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Internet Pirates In France To Lose Broadband
slyjackhammer writes "France is purporting to take a hard line on copyrighted media (movies and music). According to timesonline.co.uk, a new measure approved yesterday by the French Cabinet would kill the Internet connection to those caught downloading illegally. 'There is no reason that the internet should be a lawless zone," President Sarkozy told his Cabinet yesterday as it endorsed the "three-strikes-and-you're-out" scheme that from next January will hit illegal downloaders where it hurts. Under a cross-industry agreement, internet service providers (ISPs) must cut off access for up to a year for third-time offenders.' Google and video site Dailymotion have refused to sign up as consenting participants, and the state data protection agency, consumer and civil liberties groups and the European Parliament are all kicking against the goad as well. France may be pioneer in this kind of legislation, but they sure have their work cut out for them."
At least they're debating it in parliament. In the UK Virgin Media's behind-closed-doors deal with the media industry has already been covered here.
Note to self - I need to switch away from an ISP that is itself a content provider with vested interests in censoring my internet connection. Soon.
Isn't that like in the Middle Ages?
Download movies at work. Report your worksite. Rinse and repeat three times.
/. reader in France) and bingo, law will either be thrown out or the economy will collapse.
Do it on a country wide scale (say every
I ate your fish.
Also, you know the reason someone like Google won't sign up to be willing participants is because it's signing away their common carrier status. That will have HUGE legal repercussions in the United States. They will be suddenly responsible for even the most minor violation and susceptible to law suit. No company in their right mind would do that. It's not going to be out of the kindness of their hearts. If they could help nail people who are violating copyright without carrying any legal responsibility at all, I'm sure they would.
I'm not seeing a problem with this. You don't have a right to "share" material that is copyrighted by someone other than you if they didn't give you consent. You may not like this, you can come up with all the (possibly valid) reasons things should not be that way. It's not for YOU to decide. The only real problem is how something like this is enforced. I'm willing to bet it will be done with a false positive rate that won't go over well with the French people, who from this side of the pond seem the kind of people who don't put up with their government doing stupid things (I seriously commend them for their idea of how to go on strike).
Burn Hollywood Burn
Better still, tie it in to the mechanism used in the current rounds of SQL injection attacks.
Idiots. All they'll end up with is a DDOS attack on their legal system...
Andy
Possibly the same thing that happened to UTF-8 encoder of your web browser?
I'd give my right arm to be ambidextrous.
do it once and be fired for breaching the IT usage policy that you signed while joining the company.
beside, it's not as if a governemental agency is blocking uniterally your internet access.
I suppose that in that case, your company is considered as an ISP.
The punishment doesn't fit the "crime". To the "knowledge worker" Europe wants to base it's future on, losing broadband is the digital equivalent of house arrest. Without access to radio, television, books and newspapers.
I like the three strike approach though. Should be applied to politicians. Sell out your voters to special interest groups three times and your out. Would really cleans out the European Commission and the European Council.
If by "strike" you mean "being found guilty of some crime by a jury of your peers" then sure. But I don't think that's what the media companies have in mind.. considering that there are no laws which criminalize downloading of copyright restricted works - not even in France.
How we know is more important than what we know.
What is not said in TFA.
The three step mentionned are optionnal. You can be banned from internet at the first time.
And the decision is not up to judges, as we can think, but to a new and "independent" (read leaded by the majors) entity. So very little to no possibility to contest the punition, since it's not french court that rule over it. Meh...
Moreover, the law try to push forward filtering of content, in order to detect "illegal" file sharing. That could prove useful to control population, in the future, isn't it ?
And if the media would accept to talk about it, maybe people could try and fight against this project, but you hardly hear a word about it out of computer oriented websites.
We're in for a wild time...
The issue is standards of proof. To be caught doing something illegal on the net three times may seem to justify disconnection. However, simply to be accused of it cannot. The fundamental problem here is economic. The rights owners cannot justify prosecution, because that demands a standard of proof of misconduct which is very expensive. You have to get the evidence, display it, allow it to be subject it to public questioning. Witnesses have to testify to how it was obtained.
This is an attempt to bypass all that. It is far cheaper to simply disconnect on three accusations. However, the problem is going to be EC human rights legislation and the first suit for false accusation. Human rights legislation is going to be a problem because the EC Charter explicitly guarantees access to information. You are only going to be able to ban someone from Internet access with the same sort of evidentiary justification that you would need to ban them from a public library or from reading the newspapers. The first suit for false denial of access to information is, for the same reason, going to be explosive. The ISPs will be acting as a cartel, so where one, acting alone, could throw anyone off for any reason, all acting together are in effect conspiring to deny the person access to information.
One supermarket may ban someone from shopping. If all start to subscribe to a common list, there's a human rights issue.
In the end this is not going to work because you cannot get around the requirement for high standards of proof before depriving people of what the EC, with a different hat on, has defined as their fundamental human rights. Hoist with their own petard, as they say in Brussels!
The trend nowadays in France is to complain about purchase power.
But the goverment is unwilling to lower taxes and the reccord industry is unwilling to lower their profits margin.
for instance a NIN CD sells 8 UKP (10EUR) the same CD sells 22EUR in France.
go figure why people are pirating
If by "strike" you mean "being found guilty of some crime by a jury of your peers" then sure. But I don't think that's what the media companies have in mind..
Indeed. One of the big problems is that you can only appeal the final warning. I.e., if the first warnings were completely baseless (e.g., because you download a file with a name similar to some RIAA/MPAA blockbusters but with completely different content) and the final one turns out to be factual, then you're out too.Donate free food here
When information is power, privacy is freedom.
Dear media outlets: Please accept the fact that you are fighting a war that you cannot win. Even with custom-tailored laws at your will the internet won't change and piracy won't go away at large. It is also still doubtful that it is piracy what is causing your alledged losses and not a general loss of quality in and appreciation of music. For the latter part it's even you who is to blame: Music is nowadays everywhere - with your permission. Bad versions of your "hits" are sold as overly annoying cell phone ringtones - with your permission and appraisal.
Some parts of the media business already have learned that both giving away for free and piracy is actually increasing business, not hurting it. Eric Flint, a sci-fi writer has pointed this out: http://baens-universe.com/articles/salvos8 and http://baens-universe.com/articles/The_Economics_of_Writing Instead of treating your customers like shit, making a witch-hunt and introducing bull shit like DRM which only scares away your loyal customers towards piracy - pirated versions don't have silly limitations - you should finally realize that you need to do what every business in trouble need to do: Adapt. Or die. Whatever.
Sincerely
Reality
As a member of April, the French free software association, I have been following this nonsense since it started. We have raised those issues already. W have been in touch with government officials, and this much is clear: they don't get it, because they don't care. The Sarkozy government is about as corrupt and authoritarian as the Bush administration, and similarly incompetent.
(Even Chirac, who didn't have the most spotless of records to say the least, had at least surrounded himself with competent and well meaning people.)
To illustrate this point, there's no better story than that of former member of parliament Cazenave. He was a member of Sarkozy's (and Chirac's) party, UMP, and one of free software's best advocate in the legislative branch. But before the last election, Sarkozy decided to give the party's nomination for that district instead to convicted felon Carignon. I shit you not. Carignon lost to the socialist candidate, in a district that had never voted left in decades.
Anyway, we have been in touch with members of several parliaments (assembly, senate, european), and have found strong allies. Former Prime Minister and current MEP Rocard for example was instrumental in defeating software patents in the European Parliament, and he voiced strong opposition to this current nonsense.
But we know how Sarkozy operates, he's learned from the worst, and, like Tom DeLay, he's going to strongarm his party's members in the legislative to toe the party line, even if they have reservations.
Haha... you clearly don't work in France. Fired for misuse of the companies internet connection?
That's really not as easy as you seem to think. It's not even legal for the company to monitor your internet usage!
Just more reasons to use your neigbours WiFi
An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
France, on the other hand is one of those countries that have a tax on blank media.
A suit had been mentioned on /. a couple of years ago were a French "pirate" was acquitted on the ground that the financial damage due to copying of the movies (for private use) was already paid by the tax on blank media.
Some consumer interests group should remind that to Mr. Napole-rkozy.
But don't be afraid : after all, manifesting in the streets is a national sport in France and the subject is bound to be brought up.
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
if I get caught speeding i get fined instantly
You're not, however, denied the use of roads.
as a matter of fact I do work in France.
while not easy, you can certainly be fired over Internet misuse, especially if it involves installing dialers and such on a computer.
beside, monitoring is allowed as long as the personnel is informed and it is declared to the CNIL.
Free provides 28Mb/s ADSL2+ with free international VoIP, free basic TV over IP for 29 euro a month. No capping whatsoever, awesome network quality, they also are the first to provide IPv6 to all their customers, and they make record profits. That's because they invested heavily in infrastructure and logistics, developed their own hardware (both set top box and DSLAMs), and managed to take advantage of significant economies of scale.
It wasn't me! It was the Lexmark X500n!
The RIAA confirms it!
:x