Is IP under threat in the EU?

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A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms Due August 2013.

France

The French government brought in a law for measures to enforce copyright, which is officially called the Creation and Internet law, but colloquially referred to as the Hdaopi law ( loi Hadopi), and which have been dubbed " 3 strikes and you're out!" Warnings will be sent to thousands of users accused of copyright infringement (delivered by ISPs to their customers on behalf of the copyright owners) and penalties will include termination of Internet access. The proposals were first put forward by the 'Mission Olivennes', and commission headed by Denis Olivennes, former head of the French retail chain called the Fnac. The law passed through the French legislature in 2009.

The French law is supervised by a government body known as the Hadopi. It is mandating changes to computer security software which effectively entail mass surveillance of Internet users. Those behind the measures are the private corporations (entertainment and music companies who own large libraries of copyright material), who will look for users alleged to be downloading files without payment or permission.

The progress of the Hadopi measures is of interest to other EU Member States, some of whom are thinking about implementing similar copyright enforcement provisions.

My paper The French law on Creation and Internet – using contract law to squash file-sharing is available here.

Hadopi slashed & smartphones taxed in French 3-strikes re-modelling

Monica Horten

Published on 14 May 2013

But what of intermediary liability? Iptegrity has examined the Lescure report.

The French government, led by the Socialist President Hollande, is to partially reverse the controversial 3-strikes (graduated response) law and re-modelling it in what government hopes will be a more user-friendly format. France is also bringing in a range of new measures that are intended appease the copyright industries. Among them is a proposal to tax devices such as smartphones and tablets. Whilst these measures will grab the headlines, there are other proposals lurking beneath the surface that are less clear, for example, the French government’s approach to intermediary iability in this context.

Lex Google: a private law for the French Internet?

Monica Horten

Published on 06 November 2012

The French government is giving contradictory signals about the so-called Lex Google, that would see the American search engine company pay for including French newspaper articles in its indexes. In a new twist, it seems that it may not become a law at all – it may become a cosy, secret agreement between Google and a select group of French media owners. This is the outcome favoured by President Hollande, according to a press statement issued after a meeting with Google and representatives of the French media owners.

Will Lex Google guillotine the publishers?

Monica Horten

Published on 31 October 2012

Outright war declared between Google and the French media.

France could have a law in place by next year that could kill off large chunks of Twitter and cause whole swathes of cyberspace to fall silent. The law, dubbed Lex Google, is demanded by French, German and Italian media in name of protecting their businesses. It puts at risk the lifeblood of Internet communication, namely hyper-linking. The outcome could be an all-out commercial war between the print media and the Internet giant Google.

About Iptegrity.com

Iptegrity.com is the website of Dr Monica Horten, independent policy writer and Visiting Fellow at the London School of Economics & Political Science. Iptegrity offers expert insights into Internet policy. Iptegrity is read by lawyers, academics, policy-makers and citizens, and cited in the media. Please acknowledge Iptegrity when you cite or link. For more, see IP politics with integrity