NSA Spying Fallout Hits French Satellite Deal

Techdirt has already noted how the NSA's massive spying programs around the world are costing US companies money through lost business -- and are likely to cost them even more in the future. But it seems that the fallout is even wider, as this story from The Voice of Russia makes clear: 

On Techdirt.

French Farce: Hadopi's First And Only Suspension Has Been Suspended

Back in June we wrote about Hadopi's first and only successful disconnection case. As we also noted then, in the wake of its abject failure, Hadopi was being dramatically curtailed. In particular, disconnection is no longer available as a punishment for those alleged to have downloaded files without authorization. 

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Russia's Latest Idea: An Internet Whitelist For Copyright Materials

Now that Sarkozy has been thrown out of office, France is no longer producing the steady stream of bad proposals for the Internet that it once generated. That has left an opening for some other country to take its place, and it seems that Russia is keen to pick up where Sarkozy left off. We've been reporting on previous worrying developments there, and TorrentFreak has news on another one: 

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First French File-Sharer Sentenced To Disconnection Under Hadopi; But Judgment May Be Unenforceable

As we've noted before, Hadopi has been a colossal failure on just about every metric, and now seems on the way out. But French taxpayers' money is still being wasted on the scheme, which continues to send out huge numbers of warnings. Ironically, given its imminent demise, Hadopi seems to have finally claimed its first disconnection victim, as PC Inpact reports (original in French.) The person involved has been sentenced to disconnection for 15 days, and must pay a €600 fine. Strangely, it seems that he or she shared only a couple of works, so even that brief period seems harsh. However, there is still scope for an appeal, so the sentence is not yet definite. 

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French Politician Wants To Limit How Cheaply Companies Can Sell Goods Online Compared to Physical Shop Prices

A couple of weeks ago, Techdirt wrote about a store that was trying to charge customers $5 for "just looking", because it felt that many people were merely inspecting goods there before then buying them online. Guillaume Champeau points us to a French politician who is also worried about the same problem, and hasproposed modifying the law governing commerce to deal with it (original in French). Here's the politician's explanation in the preamble of why it is needed:

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French Intelligence Agency Forces Wikipedia Volunteer to Delete Article; Re-Instated, It Becomes Most-Read Page On French Wikipedia

Last week, we wrote about an organization that was unhappy that a Wikipedia article no longer existed. Now we have the opposite problem: an organization unhappy because a Wikipedia article does exist. And not just any organization, but the "Direction Centrale du Renseignement Intéieur" (Central Directorate of Interior Intelligence, DCRI), a French intelligence agency, which suddenly decided that an article about a military base contained classified information, and wanted it deleted. As the English-language Wikipedia article on the subject explains:

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French Politicians Worry That Free Creative Commons Works Devalue 'Legal' Offers

As Techdirt noted last year, France has a regrettable habit of dreaming up really bad ideas when it comes to the Internet, most famously with the three-strikes scheme, now known there by the name of the body the oversees it -- Hadopi. Guillaume Champeau points us to a piece in the French newspaper Libération, which contains yet more appalling possibilities (original in French). 

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France Considers Operating System-Level Filtering

Long-time readers will remember the appalling way in which the UK's Digital Economy Act was brought in - with no research, no debate, and no democracy. At its heart lies the infamous "three strikes" idea: if you are alleged - not proved, but merely alleged - to have shared files online on three occasions you will be subject to some punishment. Originally that was cutting off your hand, er, your Internet connection, but as the discussions over implementing this unjust and punitive law have dragged on, it's become less clear how it will actually work.

On Open Enterprise blog.

Europe's 'Database Right' Could Throttle Open Data Moves There

One of the more benighted moves by the European Union was the introduction of a special kind of copyright for databases in 1996: not for their contents, but for their compilation. This means that even if the contents are in the public domain, the database may not be. Thanks to a recent court judgment in France, this "database right" now threatens to become a real danger for the burgeoning open data movement in Europe (original in French). 

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French National Library Privatizes Public Domain Materials

Copyright is sometimes described as a bargain between two parties: creators and their public. In return for receiving a government-backed monopoly on making copies, creators promise to place their works in the public domain at the end of the copyright term. The problem with that narrative is that time and again, the public is cheated out of what it is due. 

On Techdirt.

France, Cradle Of 'Three Strikes' Punishment, Explores Another Bad Idea: Killing Net Neutrality

Not content with giving the world the "three strikes" approach to copyright enforcement, France has recently shown signs of wanting to undermine one of the Internet's foundations: net neutrality. This has come about as a consequence of the French ISP Free's decision to block ads on its service. As Mike noted, this was essentially an attempt to persuade Google to pay the ISP an extra fee to carry its traffic, even though Free's customers already do that. That was resolved, at least for the moment, when France's Digital Economy minister Fleur Pellerin stepped in and persuaded Free to restore the ads. 

On Techdirt.

Study Shows Educational And Social Harm 'Three Strikes' Punishment Would Cause Young People

One of the extraordinary aspects of the "three strikes" approach to copyright enforcement is its blind vindictiveness. After three or so alleged acts of infringing on copyright, it's not one individual that's punished, but the entire household that depends on the family Internet connection in question, irrespective of the personal situation of those affected. This kind of collective punishment is something that is regarded as abhorrent in other contexts, but the power of the copyright industries is such that several governments around the world followed the French lead and introduced precisely this kind of scheme, and to hell with the damage it might cause to innocent and vulnerable people caught up in it. 

Techdirt.

French Hadopi Scheme Gutted; Other Bad Ideas To Be Introduced Instead

France's Hadopi graduated response approach, also known as "three strikes", occupies a special place in the annals of copyright enforcement. It pioneered the idea of punishing users accused of sharing unauthorized copies of files, largely thanks to pressure from the previous French President, Nicolas Sarkozy, who seems to have hated most aspects of this new-fangled Internet thing. Sadly, other countries took up the idea, including the UK with its awful Digital Economy Act, New Zealand, Spain and, more recently, the US. 

On Techdirt.

Early-Morning Raid Sent To Confiscate 9-Year-Old's Winnie The Pooh Laptop For Downloading Music

One of the biggest problems with the current approach to dealing with alleged copyright infringement is the totally disproportionate nature of the action undertaken in response to it. The "three strikes" collective punishment of households that is available in France, New Zealand and South Korea is one example of this. From Finland, we learn about another completely over-the-top action: 

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Recording Industry Rep Suggests Parents Should Slap Their Children To Stop Piracy

One of the many problems with the "guilty until proven innocent" approach to tackling unauthorized filesharing is that it's not clear exactly who should get the punishment. For example, in France, we saw someone convicted not for infringement that he had committed, but something his then-wife had done and even admitted. And it's not just spousal activity that is problematic, as TorrentFreak reports in this interesting case from Germany: 

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The French Pigeons Are Revolting -- And That's Good

One of the reasons the copyright lobby has been able to get so far with Net-hostile legislation like SOPA/PIPA and treaties like ACTA and TPP is that the companies affected adversely -- both big Internet players and smaller startups -- have failed to make their voice heard effectively. That's finally starting to change, as Google ramps up its lobbying efforts, and Net entrepreneurs start to get organised. 

On Techdirt.

French & German Courts Disagree Whether Internet Companies Need To Filter

Recently, Techdirt reported on the ruling by a German court on the issue of filtering -- whether Internet sites have a responsibility to block files continually if they have been notified about infringing materials once, sometimes called "Notice and Stay Down". The German court basically said they do, but the highest French court has taken a different view (French original.) 

On Techdirt.

Should There Be A Right To Copyright Exceptions?

Last month I wrote about how the Netherlands is looking to introduce new flexibilities into its copyright laws, based on some interesting research on copyright exceptions. There must be something in the air, because a wide range of other groups are contemplating exactly the same approach. 

On Techdirt.

One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net

The governmental body that oversees France's "three-strikes" law, HADOPI, has already been caught once infringing on the copyright of others -- by using a logo designed with unlicensed fonts. Now it's been spotted using photographs without respecting the so-called "moral rights" of the photographer, which include the right to attribution (French original), absent on HADOPI's site. Such moral rights are taken very seriously in France, where they are automatic, perpetual and cannot be waived (unlike in some other jurisdictions, such as the United Kingdom.) 

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Do You Need Permission To Take A Photo With A Chair In It? You Might In France...

The British Journal of Photography (BJP) brings us yet another story of aggressive assertion of copyright wreaking harm on artists -- the very people it allegedly empowers. It concerns some photos in Getty Images' stock library that have chairs in them. Because a few of those chairs are "famous" in the sense that they were produced by a couple of designers that worked with the architect Le Corbusier, the heirs of those designers, together with the Le Corbusier Foundation, have sued Getty Images in France for copyright infringement -- and won: 

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