Friday31 March 2023

France admits that the three strikes law is a waste of money and time

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TPB Under attack

It seems that the French could be making some changes to the way they handle copyright law when it comes to movies, TV, Music and other titles. Although they admit that piracy is a problem they are joining a growing number of countries and governments that are concerned about the way the entertainment industry is dictating laws. Philippe Aigrain, co-founder of protest group La Quadrature du Net recently commented on this saying: “The government will be judged on its ability to resist the harmful influence of the entertainment industry to whom the conception of policies has been delegated by the governments one after the other.”

This bold statement is one that echoes with many people that are seeing the entertainment cartels extend their influence deeper and deeper into the way our governments operate. One of the most recent eye openers was the MPAA “inspired” attack on Megaupload. Despite Megauplaod having one of the best systems for content removal requests (Megaupload even gave the MPAA, RIAA and others direct access to remove content) they still convinced the US DoJ to launch a siege on them in an effort to not only convict Kim Dotcom and others of criminal copyright infringement, but also a few other charges thrown in to make things look more sinister. Unfortunately for the US the exercise left them looking foolish and is still wasting money on what is a losing case (they still have not shown any evidence for the original raid and search). The US FBI broke several New Zealand Laws in the process of trying to get Kim Dotcom and ended up involving the New Zealand government as well.

By now you are probably wondering what this has to do with the French considering repealing their Three Strikes Law. It is important as France is looking at not only the law, but also the agency that was overseeing it. They are looking at breaking this group down and shifting their responsibilities into the French CSA (roughly the French equivalent of the FCC). Hadopi (High Authority for Transmission of Creative Works and Copyright Protection on the Internet) has been criticized in the past as being little more than extension of the entertainment industry in government. Their one attempt at convicting someone under the laws they watch was a fiasco and they have never ever used their power to remove a persons’ access to the internet. In short since its creation in 2009 the agency has done nothing but talk big and get paid.

France is going to repeal the law that grants the power to take away someone’s internet access, but they are going to maintain the vestiges of the graduated response. They will have fines that will max out at 1500 Eruos, but nothing beyond that except to perhaps look into criminal copyright infringement. France will also work through the CSA to make titles available via video on demand more quickly after their release in the theatres to help combat piracy. Hadopi will go away as their duties are pushed down to CSA. There are some that feel that this move is no enough and that although the Hadopi name might be going away they will still live on inside the CSA. The also claim that this move changes nothing when it comes to fair use rights or protections for internet users. Perhaps this is not the best possible way to do things, but it does seem that it is at least a step in the right direction.

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Last modified on Tuesday, 14 May 2013 10:56

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