Country top court, the Constitutional Council, gives it’s blessing to graduated response system whereby file-sharers, after three accusations of copyright infringement, will be disconnected from the Internet for a year.
It’s official. France, a country which used to pride itself in protecting freedom of thought and speech, has taken, the lead in the battling online piracy after its top court, the Constitutional Council, ruled the govt can begin disconnecting users from the Internet vis a vis the controversial “three-strikes” law passed late last month.
The court struck down an earlier version of the “Creation and Internet” law over demands that only a judge should have the power to disconnect individuals from the Internet, arguing that it’s essential for the “free communication of thoughts and opinions is one of the most precious rights of man.” It said curtailing basic freedoms requires a trial and judge’s order rather than that of a govt agency.
Dismayed, but undeterred, the govt revised the law so that the govt agency formerly responsible for disconnecting users, the Haute Autorité pour la Diffusion des Oeuvres et la Protection des droits sur Internet (HADOPI), would instead “solely be in charge of the preventive and educational component of the fight against piracy.”
It then took a look at the new and improved “three-strikes” law and ruled yesterday that it passes constitutional muster.
Copyright holders were quick to praise the decision.
“The French government has led the way internationally in delivering effective measures to deal with digital piracy,” said IFPI Chairman and CEO John Kennedy. “This is a very positive step for creators and the whole music sector which will improve the environment for new digital music services, help protect creative industries from the huge threat of digital piracy and benefit music fans.”
The problem with his statement is that it really protects no one at all. Savvy file-sharers will always stay ahead of the law and devise technological solutions to anti-piracy detection methods just as they always have.
What’s particularly sad is that govt is going to allow private businesses to essentially monitor the private communications of individuals and punish them by removing them from the INFORMATION SUPERHIGHWAY for a year!
“France is acting as a spearhead,” said David El Sayegh, director general of the Syndicat National de l’Édition Phonographique, the French music industry association to the New York Times. “Piracy is not just a French problem, it is a global problem.”
Sure, but that’s why fighting it in France is so ignorant. Fighting a problem in a country of a mere 62 million does little in a global population of some 6.7 billion!
It’s a sad day in France. Who knew the people of a country who gifted us the Statue of Liberty would be the first to take steps towards curtailing individual liberties for the benefit of commercial interests.
Stay tuned.
jared@zeropaid.com
Stay tuned.
jared@zeropaid.com
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- France’s Top Court Rules “Three-Strikes” Unconstitutional
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France has enshrined in their constitution the rights of the author, so this is no suprise. It will be interesting to see what version of this other european countries adopt.
To what extent does disconnecting a household’s Internet access benefit any author? This law is practically irrelevant to authors.
French copyright law treats a protected work as an extension of the personality of the author which is protected by a certain number of moral rights. In general, the author has the right to “the respect of his name, of his status as author, and of his work” (Art. L121-1). The following rights are usually recognised:
right of publication (droit de divulgation): the author is the sole judge as to when the work may be first made available to the public (Art. L121-2).
right of attribution (droit de paternité): the author has the right to insist that his name and his authorship are clearly stated.
right to the respect of the work (droit au respect de l’intégrité de l’oeuvre): the author can prevent any modification to the work.
right of withdrawal (droit de retrait et de repentir): the author can prevent further reproduction, distribution or representation in return for compensation paid to the distributor of the work for the damage done to him (Art. L121-4).
right to protection of honour and reputation (droit à s’opposer à toute atteinte préjudiciable à l’honneur et à la réputation).
The moral rights are inalienable, perpetual and inviolable. They pass to the author’s heirs or executor on the author’s death, but may not be otherwise transferred or sold under any circumstances, by either the author or his legal successors.
You have not answered my question. Talk about irrelevant.
It’s a disaster for those who push for human rights and completely illegal under soon to be EU laws (ala right to internet access) If the current iteration of the telecoms package goes through, this law will be challenged and smacked down for being unconstitutional.
Kind of like a security council resolution. I don’t think France cares as much about Brussels as all that.
malgre: blah blah blah blah ….