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Between legal questions and the fact that it won't work, let's just hope it never gets enacted... not that it'd actually stop piracy even if it was.

http://www.nytimes.com/2009/04/09/busine...f=business
Quote:France Tries to Limit Internet Piracy

By KEVIN J. O’BRIEN
Published: April 8, 2009

French lawmakers are poised to approve a law to create the world’s first surveillance system for Internet piracy, one that would force Internet service providers in some cases to disconnect customers accused of making illegal downloads.

The proposal, called the “Création et Internet” and known informally as the “three strikes” directive, has won preliminary votes by the Parliament and is expected to be approved in both houses Thursday. It has support from the governing party of President Nicolas Sarkozy.

The law empowers music and film industry associations to hire companies to analyze the downloads of individual users to detect piracy, and to report violations to a new agency overseeing copyright protection. The agency would be authorized to trace the illegal downloads back to individuals using the downloading computer’s unique identification number, known as its Internet Protocol, or IP, address, which the Internet service providers have on record.

For a first violation, the agency would send a warning by e-mail.

If a user made another illegal download within three months, a second warning would be sent by certified mail. If a third infraction occurred within a year, the service provider would be required to sever service.

Piracy costs the film and music industry in France at least 1 billion euros, or $1.3 billion, a year in lost sales, according to industry figures.

“This law is definitely overdue and it’s only a fair and proportionate response to a major problem,” said Marc Guez, the managing director of the French Society of Phonographic Producers, which represents recording companies. “Our members are losing more than 500 million euros a year in sales.”

While piracy surveillance systems have been discussed in a number of countries, the French plan goes farther than the measures under consideration elsewhere. On April 1, a law in Sweden called the Intellectual Property Rights Enforcement Directive took effect, allowing industry groups to more easily prosecute copyright piracy.

In the United States, a Congressional committee this week began studying the issue. In a hearing Monday before the Foreign Affairs Committee of the House of Representatives, Steven Soderbergh, the film director, cited the French initiative in asking lawmakers to deputize the American film industry to pursue copyright pirates.

In France, the law has attracted prominent support from the French music and film establishment, including Johnny Hallyday, the French rock star, and Denis Olivennes, the former chief executive of the FNAC retail chain.

The International Federation of Phonographic Industry, a group based in London that represents the global music industry, said that 95 percent of all songs downloaded on the Internet last year — including those in France — were illegal downloads. Globally, illegal music downloads cost $12.8 billion in sales, according to the group.

While supporters and opponents both predicted that the proposal would become law, some lawyers and Internet advocates said the measure would face a tougher road before the French Constitutional Council, which can invalidate laws that it determines do not conform with the Constitution.

One of several controversial aspects of the proposal places the onus of proving innocence on those accused, who would only be able to protest their innocence after they were disconnected from the Internet.

“It is always hard to predict how the Constitutional Council may rule, but this new law does not protect the fundamental right to defend oneself,” said Cédric Manara, a law professor at the Edhec Business School in Nice.

Winston Maxwell, a media lawyer at Hogan & Hartson in Paris, said the legal challenges might delay the measure’s effective date.

“But I doubt the Constitutional Council will decide a French citizen has the right to make illegal downloads,” Maxwell said.

Nonetheless, Internet advocates call the French proposal legally unsound on the ground that there are inadequate the provisions for challenging an action, and because it gives industry groups the power to police the Internet. Others question whether the law would unfairly penalize those whose wireless broadband accounts are misused by others. The French law tries to anticipate this by making it a civil infraction for citizens to fail to “secure” their broadband accounts by using approved filtering technology.

That burden, theoretically, would fall on public Wi-Fi hot spots.

Nicolas D’Arcy, a spokesman for France’s ISP Association, the Association des Fournisseurs d’Accès et de Services Internet, said Internet providers were hoping the law would not take effect.

Internet service providers, Mr. D’Arcy said, do not want to become the enforcement arm of French justice and do not trust the law to insulate them from suits brought by customers whose service has been cut off.

“There are so many things wrong with this,” Mr. D’Arcy said.

Other critics say the law will not stop illegal downloads.

Jérémie Zimmermann, director of La Quadrature du Net, an Internet advocacy group based in Paris, said some computer users would turn to encrypted downloads and other methods to avoid detection. On Wednesday, a Swedish company, the Pirate Bay, began a service called Ipredator, which lets users use its virtual private network to make anonymous downloads for 5 euros a month.

“The French law will only drive people further underground,” Mr. Zimmermann said. “It will make the situation worse.”

Michel Thiollière, the French Senate sponsor of the legislation, said the system would probably survive legal review by the council and help preserve the rights of French artists, musicians and actors.

“The mechanism is reasonable and a graduated response designed to bring Internet users to a new world where the rights of creators must be respected,” he said.
<b><i>LOL
Um, how would they know what's legal or illegal? This is a simpler way of asking how the heck they would ever be able to moniter everyone on the frickin' internet.

It's like someone read 1984 and not only didn't realize that the sheer logistics would render it impossible, but thought it would be a good idea.

The best method is still to target the distributers, not the downloaders. That's something that would be far more feasible. Heck they would be far more capable of tracing massive uploads and being reasonably sure something may be going on than tracing massive downloads which could be anything from WOW to a remake of King's Quest.

Also they smell.
Can't do shit to uploaders if their stationed in Sealand.
Sea land?
Sealand: http://en.wikipedia.org/wiki/Principality_of_Sealand

Quote:Um, how would they know what's legal or illegal? This is a simpler way of asking how the heck they would ever be able to moniter everyone on the frickin' internet.

Magic!

Seriously though, they'd only be looking for things that rights-holders tell them to look for, I'd imagine. That would narrow it down a bit, but yeah, it'd still be very difficult.

Quote:It's like someone read 1984 and not only didn't realize that the sheer logistics would render it impossible, but thought it would be a good idea.

Some aspects of 1984 happened... but not the whole thing. And yeah, you're probably right that the whole thing wouldn't be possible... but some elements... yes. I agree, though, that it isn't possible to stop piracy. These attempts just fail and make people mad at you for trying.

Quote:The best method is still to target the distributers, not the downloaders. That's something that would be far more feasible. Heck they would be far more capable of tracing massive uploads and being reasonably sure something may be going on than tracing massive downloads which could be anything from WOW to a remake of King's Quest.

So you relocate your servers to countries that don't go after software pirates... but yeah, up to this point, it has always been uploading that gets people in trouble, not downloading. That's because it's so much harder to figure out what someone is downloading than what they're uploading. But as this shows, trying to figure that out is almost impossible without massive rights violations... in the US at least, as much as some industry people wish they could attempt this, I think it'd be impossible to pass such a bill that would hold up in court. In Europe... well, they don't have the First Amendment. Maybe it's possible there. But the article says that even there, it's of questionable legality even if it does pass, and for very good reason...

Basically, the problem is that it's not going to be possible to stop internet piracy... but no one is quite sure how to deal with that and have people able to get compensated for their work, in an environment where many people are unwilling to pay for things. Trying to ban it and pretend that the problem can just be made go away, though, will do absolutely nothing. As any nation that actually passes something like this would soon find out, I'm sure. We need to work on actual solutions. This kind of thing... is not exactly helpful.
As with many things of late, the lawyers aren't the people to go to for solutions. Technology is. Heck I remember getting into some debate with my sister about cat declawing (a cat neither of us owned or had to deal with, which is neither here nor there) and all that fussing about animal rights vs peace of mind and property destruction were nullified the moment someone found out about these little rubber "nail extenders" (like for finger nails, only for cat claws) that can be easily fitted and last for about 6 weeks, and cost about 8 bucks for a box full of them.

In this case, if Valve's upcoming digital "signituring" of software works, no extra laws will be needed. They just go after the distributers armed with as accurate a means of identification as finger prints.
Some German 12 year old will send France an angry email, and that will be the end of that.
Please surrender to piracy France
Well, the French parliament voted down the bill, 21-15. President Sarkozy promises to bring it back, as he's a supporter of the bill, but the first signs are promising at least. :)

Quote:Heck I remember getting into some debate with my sister about cat declawing (a cat neither of us owned or had to deal with, which is neither here nor there) and all that fussing about animal rights vs peace of mind and property destruction were nullified the moment someone found out about these little rubber "nail extenders" (like for finger nails, only for cat claws) that can be easily fitted and last for about 6 weeks, and cost about 8 bucks for a box full of them.

Cat declawing just isn't right... I don't like it. Seems cruel... :(
I'm willing to do great battle against France's greatest warrior. I've never fought in my life but I think I could take him. Glass Joe right?