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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."
I'd like to see a clear definition of private copying.
At what point does retrieving a file from someone else's computer stop being private? I completely understand someone making copies of all kinds of things within their home. When someone I don't know is making copies of my files - this is when it seems to be anything but private. I'm not advocating a particular POV about copyrighted materials here... I'm thinking in terms of the moment that a file ceases to be "my" file and becomes "someone else's file."
A Passionate Independent Musician
The title is misleading. Maybe "Legal Victory for a P2P user in France" would be better.
France uses the "civil law" system (as opposed to the "common law" system used in the U.S., the U.K., and the Commonwealth, past and present). It's based on the Roman corpus iuris civilis, and it doesn't have any such thing as "precedent." Each and every case is decided purely on the facts of the case, the law as written, and the judge's... erm... well... judgment.
This doesn't mean P2P is legal in France. It means someone got away with it.
This made me thinking about joining a social network like Orkut with music sharing and share your music only with your friends and maybe friends of friends. That could get around some legal hurdles in more countries and while you don't get this way any music you want, you still get quite a lot new music and actually improve the relationships with your friends through listening to some of the same music as them.
If programs would be read like poetry, most programmers would be Vogons.
FYI, CD-R/DVD+/-R/RWs are taxed in Europe, as insisted by artists. IOW, if you have downloaded MP3s or movies and burned them on CD/DVD - you are clear, since you are already compensated artists thru recordable medium tax. (And every CD/DVD burner is taxed too.)
And to cool off your hot (in legal sense) American heads, I have to remind that European legal system is NOT precedent-based. IOW, one case over here means nothing. Judge decides the case after looking into the circumstances of the case before him, not by searching prehistoric records of how Gutenberg/etc were judged.
What can you tell from the case, is overall mood over here. People in Europe are sick of taxes. And another association asking for another compensation and protection against competition is just what it is - another association asking for another compensation and another protection against competition. And artist associations here are far from being first in the queue of the beggars, looking for gov't help.
What is illegal here putting such CD-R pile for a sale. But I think it's illegal everywhere. As long as you give it away for free - you are Okay.
All hope abandon ye who enter here.
Must explain the WWII stuff and all.
It's funny how people always mention WW2 and the french Vichy Government, while completely ignoring the whole history of social and democratic progress.
The Vichy government was a mistake and a shame. But that doesn't erase the fact that Americans owe France their freedom, most of their constitution, and a pretty statue. Looking at thing from a different angle, America's image as bringers of freedom, fighters against tyranny, and lighthouse of the world for democracy was right at the end of WW2. Since then, it's been going downhill quite frankly. Yet nobody seems to blindly ignore America's more glorious past. So give France a rest, read up some of its history, and understand that every country can sometime slip.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash