French 3 strikes law now in effect
p2pnet news view P2P | Politics:- The French version of the Three Strikes element of the Hollywood and Big Music ACTA bidniz plan has gone into effect.
And Australia’s ABC News, acting as an unpaid entertainment industry PR unit, says virtually every French file sharer who gets the second of two warnings will “stop engaging in illegal internet downloads”.
No! Really!
A corporate copyright enforcement agency, funded not by the cartels but by French taxpayers, “will send warning letters to copyright violators,” says the story, going on >>>
Those who ignore two warnings risk being fined and or disconnected from their internet service.
Supporters of the law, including President Nicolas Sarkozy, say it is a model for other countries around the world that want to protect their creative industries and make clear to ordinary web users that not everything is free.
It is “expected that 95 per cent of people who receive a second written warning will stop”, it says.
In the middle of last month, p2pnet posted, “These four p2pnet headlines bring things up to date — up to a point:
- France as Big Music copyright cop
- French president Sarkozy sued by US band
- French prez Sarkozy busted for pirating music
- ‘3 Strikes’ Sarkozy blows $396,841 on a shower!
Then, “he and his political party keep getting caught infringing on copyrights,” said Mike Masnick in TechDirt, continuing >>>
First there was the use of a song in some online videos withoutmass pirating DVDs. So you would think that his party would be extra careful when putting together yet another online video involving music. Apparently not.
In a move that is being widely mocked even by those within Sarkozy’s party, it has released a lipdub video using some UMP politicians singing along. The only problem? You guessed it… the party did not properly clear the rights and now need to pay up for infringing on the copyright (Google translation from the original French). Apparently, they had licensed the rights to the original version of the song, from 1976, but then decided they didn’t like that recording, and instead used a modern version of the song.
According to another report, the UMP had asked the copyright holder if it could use this version, and they were turned down, because the label did not want the song used for political purposes.
So Sarkozy’s party just used it anyway.
I wonder if Sarkozy can blame Vimeo for inventing “lip dubs” and encouraging the UMP to violate copyright laws in this manner. proper licensing. Then there was the issue with
But, TechDirt added, “the real question remains: given that France has moved forward with Sarkozy’s plan to kick infringers off the internet on a three strikes basis, and this appears to be at least Sarkozy’s third strike, does the UMP have to give up their internet access?
“Or do Sarkozy’s favored laws not apply to Sarkozy?”
We can answer that, Mike, we said: they don’t.
“Illegal downloaders will be sent a warning e-mail, then a letter if they continue, and finally must appear before a judge if they offend again,” says the BBC, adding:
“The judge can impose a fine, or suspend their access to the internet.
“The Creation and Internet Bill set up a new state agency – the Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet (Hadopi).”
Stay tuned as the Free French gear up for the 21st century version of the French Revolution.
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
ACTA bidniz plan – ACTA: epic fail, December 31, 2009
ABC News – France introduces three strikes net piracy laws, January 2, 2010
p2pnet – Nicolas Sarkozy: copyright criminal, December 31, 2009
TechDirt – Sarkozy’s Party Found Violating Copyright Yet Again With Awful Lipdub, December 16, 2009
BBC – New internet piracy law comes into effect in France, January 1, 2010
Use free p2pnet newsfeeds for your site. It`s really easy!
Subscribe to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.php
Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details.
January 2nd, 2010 at 5:48 pm
“It is “expected that 95 per cent of people who receive a second written warning will stop”, it says.”
No.
What will hapen is that after the first warning 99.9% of people wil go anonymous by using an open proxy, a VPN service such as predator, TOR, Syphon or will use an anonymous p2p software such as Winny, Mute or Ant.
As fare as Tor is concerned it is a good news since the more users there is the faster the network goes.
Oh! and I forgot the WIFI p2p applications that does not even required an ISP monitored or not. This one too become fadster with more users.
January 2nd, 2010 at 6:14 pm
What happens if the judge only imposes a fine? Do the three strikes reset?
January 2nd, 2010 at 6:54 pm
Jon, sorry to contradict you but the law is not yet into effect. It’s application decrees have not been published yet, and the CNIL (national commission for computers and liberties) wants to review certain points and they also need to read the decrees for that. Incidentally, there are regional elections in three months and the president of the CNIL belongs to the party of Sarkozy, so one might wonder if they’re not pushing the application of the law for after the elections. Let alone the fact that the security software that users should be able to get (buy) that would protect them from the piracy claims of HADOPI is still “under work” and nobody saw anything about it so far.
The law won’t go in effect before April, and even after that it won’t be enforceable anyway.
January 2nd, 2010 at 7:09 pm
@ RW: “Jon, sorry to contradict you”
I’m very happy to be contradicted. Do you have links for this?
Cheers! And thanks …
January 3rd, 2010 at 4:23 am
I loathe Three Strikes but prefer the French version of it to the proposed UK law. At least disconnection from the Internet is only for one year there. Here, it’s life.
I find this totally ridiculous when you consider that even if you killed a pop star, you’d get a chance of a reprieve after 15 years, but if you downloaded three of their songs, you’re off the net for life…
January 3rd, 2010 at 8:05 am
lol Jon ignore email
Id love to hear what the EU DG has to say about this
haha
January 3rd, 2010 at 1:33 pm
Could you all just stop mentioning VPNs as anonymity solutions, because they are NOT!
They are anonymous by policy, because the owner chooses not to log specific accesses and the users chose to trust the owner not to do it. If the VPN service owner has the ability to log accesses, they can be forced to do so with a National Security Letter or something similar (everyone has to “think about the children”, right?). VPNs are not anonymous.
There are services that are designed with anonymity in mind, and one such service is Tor. Yup, it is not useful for torrenting, but it is designed around anonymity.
https://blog.torproject.org/blog/anonymity-design-versus-policy
I wish people stopped posting full DVDs and instead posted rips that are encoded as efficiently as possible to reduce file size. Then they won’t strain the “anonymity by policy” networks.
January 3rd, 2010 at 10:06 pm
“There are services that are designed with anonymity in mind, and one such service is Tor. Yup, it is not useful for torrenting, but it is designed around anonymity.”
TOR bring you back to dialup speed at the moment still good enough to download music files even entire album.
But If more people join TOR the speed will increase.
Just try TOR!
January 3rd, 2010 at 10:08 pm
I find this totally ridiculous when you consider that even if you killed a pop star, you’d get a chance of a reprieve after 15 years, but if you downloaded three of their songs, you’re off the net for life.
Oh Well! There is many way to access the internet without paying an ISP.