The Closing of the Net  "original and valuable"  Times Higher Education

The European Parliament has reneged on its previous position to protect users rights against  3-strikes/graduated response for  copyright enforcement with a vote endorsing the Gallo report.

To make matters worse, the French media has exposed  how the European Parliament was informed by questionable  rights-holder lobbying which included the name of at least one dead person. 

 

The  European Parliament has taken a backwards step, an U-turned on its former position which protected Internet users' rights. Instead - unbelievably -  it has voted in favour of  the  hard-line Gallo  report which wants to see criminalisation of copyright infringements and ISP liability for copyright. These are the kind of policies which the European Parliament is opposing  in the ACTA (Anti-counterfeiting Trade Agreement) and which it has previously opposed on several occasions over the past two years.

 The Gallo report is an 'own-initiative' report written by the French, centre-right MEP Marielle Gallo. It is not

 legislation, and has no legal standing.  However, it does seek to establish a policy position for the European Parliament and to send a message to the European Commission on future policy direction. It was adopted by 328 votes to 245.

 

 The report was pushed  by rights-holder lobbyists including Eurocinema, which sent in a petition signed by more than 100 film producers,   as revealed by the French technology website Numerama .

 

Numerama also uncovered further lobbying by the IFPI , the recorded music industry lobbying organisation,  which sent in a petition from 300 musicians.

This is interesting, because Eurocinema  and the IFPI were among the ring-leaders behind the rights-holder lobbying on the Telecoms Package.

The story this time, however, gets curiouser and curiouser. Numerama has been digging into the two petitions and claims that some of the names are of dead people or obviously false.  The French technology website claims that the IFPI list includes  the  well-known French singer Michel Sardou. Numerama finds this surprising since M. Sardou  has admitted in the French media that he downloaded a pirated film.

 

La Quadrature du Net points out that  around one third of the names in the Eurocinema petition are  Hungarian film producers,   including  the name of László Kovács who died in 2007 .

Assuming that these claims stand up, it would seem that the European Parliament has been misled rather easily. MEPs and their assistants should certainly look more closely at the rights-holder lobbying in future.

 The Gallo report is a retrograde move for   the European  Parliament after its efforts in 2009 to defend the rights of citizens.  In March 2009, the European Parliament voted in the Lambrinidis report which called for the protection of Internet users' fundamental rights, and it ditched the oppressive Medina report which called for graduated response.

 

And importantly, the European Parliament has gone against its own legislation. In 2009, it sought to embed in legislation a provision which would make it more difficult  for Member States to implement graduated response measures. This was the final agreement of 4 November 2009  in the Telecoms Package.

 

La Quadrature du Net points out in a press release that MEPs have failed to recognise how   the deliberately obscure language of the report disguises its  intentions . This is a consistent manoevure on the part of the copyright lobbyists,  who want to create confusion, knowing that graduated response and and similar measures are unpopular.

 

  This article is licensed under a Creative Commons Attribution Non-commercial-Share Alike 2.5 UK:England and Wales License. http://creativecommons.org/licenses/by-nc-sa/2.0/uk/ It may be used for non-commercial purposes only, and the author's name should be attributed. The correct attribution for this article is: Monica Horten (2010)Gallo report: European Parliament  U-turns on users rights  http://www.iptegrity.com 23 September 2010

 

 

 

 

 

 

The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

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Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

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Iptegrity.com is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. 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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