Still a chance to defeat French 3 strikes law
p2pnet news view | P2P | Politics:- The governments in France and New Zealand have said they’re willing to to act as a taxpayer-funded corporate copyright enforcers.
ISPs would ‘punish’ anyone the corporate movie and music industries claim are ‘illegal’ downloaders.
The cartels are having trouble in New Zealand where ISP TelstraClear has refused support Section 92A, which states if a copyright owner thinks an internet user is guilty of repeatedly breaching copyright, the user’s ISP will be forced the terminate their internet connections and websites.
French president Nicolas Sarkozy and Denis Olivennes, who runs France’s largest consumer electronics and media retail operation, say they want to “regulate the digital environment” with a ‘three strikes and you’re out’ policy called the Hadopi for use against alleged Net ‘pirates’.
Phillipe Axel has been following developments in France and below is his report on events to date.
He says so far, the Hadopi hasn’t been voted in, leaving only two weeks, “to convince government to retire the project”.
He goes on »»»
On March 12 and 13 the National Assembly in France, began the debate on the Hadopi law which will continue March 30. The rapporteur of the law and the minister of culture gave negative opinions and provoked the rejection of by the members of the majority on a series of amendments which, however, could bring some new gains for real creators. Proving that this law has absolutely nothing to do with their defense. Here is the list of rejected amendments with my explanations and the link to the Assembly site where you can check yourself the amendments. Note that some of its amendments had yet been filed by members of the majority.
No. 440
http://www.assemblee-nationale.fr/13/amendements/1240/124000440.aspThis amendment asked sellers of records or videos to add a label on the sale price, showing the part of the price for the creation and the part for distribution. Consumers would have noted the small part of the price for creators, which would probably weigh on future distribution contracts for more benefit for artists. This amendment was rejected.
No. 441
http://www.assemblee-nationale.fr/13/amendements/1240/124000441.aspThis amendment would force all users of tunes such as streaming sites (Deezer, lastfm, jiwa, musicme etc.) to provide rights collecting organizations, the exact statistics of broadcasts for the distribution to be truly reflective of the hearing. This amendment, however, presented by three groups (CBC, GDR and NC) was rejected.
No. 443 (and 439)
http://www.assemblee-nationale.fr/13/amendements/1240/124000443.aspThe amendment requested that a report be submitted to Parliament before 31 October 2009 for “the implementation of a fund for music creation and its financing by including a part of the tax new provided by operators of electronic communication voted few weeks ago for the french public television (France Television) . To be clear, this was to ensure that a part of the new tax abound fund to support the creation of music. Not for works already produced, but to support future productions . Amendment rejected.
N ° 444
http://www.assemblee-nationale.fr/13/amendements/1240/124000444.aspThis amendment would open the way of the “creative contribution” proposed by Philippe Aigrain in his book “Internet and Creation”. It’s a little bit different than the optional global license imagined in 2006. Philippe Aigrain believes that eventually, with the fee required by 5 to 7 € per month in subscription to the ISP, “more than one million creators (broadly defined) would receive more than 300 € per year, including more than ten thousand would be more than 10 000 € per year.
“(Note: Including those who leave their works in Creative Commons licences like me). … Remember that all media, only 8700 living authors in France have sufficient incomes to join the AGESSA for their retirement and of these, 10% received more than half of the rights of all. This amendment has been presented only for the music that has discredited the process. Initially, Philippe Aigrain proposed that also for audiovisual works. Of course, this creative contribution was not intended to finance the entire production, but to be added to existing contibutions, and to support the transfer of cultural industries to new products and services fully compatible with free trade on the Web. This is the work of industry. Philippe Aigrain also details precisely how this would be redistributed regarding the real use of files and not a centralized system for repartition.
Last minute: Richard Stallman propose a similar way today with The “global patronage system”
http://www.mecenat-global.org/index-en.htmlNo. 394 (419 and 445)
http://www.assemblee-nationale.fr/13/amendements/1240/124000394.aspThis amendment introduced by the majority deputy Suguenot would open to a tax on all advertising revenue from the web, this time in favor of performers (singers, musicians). So they can say thank you to the Minister for having [it] rejected.
Rect No. 215 (and 412)
http://www.assemblee-nationale.fr/13/amendements/1240/124000215.aspIt was the setting up of a system of extended collective license for streaming sites like lastfm, musicme, Deezer or Jiwa. As for radio or television. The majors do not want this amendment because they are currently negotiating their catalogs case by case with each of these platforms against remuneration they receive, and them alone. Small independent labels and artists are ignored in these negotiations in the case of an extended collective license is Sacem which receive and distribute directly to all the rights holders and small gros. Amendements therefore denied, at the request of majors.
To be continued…
French speakers will find details on Phillipe’s blog, and Google translations are available.
Merci, Phillipe.
trouble in New Zealand – Google chips into NZ copyright fray, March 16, 2009
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March 18th, 2009 at 9:11 am
It’s sad to see that the amendments that would have most benefited the people who created work; i.e the Musicians and Composers were all defeated…
I also think it’s an incredible shame (but a brave move by whoever proposed it) that the amendment to show the actual amount that the artist receives on the label was also defeated – just think how many people would balk at buying a CD if they knew that the creator of the music was receiving such a tiny proportion of the sale price… That in itself would massively impact the revenues of the “Big 4″.
Personally, I don’t buy corporate “product” anymore, partly because much of it is generic crap, but mainly because I choose to support the artists I like by going to their gigs and buying their stuff there. Also I prefer to find and experience new artists, and the best way to do that is to find them online…
March 18th, 2009 at 11:13 am
The rejection of these amendments clearly shows WHO is paying bribes for such laws.
March 18th, 2009 at 11:51 am
Another BS law that are unenforcable and will not be enforced.
France is governed by a pack of old farts nazi, retards and morons juste like the Vichy governement during world war two. Sarkozy is a traitor just like petain.
It is time for the french people to bring the guillotine out of the museum.