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Legal Victory for P2P in France
nietsch writes "The Register is reporting that a french Kazaa user that had been sued by the SCPP (the french equivalent of the RIAA) has been acquitted by the courts in his county. 'The Judges decided that these acts of downloading and uploading qualified as private copying' Ars Technica has more coverage on the subject, or you can read it in english from the organization that lead the defense."
This is old news.
The act of downloading is considered fair game but the act of uploading without the correct licence is still illegal.
you also have to know that in France there is a "tax on the private copy". When you buy a blank CD or DVD, you pay a tax that goes directly in the SCPP's pocket. The judge recognized that by burning most of the downloaded stuff, this particular person was in fact paying for his stuff and denied his responsability.
BTW, isn't it a last year news ?
On a side note, French parliament is currently examining a law that would legalize a "P2P fee", legalizing 100% of P2P downloadable stuff. Its chances to pass are thin, but there is currently a heated debate (most politician think about the 2007 presidential elections)
The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
This latest verdict is probably in line with the current French legislation. But since France is a member of EU, they will eventually have to implement the EU Copyright Directive (EUCD). The French parlament are in fact discussing this, the proposed french law is called "Droit d'Auteur et aux Droits Voisins dans la Société de l'Information" (DADVSI), and though opposition is tough it will certainly come to life soon, as all EU directives must in all member states.
Then P2P networks and the use of them, even to share innocent files, will be illegal. This law will also affect Open Source software development, so it might matter more than you think.
You can help the French community by signing a petition here:
http://eucd.info/index.php?English-readers
We do have precedent. It's called "jurisprudence", and although a judge is not legally bound to apply the same judgment twice for two similar cases, it is was is done in the courts.
And when the judge deviates (because the precedent is obsolete for example), he better have good reasonning wrapped around its verdict, because higher courts will break the judgment if not.
Probably, but private has many meanings. private 4 c) Conducted and supported primarily by individuals or groups not affiliated with governmental agencies or corporations: a private college; a private sanatorium. In that context private P2P is correct even if it is open to everyone.
Live today, because you never know what tomorrow brings
The French did not Surrender , the French government did . .the D-Day landings would likely have been a lot harder had it not been for the French Resistance .
France had some of the best organised Resistance movements in the War
French Aristocracy and rulers have a habit of Bending over , The French People have a habit of Kicking them up the arse when they do .
The only things certain in war are Propaganda and Death. You can never be sure which is which though
You mean, after Moscow (which wasn't really the capital of Russia at the time; St. Petersburg was) had been stripped of pretty much all supplies by the Russians, and was possibly set on fire by the Russians so as not to provide shelter either? Oh, and let's not forget the asylum inmates that were turned out on the streets by the Russians.
It wasn't just the winter that did Napoleon's "Grand Army" in.
Kierthos
Mr. Hu is not a ninja.