du P2P by aaribaud · · Score: 5, Informative

    I've read the amendments and the law, and the minutes of the debates, and I'm even listening to the current debates right now (and yes, I'm French) and I am not sure at all that this legalizes file sharing. It might possibly make downloading licit, without doubt subject to the payment of a personal copy tax. However it does not legalize uploading at all.

  25. Re:I hereby suspend my France-Bashing for 24 hours by Scarblac · · Score: 4, Informative

    abortion, file sharing, pot smoking, drinking under 21, euthanasia - all legal but in differing countries.

    All legal in the Netherlands, plus gay marriage, prostitution, gambling...

    Didn't stop us from becoming a bunch of small-minded, anti-intellectual, complaining, intolerant islamophobiacs, so it doesn't really say much. Just means that we like to tax the things we can't stop anyway.

    --
    I believe posters are recognized by their sig. So I made one.
  26. Re:I hereby suspend my France-Bashing for 24 hours by Anne+Honime · · Score: 5, Informative
    Ok, nevermind that, but this ammendment assumes everybody is guilty of usurping copyrighted material. In fact, you will be taxed no matter what the content of your file tranfers, even if you have never used P2P software in your life.

    The law states that the tax will be declarative : you want to copy, you pay the tax, you don't, you pay nothing (but there are chances you'll be monitored a bit ...)

  27. Wow by beforewisdom · · Score: 5, Funny

    France legalizing file sharing and Canada legalizing group sex:
    http://www.mytelus.com/news/article.do?pageID=news _home&articleID=2125712

    It sure is dull to be an American

  28. Ah, the further Socialization of entertainment. by ScentCone · · Score: 3, Interesting

    So, they propose collecting a tax from French citizens to offset the income that musicians and their businesses will lose once there's no limit on freely distributing those musicians' works. So, where do you supposed the French government will send the checks to British, or American, or Italian musicians? Will the National Symphony Orchestra in DC be getting some of their income, now, from French taxpayers who only like listening to Eurotrash Disco Remixes? Will urban Parisians have to subisdize the production of Morroccan ex-patriate class-warfare Islamo-rap?

    --
    Don't disappoint your bird dog. Go to the range.
  29. Re:France are weird by A.K.A_Magnet · · Score: 3, Informative

    OK some much needed explanation. I have been following all parliament debate over streaming (and I have to use a w32codec ;)).

    The things were bad. We were horrified. Our bastard government and so-called "Culture" minister wanted to pass something very much like your Digital Content Security Act along with the transcription of the European Copyright Directive (EUCD) in the "DADVSI" law. So they wanted DRMs to be forced in each "cultural" format and forbid to bypass DRMs. It would have effectively banned all free software that act as a "transmitter" or makes copies because they would have needed them to implement DRMs and force the software editor to prevent people from bypassing the DRMs. However, it's in the 4 fundamental freedoms of free software that people are allowed to modify the source code, so it would have been bad.

    The project is in parliament since tuesday. Yesterday, the socialists and communists MEPs (along with very few right-wings) surprised everyone with the approval (59 MEPs, 30 for, 28 against) of the "optionnal global license": those who want to pay 7euros/month will be able to download any music (or movie older than 4 years) from p2p networks, FTP servers, newsgroups, etc. Software is excluded. But the global license removes the need of obligatory DRMs.

    Only few amendments (included the global license) was voted yet. The law isn't voted, and it is being (as I watch right now) delayed because this amendment changes pretty much everything. They will certainly do whatever they can to cancel it. However they'll have a hard time doing it. They're trying to remove the amendment as we speech.

  30. Re:I hereby suspend my France-Bashing for 24 hours by pegr · · Score: 4, Funny

    Abortion isn't necessarily "legal" but it's not "illegal" either.
     
    JULES
    Well, abortion is legal there, right?

    VINCENT
    Yeah, it's legal, but is ain't a
    hundred percent legal. I mean you
    can't walk into a restaurant, roll
    an abortion, and start puffin' away.
    You're only supposed to abort in
    your home or certain designated
    places.

    JULES
    Those are abortion bars?

    VINCENT
    Yeah, it breaks down like this:
    it's legal to buy it, it's legal to
    own it and, if you're the
    proprietor of a abortion bar, it's
    legal to sell it. It's legal to
    carry it, which doesn't really
    matter 'cause -- get a load of this
    -- if the cops stop you, it's
    illegal for this to search you.
    Searching you is a right that the
    cops in Amsterdam don't have...
     
      (Welcome to my twisted stream of consciousness...)

  31. Re:Am I allowed to do so with every other product? by jonnythan · · Score: 3, Insightful

    "If I buy sugar am I allowed to then offer people sugar in their tea to my hearts content? If I buy a car can I offer rides to hitchhikers as much as I want?"

    Sure you can. Just the same way as you can lend out or sell your entire CD collection to your heart's content.

    However, you are not allowed to set up a manufacturing plant and produce identical copies of that car that you bought. Nor are you allowed to buy an Aeron chair and sell an identical copy of it, or buy that brand new John Grishma novel and print and sell your own copies of it.

    Allowing the absolutely unrestricted distribution of music is the exact same thing as allowing people to print and sell as many copies of any book they wish. The fact that one is via computer has nothing to do with it. You can't set up your own print house and produce and distribute copies of bestsellers just because you feel like it.

  32. Re:What? by Mr2001 · · Score: 3, Insightful

    Next time I am down at the store I get to walk out with French cheese and wine for free. It would only be the fair thing to do.

    No, the fair thing to do would be to copy some French cheese and wine. (You do realize that copyrighted works aren't the same as physical objects, don't you?)

    --
    Visual IRC: Fast. Powerful. Free.