France passes 3-strikes law against filesharers

[Bladesinger7x]

This time it seems the evil evil corporations have thrown enough
money into the right bucket to pass the 3-strikes law. Will it end
here?

Source:
http://www.guardian.co.uk/technology...-three-strikes

[zalbard]

News from May?

[Bladesinger7x]

Ups, ols source

Newer source from September
http://www.theregister.co.uk/2009/09...s_lower_house/

[Speederlander]

C'est la vie.

[Hell Hound]

When you have scary weak citizen's who's scared of their government then that's what happens.Look @ America obama threaten to take away weapon's and we responded by buying 10x more weapons.

[Speederlander]

Look @ America obama threaten to take away weapon's and we responded by buying 10x more weapons.

Except he didn't. But some people made a lot of money by pushing the story.

[Jamesrt2004]

When you have scary weak citizen's who's scared of their government then that's what happens.Look @ America obama threaten to take away weapon's and we responded by buying 10x more weapons.

lol weak citizens

they AWAYS have some sorta protest going on against the government.. imo one of the msot active/vocal populations against their government

[AbelJemka]

EU will kill this law so we don't care.

[AKM]

EU will kill this law so we don't care.

No they won't

Europe backs down on piracy plans
The European Parliament has given the green light for member states to cut persistent file-sharers off from the net.

It has dropped an amendment to its Telcoms Package which would have made it hard for countries to cut off pirates without court authority.

It follows pressure from countries keen to adopt tough anti-piracy laws.

The French government has just approved plans which could see pirates removed from the net for up to a year.

The UK's file-sharing policy is also likely to include a clause about disconnecting persistent offenders.

An amendment to the European Parliament's forthcoming telecoms legislation was designed to protect citizens against being automatically cut off from the net.

Amendment 138 read: "Any such measures liable to restrict those fundamental rights or freedoms may only be taken in exceptional circumstances...and shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights.. including effective judicial protection and due process."

Dropping it effectively means that individual countries would be able to ask internet service providers to remove users deemed to be persistent pirates without needing a prior court order.

Persistent problem

“ Without compelling services piracy will not be beaten ”
Mark Mulligan, Forrester Research
There has been much debate around Europe as to whether internet access is a fundamental right.

The European Parliament has already adopted a provision stating that internet access is "critical for the practical exercise of a wide array of fundamental rights".

UK prime minister Gordon Brown has said that people are as entitled to internet access as to gas, water and electricity.

At the same time Business Secretary Peter Mandelson has moved to toughen up anti-piracy legislation to include the ability to remove persistent file-sharers from the net.

According to figures from analyst firm Forrester, 14% of European internet users engage in illegal file-sharing.

Legislation may not be the answer, thinks Forrester analyst Mark Mulligan.

"Piracy will not be solved by legislation alone. Without compelling services piracy will not be beaten," he said.

There have been a flurry of announcements about legitimate services in recent months, including Sky's SkyTunes service and tie-ups between the likes of internet service provider CarphoneWarehouse and music service Napster.

New methods

Peer-to-peer networks are likely to be the main targets of any anti-piracy legislation.

At network level, internet service providers are able, if asked, to identify the particular machines from which music or other content is being illegally downloaded.

But non-network piracy methods, including using instant messaging, e-mail, music blogs, bluetooth and iPod ripping, are on the rise.

It is likely that legislation will be too slow to catch pirates, thinks Mr Mulligan.

"Technology just moves quicker. Already we are seeing around 20 different alternatives to peer-to-peer piracy," he said.

This week France's constitutional court approved its revised anti-piracy plans.

The proposed legislation operates under a "three strikes" system. A new state agency would first send illegal file-sharers a warning e-mail, then a letter and finally cut off their connection if they were caught a third time.

Under the revised law, a judge must rule on the issue of whether to disconnect users.

The UK's policy on file-sharing is due to be revealed next month.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/h...gy/8322308.stm

Published: 2009/10/23 11:10:33 GMT

© BBC MMIX

[Yoxxy]

Sharing copyrighted materials is illegal in all countries.

Some just choose to enforce and others don't.

[STaRGaZeR]

Sharing copyrighted materials is illegal in all countries.

Not here.

[Kurz]

File sharing is a violation of a license that was written so you cannot understand it.
This license then is a violation of human rights given to us

These new laws, are to punish people who believe in human rights

If you neighbor is starving, you give them food. But then you give your neighbor seeds that you harvested so he can grow his own food next time, but the person who sold you the seeds, is now after you, to pay him for the seeds you produced, cause he told you not to give any away.

And when you refuse to pay, they destroy you garden and ban you from having for a few years. Causing you suffering.

Damn I like that analogy.
Still I guess its too hard for an industry to innovate with changing times.

[Yoxxy]

Not here.

Fact: You are wrong as are most people. There are only Three persons exempt from copyright law in Spain. Composer, Author, Director. If you are not one of those people you can not freely distribute their works.

Spanish copyright law governs copyright (Spanish: derechos de autor), that is the rights of authors of literary, artistic or scientific works, in Spain. It was first instituted by the Law of 10 January 1879,[1] and, in its origins, was influenced by French copyright law and by the movement led by Émile Zola for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified.[2] A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996:[3] unless otherwise stated, all references are to this law.

The copyright law of the European Union has arisen in an attempt to harmonise the differing copyright laws of European Union member states. It consists of a number of Directives, which the member states are obliged to enact into their national laws, and by the judgments of the European Court of Justice and the Court of First Instance.

Attempts to harmonise copyright law in Europe (and beyond) can be dated to the signature of the Berne Convention for the Protection of Literary and Artistic Works on 9 September 1886: all European Union Member States are signatories of the Berne Convention,[1] and compliance with its dispositions is now obligatory before accession. The first major step taken by the European Economic Community to harmonise copyright laws came with the decision to apply common standard for the copyright protection of computer programs, enacted in the directive on the legal protection of computer programs (91/250/EEC) in 1991. A common term of copyright protection, 70 years post mortem auctoris (from the death of the author) was agreed in 1993 as the directive harmonizing the term of protection of copyright and certain related rights (93/98/EEC).

The implementation of directives on copyright has been rather more controversial than for many other subjects, as can be seen by the six judgments for non-transposition of the EU Copyright Directive (2001/29/EC).[2] Traditionally, copyright laws vary considerably between Member States, particularly between common law jurisdictions (Cyprus, Ireland, Malta and the United Kingdom) and civil law countries. Changes in copyright law have also become linked to protests against the World Trade Organization and globalization in general.

The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created.

In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law.

Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, they continued to make statutory damages and attorney's fees only available for registered works).

The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms.

Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the rule of the shorter term". Not all countries have accepted this rule.

[Khoral]

The fact is, the HADOPI law will only check on Emule and similar "easy to supervise" P2P.
Nothing will be done with newsgroups, FTP boards, torrents and so on.
And I'm not talking about the part that says "You must protect your wifi access point", telling you to put a software on your PC. And when your PC isn't running but your wifi does... wait. Paris, we've got a problem ! (and a person from the french government said we had to put the "OpenOffice firewall". That was fun ).

The thing to watch now is the Loppsi law (also known as Lopsi 2. Note the added "p" in the new law name ^^ Cause it's not the same as Lopsi, no no no it's different we promise xD).

[STaRGaZeR]

Fact: You are wrong as are most people. There are only Three persons exempt from copyright law in Spain. Composer, Author, Director. If you are not one of those people you can not freely distribute their works.

Spanish copyright law governs copyright (Spanish: derechos de autor), that is the rights of authors of literary, artistic or scientific works, in Spain. It was first instituted by the Law of 10 January 1879,[1] and, in its origins, was influenced by French copyright law and by the movement led by Émile Zola for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified.[2] A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996:[3] unless otherwise stated, all references are to this law.

...

Fact: I don't know where that data comes from, but it's incorrect. Let me explain it to you.

The articles that regulate copyright infringements are inside the law called Código Penal, and it's the one you referenced in your post (bolded). But you got your dates wrong: it was published in 24/11/1995, with minor corrections in 02/03/1996. You can read the whole law here. However I'll quote the article we are interested in:

CAPITULO XI

De los delitos relativos a la propiedad intelectual e industrial, al mercado y a los consumidores

Sección Primera

De los delitos relativos a la propiedad intelectual

Artículo 270. 1. Será castigado con la pena de prisión de seis meses a dos años y multa de 12 a 24 meses quien, con ánimo de lucro y en perjuicio de tercero, reproduzca, plagie, distribuya o comunique públicamente, en todo o en parte, una obra literaria, artística o científica, o su transformación, interpretación o ejecución artística fijada en cualquier tipo de soporte o comunicada a través de cualquier medio, sin la autorización de los titulares de los correspondientes derechos de propiedad intelectual o de sus cesionarios.

2. Será castigado con la pena de prisión de seis meses a dos años y multa de 12 a 24 meses quien intencionadamente exporte o almacene ejemplares de las obras, producciones o ejecuciones a que se refiere el apartado anterior sin la referida autorización. Igualmente incurrirán en la misma pena los que importen intencionadamente estos productos sin dicha autorización, tanto si éstos tienen un origen lícito como ilícito en su país de procedencia; no obstante, la importación de los referidos productos de un Estado perteneciente a la Unión Europea no será punible cuando aquellos se hayan adquirido directamente del titular de los derechos en dicho Estado, o con su consentimiento.

3. Será castigado también con la misma pena quien fabrique, importe, ponga en circulación o tenga cualquier medio específicamente destinado a facilitar la supresión no autorizada o la neutralización de cualquier dispositivo técnico que se haya utilizado para proteger programas de ordenador o cualquiera de las otras obras, interpretaciones o ejecuciones en los términos previstos en el apartado 1 de este artículo.

Use Google translate if you don't understand it, but I've bolded the important parts: if you don't make profit by selling what you have downloaded to other people, you're free of charge. The Spanish RIAA equivalent has tried multiple times to punish people because of downloaded music, movie collections, etc. but each time the judges have rejected the case because, as for today, it's just not illegal here. And I repeat, that article plus #271 and #272 are the only ones that regulate copyright infringements in Spain.

[loonym]

A discussion on piracy evolves to a discussion on religion? If you can somehow work politics into this you'll be a perfect 3 for 3.

[zalbard]

A discussion on piracy evolves to a discussion on religion? If you can somehow work politics into this you'll be a perfect 3 for 3.

Both religion and politics are banned on XS, though. So it would be too much!
IBTL!

[Jamesrt2004]

A discussion on piracy evolves to a discussion on religion? If you can somehow work politics into this you'll be a perfect 3 for 3.

it has hellhound said "When you have scary weak citizen's who's scared of their government then that's what happens."

3/3 ding ding ding

[Serra]

Okay, I removed all the religious comments and, so as not to leave the thread with 50% confusing posts, those that only referenced them to make fun of the... ahem... nonstandard belief set that one member has.

I highly recommend not bringing it up again.

[WorshipMe]

I live in France and they are always on damn strike, whether it's just because they don't like working (this is the most likely cause) or because they have genuine reasons, I really don't know. But they do not take it lying down.

[AKM]

New internet piracy law comes into effect in France

By Hugh Schofield
BBC News, Paris

The first effects of France's new law against internet piracy will begin to be felt as the new year begins.

The law was passed after a long struggle in parliament, and in the teeth of bitter opposition from groups opposed to internet restrictions.

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.

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).

The law was backed by President Nicolas Sarkozy and the entertainment industry.

http://news.bbc.co.uk/2/hi/europe/8436745.stm

[IronWarrior]

It's france, enough said really.

[Trouffman]

maybe the stupidiest law in france

we've ton of joke about it in france xD

[freeloader]

At least you guys protest in France. Here in Ontario, Canada, we can't even get people to protest the provincial government's new harmonized sales tax (8% on basically everything that wasn't taxed before) including our internet. Hopefully enough of you protest in France to stop this policy before other countries (and dimwitted politicians) get the same ideas abroad.

All artists work should go to the public domain the day after they die anyhow. Just my 2 cents.

[villa1n]

At least you guys protest in France. Here in Ontario, Canada, we can't even get people to protest the provincial government's new harmonized sales tax (8% on basically everything that wasn't taxed before) including our internet. Hopefully enough of you protest in France to stop this policy before other countries (and dimwitted politicians) get the same ideas abroad.

All artists work should go to the public domain the day after they die anyhow. Just my 2 cents.

BC is just as bad, we re placated by olympic hype.