French Senate Passes Anti-Piracy Internet Cut-Off Law
An anonymous reader writes "The French Senate has approved a three strikes law for Internet users who download copyrighted entertainment media without paying for it. If, after two warnings, a person continues to download pirated music and movies, the internet service providers would cut off access for a year. Quoting: 'The legislation passed with a massive cross-party majority of 297 votes to 15. Only a handful of conservatives, centrists and socialists voted against, while the Communists abstained. In passing the bill, the senators rejected an amendment proposed by senator Bruno Retailleau of the right-wing MPF party replacing internet cut-off with a fine. ... The bill sets up a tussle between France and Brussels. In September, the European Parliament approved by a large majority an amendment outlawing internet cut-off."
We discussed the introduction of this legislation several months ago.
I'll take the cynical stance and say that this is a good thing. We need fewer people on the Internet. We need to return the 'net to the state it was in circa '92.
Palm trees and 8
This is akin to if you'd murder someone with a knife for the third time, they'd not let you cut your own bread for a year...err, actually you wouldn't be able to cut your own bread for far longer than a year, seeing that you'd be in a maximum security prison...but anyway.
That really was a horrible example, someone want a car analogy?
The article is short on details. How will they know that the downloader didn't have permission to download the copyrighted work? There are movies, music, and video games that are copyrighted but freely available. Does French law require that copyrighted works be paid for rather than distributed at no charge?
Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
Seems only fair, eh? :-)
So now you know who in your government was willing to sell out, and who wasn't ( or had a higher price then the industry was willing to pay ).
---- Booth was a patriot ----
A fire which they started to justfiy Internet2. I'm not a music studient, though I attend a college with a music class and department. A friend of mine were practicing with our "violent axe" (a homemade quasi 8-string guitar half-violin we made). We have a synthesizer arm we made for our robotics class that we have strum the guitar with songs that would not strain a man's hand if he tried to recite the same without robotics. A principals assistant, hearing the music, thought we were running copyrighted sheet music through OUR instrument. We dprogrammed the thing directly, and don't have any "paper" to show so they get the dean on me. This happeneded at a California University in Long Beach.
I am absolutely sick of unqualified people makin dertmations on our work. I've been listening to Alex Jones a bit because a friend said my favorite Willie Nelson has been talking alot on there. Even Jesse Ventura was on their of many times just two days ago. They all say the same thing: it's a criminal govenment inspiring people nag and mis-report events to spread jurisdiction determinied by all these lobbying of corporations. Even Jesse Ventura said all of them just need to be voted out, but I don't think that's possible. What really caughy my ear from Alex Jones about Internet2 is that he can't get his SYNDICATED station to and website to qualify for Internet2! He's selling inexpensive FM micro-repeaters for shortwave re-transmit, but that is only so far a dated ancient method. Is the FCC mad? Is the music recording companies mad? What is going on here?
First time on Slashdot. Thanks for the replies for me to read about.
Jenny
So for every 3 comments you read on Slashdot, your access gets cut of for a year? Each comment is copyrighted and you never paid the copyright holder.
And who says you have downloaded something in the first place? This would be the perfect moment for all big media to branch out into webdesign and similar as they can effectively wipe out all competition be declaring the filesharers 3 times.
-- Put crudely, the world is an extremely large problem instance. (Russel/Norvig Artificial Intelligence)
Some people should release some 'copyrighted' material they created then lure some of the political figures to download it. Once a couple of people get banned from the net, that law will disappear quickly.
"I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)
A censored internet will look nothing like the free net of '92. It will look like broadcast TV because the same people who censor that will be deciding who gets kicked off.
Friends don't help friends install M$ junk.
Passing a law against What everyone does is a risky affair. Sure, legislators have to go along with the concept that recorded media is property. As in the idea that a corporation can actually own a song or a movie, which is quite absurd, although accepted. A slight change in a note makes a different song, a minor re-edit or re-filming of the same plot makes a different movie. Which according to the bizarre theory of corporate ownership of 'intellectual property' creates an entirely new piece of property.
Add to this strange notion that everyone has the means to quite easily break this so-called law, since computers and telecommunications are ubiquitous, and you have a situation where it is easier to break a law than it is to obey it.
Which is not a stable situation. The law enforcers must either ignore the law in general, focus its enforcement on a specific minority group, or enforce the law equally against everyone. Enforcing against everyone changes the conditions that law is supposed to protect and is almost never done. Choosing between non-enforcement and selective enforcement is often a matter of culture. I would believe that the French law enforcement will not enforce this law against French citizens, only against foreigners and then only when the foreigners break other laws (or act outside of French cultural norms) and this law becomes one more weapon that can be used to make them conform.
Americans on the other hand are basically punitive people. Laws like this are specifically focused on targeted minorities for the specific purpose of incarcerating them for profit into private prisons, to steal their property, and to destroy their political clout. An example is the use of the drug possession laws being used to re-enslave the African-American non-middle-class youth. Each year the drug penalties get harsher and more focused on Blacks while White youth are given warnings and probation for the same 'offenses'. In America, copyright laws will be primarily used against young people who protest against any government actions.
These laws are perfect for that purpose. They can be widely broken with no ill effect to society as a whole (like the marijuana laws), and still be enforced brutally against specific individuals and groups. As long as the mainstream of people can continue to download music and movies without hassle, they will accept harsh punishments for the same downloading activity against young people who demonstrate against the government.
If McCain is elected, expect the criminalization of file downloading and harsh penalties applied against only the people who actively oppose government policies. This is the American way of doing things and there are many historical precedents for using harsh laws against harmless activities in this manner.
The worst part is that this doesn't really require any evidence. It's "three warnings", not "three convictions". There's no due process.
Also, cutting people off the Internet is a way disproportionate punishment. For me, this would mean:
- Not being able to participate in the work of my political party of choice (The Swedish Pirate Party, if you're wondering..)
- Heck, it will cut me off from lots of vital information that I need to practice my democratic rights.
- Not being able to pay my bills without going to the bank regularly.
- Not being able to make phone calls (I use Skype as my home phone)
- Not being able to check my school schedule
- Not being able to check my school assignments.. or hand them in.
- Even if I could get a friend to print the assignments for me or something, I'd have a hard time programming without access to online documentation.
And those are only the ones I could think of in two minutes.
The Internet is a vital part of participating in modern society. Even if you're a supporter of current copyright law, you can't allow alleged copyright infringement to interfere with people's access to information.
The lawmakers don't understand the importance of the Internet. There is no way they would ever even consider banning someone from the phone networks.
In France, a law has to be examined by the higher chamber (senate) and the lower chamber (national assembly) before it can be enforced. The national assembly has not yet examined this law. That means that the law which has been approved by the senate is not yet in its final form, and might undergo deep revisions before it is enforced.
I'm against illegal download of copyrighted content.
But this legislation is a shame. And in clear violation of European law.
The warnings are in fact optional.
Once again, the punishment is overkill. I don't think they understand all the implications in today's society.
With this law, if your internet is cut-off, then you can't do anything about it.
Oh, my bad, yes you can contest. But if you do so and can't convince the judge that you're innocent, then you face a fine of 300000â and 3 years of prison.
And of course, everyone who use your connection are impacted, you have to continue to pay for your lost connexion, and you are referenced in a database so that every ISP knows that you can't subscribe to an internet access.
If I obey the law and send a letter the customer won't need my bandwidth any more...
No sig today...
Liberte ... mon derriere!
This law was mainly pushed by Vivendi but there are powerful backers from all across the spectrum:
* Telecoms firms that want a mandate to filter all Internet traffic so that they can block all P2P, and then VoIP, and then video streaming and then anything which competes with their monopoly products.
* Large ISPs, because these are now all owned by the telecoms firms.
* Vendors like Cisco because they want to sell loads and loads of expensive filtering equipment.
* The music industry, because it still thinks it's going to sue its way back onto the right side of history. Stupid kloten, when will they learn?
* The movie industry, because they've drunk the music industry koolaid.
* The TV industry, because they want to sell more DVDs and because their distributors in the digital age are, of course, the ISPs.
* And finally, certain software firms, because the only way to implement this law, finally, is to use a fully locked down operating system that only runs authorized software, so no Linux.
The French tried so hard to get this same law pushed through the European Parliament, but that seems to be saner.
There are similar legislative pushes all around Europe, at the national level, and for the same reasons.
The Internet is, really, under attack from concerted and powerful forces that hate what those free packets represent.
My blog
I heard there will be extra penalties if the downloads weren't in French...
Don't blame me, I didn't vote for either of them!
"well you have been warned 2 times son, good bye!"
..." BEEP BEEP (hangup tone)
"But I haven't received any warnings! Plus, my WiFi router only supports WEP, easy to crack and
Let's compare this with a danish politician (I'm from Denmark).
http://www.computerworld.dk/art/42432?a=newsletter&i=1393 says (my translation from danish)
"Enhedslistens"* candidate for the parliament, Johanne Schmidt-Nielsen, thinks tha file sharing should be legal, and digital rights management, DRM, illegal
"I think it's an illusion to believe that it's possible to stop copying. I amounts to sticking one's head in the sand. The politicians have to realize the necessity of forming a committee that will address the question of how artists can be compensated for their work."
*"Enhedslisten" is the leftmost party in danish politics, left of The Socialist People's Party. I'd guess they compare with the greens; the environment is also one of their big issues, they're all for taking from the rich and giving to the poor.
I remember them branding themselves as the Robin Hood party one time, but I don't recall them using that term again. If they get into parliament, they often hold around four seats out of 179, which is the smallest possible amount (less than 2% of the votes and you don't get in).
Be aware that this statement was during election season.
I hope this gives you nutrition for cognition :)
I'd release my stuff as freeware with a EULA that said that politicians weren't allowed to use it, then go after only them. Nobody reads EULAs if they can help it.
I have heard of filesharing cases being brought against grandma's, mentally disabled dead people, single mothers who had never used a computer, and on and on, but I think that this is the first time that I have seen somebody argue that they were going to be used to target minority youths. Please, do elaborate, perhaps with the help of a real life example or something else resembling evidence.
By the way, although your rhetoric about re-enslaving black people in the US was quite vogue in the 1990's, I like to think that the fact that we are potentially about to elect a half-African president pretty thoroughly debunks that. Drug laws in the US are broken, drug laws do hit poor people unfairly, but they are not a racist conspiracy.
weirdest thing I ever saw: scientology advertising on slashdot.
'The legislation passed with a massive cross-party majority of 297 votes to 15. Only a handful of conservatives, centrists and socialists voted against, while the Communists abstained.
Actually the 297 against 15 wasn't the actual vote, it was just an amendment trying to substitute the disconnection with a fine. The final vote for the law was unanimous, every political group voted "for" except the communists who preferred the abstention.
That was a sad day.
See the report from the advocacy group LaQuadrature:
http://www.laquadrature.net/en/graduated-response-will-france-disconnect-europe
From the article, I get the impression that it's the ISP who does all the decision making here. "That person is downloading illegally, cancel his service." "This person is not, allow him to continue", etc.
So, does the person who's internet has just been cut off still have to pay? If so, then what a scam, I'm not even going to go there.
I assume that the person who's internet was just cut of does not have to pay for the service any longer. But this means that the ISP's will be deciding to lower their own revenue... which is not good business in my opinion.
How long until the ISP's start turning a blind eye to rule breakers in favor of keeping their books in the black?
-hps
The pure bullcrap law was voted *unanimously* by all the political groups of the senate who expressed their vote (right wing, socialist, centrist). Only the communist group abstained (*sic*). There wasn't even *one* courageous senator to vote against! Let's hope the same won't happen in the National Assembly, which members are directly elected (which is not the case for the senators) The author probably messed the score for the final vote with the public record vote for Retailleau's amendement, the only one published on the French Senate website (where 15 persons voted for after the executive branch felt it could easily pass, suspended the exam and made a few phonecalls). Look at http://www.laquadrature.net/en for more details about the vote, and soon a translation of the most disturbing parts of the law (help needed ;).
Be also aware that Nicolas Sarkozy's plan is to spread such a mechanism to the European level!
Every European shall take action on his Member State's government, so Bono/Cohn-Bendit/Roithova's amendement to Telecoms Package remains into the Council's position! (more infos soon)
What if someone's computer got a virus, which then downloaded pirated content to no fault of their own? Oops! Strike three! You lost your internet to a virus. :) GENIUS!
Sounds like a great way to reduce spam.
1. Install proxy server on vulnerable spambot.
2. Download all the copyrighted material you want through the spambot.
3. Move to new spambot when the old one gets removed from the internet.
4. Profit
Note - Liberal use of <sarcasm> tags may or may not need to be applied.
"The bill sets up a tussle between France and Brussels. In September, the European Parliament approved by a large majority an amendment outlawing internet cut-off."" If this does conlfict with the EU amendment/directive then this will be thrown out by the ECJ whe it comes before them, simple.
All those objections have been raised. I know personally the people at the main advocacy group opposing this nonsense, and from what they tell me, they are in complete in denial. They are impervious to the technical arguments. The entertainment industry feeds them their talking points, and that's good enough for them.
But the technical aspect is just a part of the whole problem; constitutionnally, it's on grounds just as weak. And the European Parliament, backed by the Commission, has shot it down premptively.
It doesn't make any fucking sense.
They use code now. We can simply use "us and "them". What you do think "welfare queen" means? Or "crime-ridden neighborhoods"? You might here some people even use the word "Canadian". And of now course you hear the word "dangerous" and "inexperienced" and "real, hard working Americans". The reasons to maintain prohibition have not changed one bit. As it is obvious to any rational person that it's not for public health. Otherwise alcohol and tobacco would be long gone. As the original post said, these laws are targeted. Most laws are. They are designed to provide probable cause to mitigate any tendency to get "uppity" Wake the hell up!
What?
For make no mistake -- corporations are merely updated feudal lords. For they have gathered power and exercise it for profit. And now they wish to enforce it by ritual excommunication.
Just say that this is great to protect all the American music and movies. In about 20 seconds it will not stop the law, it will be a requirement to at least download 1 movie per week, wether you have Internet or not.
Don't fight for your country, if your country does not fight for you.
From TFA: Companies and other enterprises where multiple computers have access to one network however, would instead be required to install firewalls to prevent workers from illegal downloading.
You mean they have the technology now for a computer to be able to tell if you bought something before? I guess then they can tell that I've already got a license to use the MP3 codec, so now when I download a program that tries to sell me an MP3 license, they can automatically discount it from the price, or automatically enable it in the referred program!
Twinstiq, game news
Only a handful of conservatives, centrists and socialists voted against, while the Communists abstained.
What happened to the good old days when the Communists at least had the courage of their convictions?
This law isn't against downloading copyrighted files, it's against using tools that "can" lead to piracy. When you will be accused of piracy, you will have to "prove" that you weren't pirating anything at the exact time (up to 6 month behind).
For example, seeing torrent traffic out of your internet connection will be enough proof to charge you of piracy, whatever you will be downloading. The law also include the fact that if you watch too much 'illegal' videos on youtube, you are a pirate.
If someone get an access to your internet connection and to something illegal, your internet will be cut off. Well, it won't really be cut. Your access will just stop working. You'll still be a client of your ISP, and you will continue to pay it, unless you want to break the contract (and pay); which is good because in France many phone lines work using the internet.
Also remember that the law was passed in emergency, and that the ones responsible for it don't even know what they are talking about. For example, if you own a free wifi hotspot, and that someone used it to do piracy, you will be able to identify him with... his IP (the one your DHCP gave him). They don't know any technical think about what they are asking. For an ISP, it should cost about $15 per client per month to log everything you are doing on your internet connection.
They tried many times to achieve their goals by procedures like this before. But since each time they don't even get information about what the world really is; they fail. And they will fail again this time.
... if the French Senate has an open WiFi connection I might borrow for a while.
Have gnu, will travel.
Something is wrong with you. The law as it's worded IS actually that vague. If it passes, it won't be enforced like that, but technically it could be. His question is not stupid, you are.
First of all, even if the second chamber does approve the law it also has to stand the test in the Court of Cassation (Cour de cassation). If the law is deemed unconstitutional there it will have to be changed.
P.S. Vi har ikke noe liknende i Norge, vi "tester" ikke om lovene er konstitusjonelle eller ikke på samme måte. Det er mer likt det amerikanske systemet hvor man også kan utfordre lover i Høyesterett (føderal).
slashcode sucks and produces mojibake when I input proper UTF-8 content. Slashcode sucks.
The French seem to be following the US example, and in this case it doesn't seem like a good idea...
"Not an actor, but he plays one on TV."
Just use "EUR".
Change is certain; progress is not obligatory.
Whether it be a rules designed to stop folks from stealing media, violating their monthly transfer cap, or even using a competitor's VoIP package, they are all susceptible to malware attacks. Given an interesting enough malware that doesn't seek to steal your data, but rather use you as a conduit, we all finally have plausible deniability.
Every time they get into this, there is an assumption that I am in complete control of my hardware and software. History has clearly shown that even with tightly-controlled systems, including those with TPM (Click to read about cracking TPM), a compromise is easy for a determined individual with even limited cracking skills. And what if there's malicious hardware (Click Here for PDF)? Anything can happen.
We may have the hardware sitting on our desk, but every security guy will tell you that physical access is everything. They'll probably try and turn my computer into a multitouch kiosk, but they'll leave a USB or serial port open on the back for bootstrapping. They may dumb computers down, but somebody has to be smart enough to build them, and some will be left to write malware that allows not so honest folk to channel their black market traffic through otherwise unsuspecting innocents who will take the fall for the infraction.
Do this a few times and courts around the globe will rule the laws an unenforcable leaving us with more trash computers and companies with too much power to see into our private lives, which is what this is partly about anyways.
Go ahead, Britain. Keep leading the way.
Just use "PERIOD" instead of "." ...
Nazi-douchebag Sarkozy had his government use "emergency" procedure to pass it, so it will only be discussed once in each chamber.
Of course, just the mere fact that they claimed it to be an emergency is yet another proof that those assholes are just doing Vivendi's bidding.
And don't forget the Crack VS Powder laws passed in the '80s where you would need 100 TIMES the amount in powder(used by whites) to equal the sentence given out for crack(used by blacks). While I agree we have come a long way,the drugs laws do screw the minorities a lot worse. I wonder if anyone has run the numbers to see what the incarceration rate is in black VS white with regards to drug cases? Because I bet the white guy gets to walk out a lot more than the black guy,if what I saw when I had to go to court was typical.
ACs don't waste your time replying, your posts are never seen by me.
France also had one of the worst anti-cryptography laws worldwide... until they gradually replaced them with saner laws in 1996 and 2004.
So is that a reason for the French to be optimistic? No. Relaxing the anti-crypto was done for the sake of equalizing laws with other countries, while tightening the screw on file sharers is just one way to kowtow before the almighty WIPO and their representatives like IFPI, RIAA et al. So things are probably going to worsen rather than improve. France have been dragging her feet in crypto matters, while nobody else was willing to go along; now she's running ahead of everybody else... and I'm afraid other countries will be all too eager to follow her lead.
cpghost at Cordula's Web.
The French consumer should see a price decrease in movie DVDs and Blu-Rays as well a price decrease in CD music. Am I right?
Can I bum a sig?
I didn't need to know you were on your period >.
Change is certain; progress is not obligatory.
McCain specifically would extend the DMCA regime.
So will Obama. What's your point?
The Democratic party, as an entity extending back to the founding of this nation, is not running in this election.
Oh please. The candidates represent the interest of the party. And the party represents the interests of its owners. And it changes hands like a tanker full of crude as it crosses the ocean from Saudi Arabia. If they didn't do what they are told, they wouldn't be up there. The party would have another set of mannequins placed in front of cameras for you all to drool over. Got news for you. There is no Santa Clause. This isn't third grade social studies. FYI The party used to actually be called the Democratic-Republican party. And it has simply split into competing factions. Though they really don't "compete" now. It's more like collude.
What?
Unfortunately as Lawrence Lessig has pointed out repeatedly the laws concerning IP are increasingly whatever various media and other entrenched "rights" holders want to impose to maximize profits. The "laws" are not even run through a legislative process but may be enshrined in software code and hardware that "laws" are then passed for us to be forbidden to even look at. What seems simple on the face of it is actually very complex. Who claims I violate who's rights and are those claimed "rights" valid and what best serves the people including the creators of the content?
In the face of corrupt or lagging legislative processes the people do what they think best for them or simply what they wish. Do we really want to yank their access to what is increasingly the connection to most communication, knowledge, computation and access to variety of non-state/corporate controlled information and opinion on the basis of so shaky a charge and without defense? How is this remotely just? How does it remotely fit the "crime" of downloading a few tunes without paying the media middlement by so draconian a punishment?
Nazi-douchebag Sarkozy had his government use "emergency" procedure to pass it, so it will only be discussed once in each chamber.
Of course, just the mere fact that they claimed it to be an emergency is yet another proof that those assholes are just doing Vivendi's bidding.
This bill is being rammed through faster than the patriot act on 9/12..
This WILL become law, and when it does I expect a great wave of refugees to come spilling into germany, britain, and quebec.
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
With this law, if your internet is cut-off, then you can't do anything about it.
Oh, my bad, yes you can contest. But if you do so and can't convince the judge that you're innocent, then you face a fine of 300000Ã and 3 years of prison.
And of course, everyone who use your connection are impacted, you have to continue to pay for your lost connexion, and you are referenced in a database so that every ISP knows that you can't subscribe to an internet access.
And this is why there are NO isp's raising holy hell right now.
They're being handed an out-and-out license to commit en-masse consumer fraud, with severe penalties to anyone who attempts redress.
Why do I get the feeling this will not pass muster under the current french constitution?
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
SSL encrypted accounts on offshore usenet services should provide the user's fill of illicit files without providing an identifiable IP to (insert enforcement company here).
The only thing visible to the ISP is an encrypted bulk transfer.
The public adopted BT pretty easily enough, there are much friendlier newsreaders.
Yep.. newsgroups are suddenly no longer passe'
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
Right, so I suppose that if this law manages to pass largely intact through the remaining legislative hurdles, the French govt, French businesses and, in particular, French banks will have to contend with the fact that at any given time a significant proportion of the populace will be legally barred from being online. And we were looking at a situation where 10-20 years down the line, near 100% of the population would otherwise have been accessible over the net.
I guess we shouldn't be expecting France to be much of a pioneer(*) in building the society of tomorrow then. Instead, 20 years from now we may all be using a French word for the term "brick-and-mortar" :-)
(*) - obBush: The French don't even have a word for "pioneer". (**)
(**) - obDisclaimer: snopes.com says that Bush never made the infamous entrepeneur statement.
sigs are hazardous to your health
again we see french headstrongness, stubbornness and self centric behaviour.
for decades they have been trying to force their views on eu, hell, even the world. even french language. so far, not only they failed, but also alienated other nations to themselves. just imagine - they left nato's military wing decades ago, only to return to the military wing recently. what happened ? did nato flounder without them ? no. just they lost credibility.
excuse me 'mon frere's, but you have to wake up and be a team player.
Read radical news here
I think you deserve the "d'oh"
No I don't, but damn if I can find a good english source for it:
"Nesten halvparten av den yngste aldersgruppen har drevet med fildeling av musikk eller filmer over nettet."
"Near half of the youngest age group has been doing file sharing of music or movies over the net."
http://www.ssb.no/vis/emner/10/03/ikthus/main.html
"I aldersgruppen 16-24 år oppgir (..) 47 prosent sier de har utvekslet film og musikk gjennom fildeling."
"In the age group 16-24 years 47 percent say they have exchanged movies and music through file sharing."
http://www.klikk.no/teknologi/nyemedier/article332320.ece
This is quoting a different study of 12-29 year olds:
"56,1 prosent av de spurte i Pandoraundersøkelsen laster ned musikk fra fildelingsnettverk."
"56,1 percent of the participants in the "Pandora" study downloads music from file sharing networks."
http://www.dagbladet.no/kultur/2005/11/10/448948.html
Why I'm even bothering to dig all this up for an AC is beyond me...
Live today, because you never know what tomorrow brings