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Government The Internet News

Europe Rejects Plan To Criminalize File-Sharing 291

Lineker points out a report that the European Parliament has rejected plans to criminalize file-sharing by private individuals. The amendment to remove the anti-piracy measures passed by a vote of 314-297. The decision is expected to influence how France, with its strict anti-piracy polices, approaches this issue when it assumes the EU presidency later this year. From InfoWorld: "France's so-called Oliviennes strategy to combat copyright abuse includes a 'three strikes and you are out' approach: Offenders lose the right to an Internet account after being caught sharing copyright-protected music over the Internet for a third time. The report is significant because it 'signifies resistance among MEPs to measures currently being implemented in France to disconnect suspected illicit filesharers,' the Open Rights Group said in a statement.
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Europe Rejects Plan To Criminalize File-Sharing

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  • Re:RIGHT? (Score:4, Interesting)

    by Anonymous Coward on Thursday April 10, 2008 @09:45PM (#23031888)
    No, there aren't many of what we would call rights in France. Freedom of Speech for example. They couldn't have a Led Zeppelin day on the radio for example, since a fixed percentage of the music must be in French.
  • Re:RIGHT? (Score:2, Interesting)

    by electrictroy ( 912290 ) on Thursday April 10, 2008 @10:17PM (#23032076)
    It's difficult to please a french person. For example if you try to use their language, and don't get the accent quite right, then take it as an insult! (Most nations take it as a compliment that you at least tried.)
  • Hi, you seem to not have noticed the words "private individuals". Yes, they could release the software via filesharing, but then it would still be free (as in beer, not as in freedom obviously, but it doesn't make any difference..nobody from it except the end user who gets something for nothing). If, on the other hand, you start a business and sell that modified GNU software, which actually is a big deal, it stops being a private matter and you should (and will) be prosecuted for it.
  • Re:RIGHT? (Score:2, Interesting)

    by Anonymous Coward on Thursday April 10, 2008 @11:05PM (#23032350)
    To be honest? The French POPULOUS is great. It's the French GOVERNMENT (Or anybody in Paris with authority, really, be it perceived or genuine) that sucks. Most of the people of Paris I met were fantastic. It's the people who viewed themselves as 'in charge' that were complete assholes.

    And I mean that, unerringly, that was the case. It wasn't the case in Britain, nor in the Bahamas, nor Canada nor Mexico, nor America. But when I visited Paris? Every time I had to interact with a policeman or security guard or whatnot, they treated me like filth for simply existing.

    Is that enough reason?
  • by Anonymous Coward on Thursday April 10, 2008 @11:34PM (#23032546)
    Well, I say that it's a good thing that the value of copyright is weakened. Should escaped slaves be punished harshly to avoid weakening the value of "human property" (HP!) rights? Sure, if you like the existence of HP rights? But HP rights are disgusting and immoral, much like IP rights.

    Yes, I DO think copyright monopoly law is akin to slavery - it steals a little freedom from lots of people instead of all the freedom from one person. If you don't want stuff copied, don't fucking release it in the first place, that's fine by me.
  • by Mr2001 ( 90979 ) on Thursday April 10, 2008 @11:43PM (#23032620) Homepage Journal
    Multi-thousand dollar fines for sharing a handful of songs are "inadequate"? You must be joking.

    Increasing the penalties won't help, because the risk of incurring that penalty is still exceedingly small. The average file sharer is more likely to die in an accidental fall than to be caught infringing.
  • Re:RIGHT? (Score:2, Interesting)

    by Anonymous Coward on Friday April 11, 2008 @01:23AM (#23033054)

    well, technically we don't have "freedom of speech". freedom of speech is not mentioned anywhere in the charter of rights and freedoms.
    More significantly, the Charter specifically gives Parliament (and, to a lesser degree, provincial authorities) the power to pass laws that violate the Charter if they feel that it's important enough to do so (the "notwithstanding" clauses).

    Worse, the Charter is a law, passed by Parliament, as opposed to part of the Constitution (as in the US Bill of Rights). As such, it can be amended by Parliament at its whim, as opposed to having to go through the difficult Constitutional amendment process.

    Most countries are this way; rather than limiting the power of government to infringe your rights (as in the US), they define in law what your rights are. Many people, American and otherwise, fail to grasp this difference.

    For example, the US Second Amendment does not give Americans the right to own a gun; rather, it forbids the government from infringing upon the right of Americans to own a gun. Similarly, the US First Amendment does not give Americans freedom of speech or religion; rather, it forbids the government from passing any law that interferes with freedom of speech or religion.

    The Canadian Charter, on the other hand, grants rights (e.g., section 2 "fundamental freedoms" including freedom of speech), but then says in section 33 "that Parliament or the legislature of a province may expressly declare" that a law they pass overrides section 2.

    Similar situations are to be found in the UK, Australia, and other countries with parliaments (elected dictatorships). The citizens of these countries like to delude themselves that they are "more democratic" than the US, and that they are "more educated" than most Americans.

    Zimbabwe is an excellent example of how parliaments are not "more democratic"; an important part of a real democracy are checks and balances to prevent the people from voting in a dictatorship (and to allow the minority a veto over something that stomps on their rights). Similarly, the image of "ignorant American" typically comes from some rich airhead American kid on a foreign vacation; not at all representative of Americans, but since it fits the prejudice they go with it.
  • by drsmithy ( 35869 ) <drsmithy@nOSPAm.gmail.com> on Friday April 11, 2008 @02:36AM (#23033364)

    The biggest problem I find with civil penalty is that it can often be inadequate to act as a genuine deterrent.

    If a law requires a severe punishment to deter people from breaking it, then it's probably a bad law.

  • by TheDeivix ( 1090291 ) on Friday April 11, 2008 @02:57AM (#23033470)
    It's actually worrying to see that such extreme measures are even being considered, in the present and future world access to the internet is as necessary as access to electricity or water, how can the record industry make politicians even consider depriving people of such a vital mean for communication and access to information.

    Imagine telling your son that he cannot have a connection at home to do some research for school and educate himself because the government banned his parents in order to protect the interests of some greedy bastards, who the hell do these politicians work for?... i just hope the people remember who are the ones pushing these stupid laws the next time they go to vote.

    If the EU approved these laws they would all of a sudden have created millions of supposed criminals, it's nonsense!

    I am so happy that the record industry is dying, i invite every one to do it's part in rushing it's well deserved death.
  • spare us the sarcasm (Score:3, Interesting)

    by nguy ( 1207026 ) on Friday April 11, 2008 @04:10AM (#23033738)
    The right to an internet account? So, France supplies every citizen with an account until they've had three strikes?

    You have a right to have an Internet account, just like you have a right to contract with people for other goods and services.

    Taking that right away is a serious interference by the government in your personal rights, not to mention in the market. Taking that right away interferes with your ability to earn a living, participate in the political process, do banking, etc. It's not as serious as throwing you in jail, but quite serious nonetheless. And soon, it may actually be a worse penalty than house arrest.
  • Re:RIGHT? (Score:2, Interesting)

    by damaki ( 997243 ) * on Friday April 11, 2008 @04:54AM (#23033958)
    Dude, when I discuss in french with a foreign guy who does not seem to master this language, I do not pay attention to such things. I mean, for instance, if he says "Tu" instead of "Vous", it no problem. Only stupid people and grammar nazis see rudeness everywhere.

    About french and english, it is mostly that the majority of yound people does know some bits of english but speak so badly that they are ashamed of it and won't event try. Futhermore, they will probably not understand your accent if you do not speak really slowly and with reduced accentuation. Foreign languages education in France is absolutely terrible. We mostly get incompetent, french teachers instead of natives. Here stands the secret of the famous "french accent"

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