For the backstory to the upload filter check my book The Closing of the Net - PAPERBACK OR KINDLE - £15.99!

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.

If you like the articles in this section and you are interested in France, copyright enforcement policy and the Hadopi law, you may like my books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

You may also  like my book The Closing of the Net which positions the story of the Hadopi law in the wider policy context.

A French court decision earlier this month means that a law suit against the open source software hub, SourceForge, and three peer-to-peer sites including Vuze, can go ahead. If anything signals that graduated response and "co-operation" measures represent an attack on the Internet industry, this could be it.

 

A Paris court has decided that US-based owners of Internet services can be sued in France under French law, according to a report on the French news site Liberation . The ruling applies to case filed by the French music producers association, the SPPF (Societe de producteurs de phonogrammes francaises) in June  2007. The case was filed against three  US-based organisations - Sourceforge, Vuze, Morpheus -  and Limewire was added at the end of 2007. 

The SPPF accused them of copyright infringement, after having obtained evidence via

Read more: Music producers get green light to sue Sourceforge, Vuze

I have written a briefing paper on the French Creation and Internet law (Project de Loi favorisant la diffusion et la protection de la creation sur l’Internet).

Called The French law on Creation and Internet – contracting for surveillance it asks the question whether the new law will usher in a new era of electronic surveillance. This is the law which will support graduated response / 3 strikes measures. The paper  summarises the key elements of th law. Peer-to-peer downloads and user-generated content sites will be monitored for potential breaches of copyright - this is self-evident, it is the only way that the rights-holders can collect the evidence. Web surfing records will have to be trawled to link the user to the alleged infringing content - again, this is the only way it can be done. And people at home will have to have a form of self-imposed surveillance, in order to stay within the law, although it is not yet totally clear how this is envisaged to operate. But it will all be in their contract with their Internet Service Provider - and although not well understood, the contract is the mechanism for implementing  the law.

You can read the paper by downloading it here.

You are free to use it or to quote from it, provided that you attribute me as the author.

Discussion of the new law in the French Senate brought forward to 29 October.

Reports in the French media are saying that the French government has brought forward the vote on graduated response in the Senate. It will now take place on 29 October instead of 18 November as originally scheduled.

 

The new date gives less time for public debate on the law, which, it is claimed, contravenes  European law.   In particular, it goes  against the review of telecoms law as voted recently in the European Parliament ( Telecoms Package).

The European Commission  is expected to give its view on the compatibility issue on 23rd October.  The commission can block a member state from adopting a law if that law is in conflict with any proposed measures at European level.

 

It is also becoming evident that the French government will use its power as President of the EU, to attempt to eradicate the measures opposing graduated response, as voted in the European Parliament on 24 September for the  Telecoms Package.

 

Silicon.fr  

 

Echos du Net  

 

Le Monde Informatique  

 

Liberation 

 

 

 

Read more: French government to bulldoze through 3-strikes law

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States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

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" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk

Find out more about the book here  The Closing of the Net

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Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

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Iptegrity.com is the website of Dr Monica Horten. She is  a trainer & consultant on Internet governance policy, published author& Visiting Fellow at the London School of Economics & Political Science. She served as an independent expert on the Council of Europe Committee on  Internet freedom. She has worked on CoE, EU and UNDP funded projects in eastern Europe and beyond.  She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy (and now Brexit). Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

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The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review