Whatever you might have thought of his policies, Nicolas Sarkozy probably had more impact on European copyright policy than any other EU politician. He consciously tried to the lead the way in bringing in more extreme copyright enforcement, most notably with the "three strikes" HADOPI law.
Nicolas Sarkozy, who hopes to be re-elected as French President this year, seems to have little love for the Internet. At best, he regards it as a "Wild West" that needs taming. Despite that, Sarkozy joined Twitter last week -- you can follow him @NicolasSarkozy. Posts are mainly written by his re-election team, although there seem to be a handful of personal tweets (marked "NS"). But at least he's finally engaging with the new medium on its own terms.
Nicolas Sarkozy, the President of France, has the sad distinction of being in the vanguard when it comes to really bad ideas concerning the Internet. On his initiative, France became the testing-ground for the three-strikes approach of throwing people off the Internet upon multiple accusations of copyright infringement, without the need for proof or a court order, known there as HADOPI. He also helped put into circulation a view that is much in vogue at the moment:
Earlier this week Techdirt reported on the surprisingly forthright statements of Neelie Kroes concerning the failure of the copyright system in the digital world. She made her remarks at the Forum d'Avignon in France, which was about "strengthening the links between culture and the economy".
Curious stuff coming out of France:“By defending copyright I do not just defend artistic creation, I also defend my idea of a free society where everyone’s freedom is based on respect for the rights of others. I am also defending the future of our culture. It is the future of creation.”
Er, sorry, mon brave, you seem to have forgotten that copyright is a monopoly: as such, it's antithetical to freedom. Indeed, it *takes away* the freedom from all those it is imposed upon, which is practically the entire population of the world. Artists create irrespective of copyright - they have to, because of an inner urge, not because copyright says they get a monopoly.
And as for the "future of our culture", you obviously don't understand that it is inextricably bound up with *past* culture. If it can't build on what everyone has created before, just as they did - and copyright makes this increasingly difficult - your culture won't have any future.
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One of the things I have been unable to understand is why the French, well known for their love of liberté, égalité, fraternité and all that jazz, seem hell-bent on getting rid of large chunks of said liberté in the digital sphere.
I refer, of course, to the infamous HADOPI law, which aims to deprive French citizens of their Internet connection purely on the say-so of French media companies. Doesn't sound like much égalité, fraternité there, does it? That's bad enough; but it seems that this bad legislation is leading to even worse knock-on consequences.
For example, it's emerged that the Head of the Web Innovation Centre for the French television company TF1 was fired for daring to write to his MP to express his opposition to the HADOPI law. Here's a good summary of what happened:Yesterday’s Liberation carried a detailed report on the dismissal of a TF1 (Télévision française 1) employee for having expressed his opposition to the law. TF1 is a private TV network, whose boss Martin Bouygues is a close friend of Sarkozy. Jérôme Bourreau-Guggenheim was employed there in the web innovation unit. In February he wrote a personal mail to his MP, Françoise de Panafieu (UMP), expressing his opposition to the law and outlining his reasons as well as explaining his involvement in the sector. At the beginning of March he was summoned by his boss at TF1 online, Arnaud Bosom, who read his letter back to him, verbatim. Bosom explained that the letter had been forwarded to TF1’s legal adviser, Jean-Michel Counillon, by the Ministry of Culture! In April he was summoned to a disciplinary meeting and was sacked on April 16th.
Note that this was a personal opinion, expressed from home, and yet he lost his job because one of the strongest supporters of Sarkozy's drive against file sharing, Martin Bouygues, seems to think he has the right to tell his employees what to think, even outside work.
That's clearly outrageous, and I imagine that TF1 will regret the storm of protest it has provoked, and that maybe even a politician or two will find themselves in trouble. But other side-effects are more subtle – and more insidious.
The same site that carries the post about the TF1 sacking has this useful explanation of another knock-on effect of HADOPI:An element of Hadopi which hasn’t received much or enough attention as yet, is a section which specifies steps that can be taken by computer users to ensure that they will not be found liable under the new regime. The following is a rough translation of the relevant sections, taken from the text of the law in its current state, as found here. Bear with me, it is torturous, some explanatory notes are added in bold…
« Art. L. 331-30. – After consultation with those developing security systems designed to prevent the illicit use of access to a communication service to the public online (internet!), or electronic communications, people whose business it to offer access to such a service as well as those companies governed by title 2 of the book (Intellectual Property Code) and rightsholders organizations (ie SACEM etc), the High Authority will make public the pertinent functional specifications that these measures must comprise so as to be considered, in its eyes, as valid exoneration of the responsibility of the access subscriber (internet user!) as defined in article L. 336-3.
At the end of a certified evaluation procedure, and taking into consideration conformity with the specifications set out in the previous paragraph and their effectiveness, the High Authority will issue a list certifying the security software whose use will validly exonerate the access holder (internet user!) from their responsibility under the terms of article L. 336-3. This certification will be periodically revised.
Mmmh. So what the law intends is to set up a meeting between security software vendors, antipiracy organizations and ISPs to decide what software you need to install on your machine, so that they can be sure that you behave yourself. If you don’t fancy installing their device, then you’ll just have to swallow any liability consequent to someone else using your machine or accessing your connection.
Now, one aspect not evident from the legalistic mumbo-jumbo above is that this spyware may well not support GNU/Linux:
The Assembly also postponed a handful of amendments that sought to exempt the subscriber if the system is not interoperable with software security, with the first assumption that it uses a system that is too old. An "old" Windows with expensive software installed on, for example. Or a free software ...
An amendment sought to nip in the bud the potential for discrimination technological and financial background of interoperability ( "the means of secure, freely available to consumers, are interoperable). But again, it was rejected by the rapporteur implacably Franck Riester and the Minister of Culture, Christine Albanel.
Now, normally I would assume that good sense would prevail, and that this casting into the outer darkness of GNU/Linux users would be rectified by those rational French people (after all, France is one of the biggest users of free software in the world). But given the rampant insanity that has broken out around HADOPI, I'm no longer confident that is the case. Instead, I fear that France is about to consign itself into the digital dark ages. Quel dommage.
Follow me @glynmoody on Twitter or identi.ca.
What a travesty of democracy:Alors que le vote n'était pas prévu avant la semaine prochaine, les quelques députés présents à l'hémicycle à la fin de la discussion sur la loi Création et Internet ont été priés de passer immédiatement au vote, contrairement à l'usage. La loi a été adoptée, en attendant son passage en CMP puis au Conseil Constitutionnel.
On peine à en croire la démocratie dans laquelle on prétend vivre et écrire. Après 41 heures et 40 minutes d'une discussion passionnée sur le texte, il ne restait qu'une poignée de courageux députés autour de 22H45 jeudi soir lorsque l'Assemblée Nationale a décidé, sur instruction du secrétaire d'Etat Roger Karoutchi, de passer immédiatement au vote de la loi Création et Internet, qui n'était pas attendu avant la semaine prochaine. Un fait exceptionnel, qui permet de masquer le nombre important de députés UMP qui se seraient abstenus si le vote s'était fait, comme le veut la tradition, après les questions au gouvernment mardi soir. Ainsi l'a voulu Nicolas Sarkozy.
...
Quatre députés ont voté non (Martine Billard, Patrick Bloche et deux députés non identifiés), et une dizaine de mains se sont levées sur les bancs de la majorité pour voter oui. En tout, 16 députés étaient dans l'hémicycle au moment du vote.
[Via Google Translate: While the vote was not expected until next week, the few members in the chamber at the end of the discussion on the Creation and Internet law were invited to proceed immediately to vote, contrary to custom.The law was passed, until it passes then CMP in the Constitutional Council.
It is difficult to believe in democracy in which we aim to live and write. After 41 hours and 40 minutes of passionate discussion on the text, there remained only a handful of courageous members around 22:45 Thursday evening when the National Assembly decided, on the instructions of the Secretary of State Roger Karoutchi to pass immediately to vote on the Creation and Internet law, which was not expected before next week. One exception, which allows you to hide the large number of UMP deputies who would have abstained if the vote had been, as tradition dictates, after the government issues Tuesday night. Thus wished Nicolas Sarkozy.
...
Pack is voted. Four members voted no (Martine Billard, Patrick Bloche and two unidentified deputies), and a dozen hands were raised on the banks of the majority to vote yes. In all, 16 MPs were in the chamber for the vote.]
So one of the most important, and contentious piece of legislation in recent years is passed by trickery. In this way, those pushing this law have shown their true colours and their contempt for the democratic process.
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Hm, looks like bad news from the Czech Republic:Die tschechische EU-Ratspräsidentschaft hat sich für die kommenden sechs Monate auch auf den Gebieten der IKT und Bürgerrechte viel vorgenommen. Beim Schutz des "geistigen Eigentums" und der Neuordnung des EU-Telekommunikationsmarkts wollen die Tschechen auf der Vorarbeit der Franzosen aufbauen.
Die EU hat 2009 zum Europäischen Jahr der Kreativität ausgerufen. Dass es dabei auch um den Schutz des "geistigen Eigentums" geht, versteht sich von selbst.
So hat die tschechische EU-Ratspräsidentschaft in ihre Prioritätenliste für die kommenden sechs Monate unter dem Punkt "Entfernung von Handelsbarrieren" auch das umstrittene Anti-Piratierie-Abkommen ACTA aufgenommen, das derzeit hinter verschlossenen Türen von EU-Kommission, US-Unterhändlern und Vertretern weiterer wichtiger Industriestaaten ausgehandelt wird.
[Via Google Translate: The Czech EU presidency has opted for the next six months also in the areas of ICT and Citizens' lot. As regards the protection of "intellectual property" and the reorganization of the EU telecommunications market to the Czechs on the preparatory work of the French build.
The EU has 2009 at the European Year of Creativity exclaimed. That it will also ensure the protection of "intellectual property" goes, goes without saying
Thus, the Czech EU presidency in their list of priorities for the coming six months, under the item "Removal of trade barriers", the controversial anti-Piratierie ACTA agreement, which is currently behind closed doors of the EU Commission, U.S. negotiators and representatives of other major industrialized countries will be negotiated.]
And as if intellectual monopolies and ACTA weren't enough:
"Die tschechische Ratspräsidentschaft wird auf ihrer aktiven Kooperation mit der französischen Ratspräsidentschaft aufbauen", heißt es dazu im Arbeitsprogramm aus Prag. Man werde sich um einen Kompromiss zwischen den Positionen des Rats und des Parlaments bemühen. Nur Österreich und Dänemark hatten sich auf der Ratssitzung im November dafür ausgesprochen, Zusatz 138 in der Universaldienstrichtlinie zu behalten. Der französische Vorsitz sorgte dafür, dass der Zusatz in der endgültigen Fassung entfernt wurde.
["The Czech presidency is at its active cooperation with the French Presidency Building," puts it in the work program from Prague. It will be a compromise between the positions of the Council and Parliament endeavor. Only Austria and Denmark had to the Council meeting in November, called for additional 138 in the Universal Service Directive to keep. The French Presidency has ensured that the addition in the final version has been removed.]
And to round things off:Weit oben auf der Agenda der tschechischen Ratspräsidentschaft steht auch das Thema Kinderschutz und Internet. Zu diesem Thema soll es informelle Ministertreffen in Prag geben; auch hier wollen sich die Tschechen eng an die Vorarbeit der französischen Regierung halten.
[High on the agenda of the Czech presidency is also the issue of child protection and the Internet. On this issue, should it informal ministerial meeting in Prague type; also want the Czechs closely the preparatory work of the French government hold.]
This could be bad, people: start preparing the pushback.
There's nothing like a mature, balanced view of the world:
2009, Go China!
Lead: Snowstorm, freely falling down to earth, like western values
Lead: Despair fills the sky, ice covers the earth
Lead: Did China retreat?
All: No. The Olympics were a success! We are victorious!
Lead: Hot blood and iron will of Chinese people, lighten up the dark world like burning the holy flame
All: The rivers and mountains, ever more colorful and beautiful
Lead: Earthquakes, shifting back and forth like the positions of Sarkozy, with his dirty tricks, trying to shake the great China
Lead: Did China retreat?
All: No. The Shenzhou-7 launched. We are victorious!
Lead: Pathetic Europe will never stop the insurmountable force of our great dynasty
All: Just the aftershocks from the earthquake would destroy France!
But wait - there's more.....
Wow. I was convinced that the meeting of EU culture ministers yesterday was going to end badly; I was wrong - and I take my virtual hat off to them:EU culture ministers yesterday (20 November) rejected French proposals to curb online piracy through compulsory measures against free downloading, instead agreeing to promote legal offers of music or films on the Internet.
The EU Culture Council pushed yesterday (20 November) for "a fair balance between the various fundamental rights" while fighting online piracy, first listing "the right to personal data protection," then "the freedom of information" and only lastly "the protection of intellectual property".
The Council conclusions also stressed the importance of "consumers' expectations in terms of access […] and diversity of the content offered online". No mention was made of a gradual response to serial downloaders of illegal cultural material, as foreseen by the French authorities.
I think this is very significant, because it indicates that the culture ministers and their advisers are beginning to understand the dynamics of the Net, that throttling its use through crude instruments like the "three strikes and you're out" is exactly the wrong thing to do, and that there are serious issues to do with freedom of information at stake here that cannot simply be brushed aside as Sarkozy and his media chums wish to do.
Judging by the generally sensible tone of the meeting's conclusions, the optimist in me starts to hope that the tide is finally turning. However, I do wonder whether this saga is finished yet, or whether the Telecoms Package still has some teeth that it can bare....
Update: Following up that thought, here's a letter I've sent to the relevant UK ministers who will be involved in a crucial meeting on the Telecoms Package this week (24/11/08).
“They order, said I, this matter better in France.” So wrote Laurence Sterne in his 1768 book A Sentimental Journey Through France and Italy. Alas, things have changed much since then, at least as far as the Internet is concerned. In the light of recent events, now he would we have to say: they order this matter worse in France. Even more unfortunately, France's bad habits are spreading, and could have serious consequences for free software....
On Linux Journal.
What on earth have the French got against the Internet? First the "three strikes and you're out", and now this:
The Soviet Internet where all software that runs on the internet needs to be certified by the State has arrived in France. The rapporteur over the law Hadopi (Internet and Creations) in the French Senate, Mr Tholliere (UMP, same party as Sarkozy), is proposing that all software running on the internet should have a stamp from the State in order to be legal.
I blame that Sarko, myself.
...that Sarkozy chap:
Nicolas Sarkozy announced yesterday that he faxed on Friday evening to the President of the Commission (news piece in French), Jose-Manuel Barroso, and asked him to reject the Bono/Cohn-Bendit/Roithova amendment recently adopted by 88% of the voting Members of the European Parliament. Such an initiative from Mr. Sarkozy is testimony to his deep concern: the College (the Commission as a whole) does not seem to be ready to reject the amendment. As I already analyzed, this amendment did not modify the orientation of the Commission proposal, it only provided a needed reminder of some fundamental rights and needs of due process in face of tentatives from a few interest groups and the French presidency to weaken them.
Can't have any of that revolutionary democracy stuff in Europe, can we Sarko old boy....?
Update: Take that, Sarko.
So the music and film industries want to follow Sarko's daft plan:People who illegally download films and music will be cut off from the internet under new legislative proposals to be unveiled next week.
Internet service providers (ISPs) will be legally required to take action against users who access pirated material, The Times has learnt.
Users suspected of wrongly downloading films or music will receive a warning e-mail for the first offence, a suspension for the second infringement and the termination of their internet contract if caught a third time, under the most likely option to emerge from discussions about the new law.
Broadband companies who fail to enforce the “three-strikes” regime would be prosecuted and suspected customers’ details could be made available to the courts. The Government has yet to decide if information on offenders should be shared between ISPs.
Well, if they want three strikes and out, try these for size:
Strike One
The music and then film industries failed to recognise that digital downloads were the future. Instead of embracing this incredibly efficient way of distributing content, the industries have fought it tooth and nail. Since there was no legal way to download materials, users were forced to turn to alternative sources.
Strike Two
When it became blindingly obvious that users wanted digital files, the media industry eventually provided them - in the hideously hobbled form of DRM'd formats. Which meant, once more, that people who wanted content that they could use on all their computers and players were forced to turn to other sources.
Strike Three
The present move. Leaving aside the civil liberties angle - the fact that ISPs become the media industries' spies - and that the UK government proposes propping up a dying business model for no other reason than the said industries demand it, even when there is evidence that sharing music *increases* sales of media - it won't work. The instant this becomes law, the number of sites offering encrypted downloads, which are impossible to check in transit, will mushroom, just as decentralised P2P systems sprang up once Napster was nobbled.
The upside is that average user will probably start using encrypting routinely, thus putting the kibosh on Echelon's easy access to everyone's Internet traffic.
Update: Moreover:UK government proposals to make ISPs take action against the estimated six million users who access pirated online material every year could prompt an explosion in Wi-Fi hijacking, experts warned today.
You can't help wondering whether Sarkozy's chanteuse missus had something to do with this one:Taking a position contrary to that of the British Government, the French President is to fight for an extension to the 50-year period under which musical recordings are protected by European copyright.
Particularly annoying is this comment:Mr Sarkozy, who loads his iPod with Hallyday and Elvis for his jogs in the Bois de Boulogne, will make copyright extension a priority for France's six-month turn in the European Union presidency, which starts in July.
Christine Albanel, the Culture Minister, has already asked the European Commission to do the groundwork.
“Today, whole swaths of the recording catalogue of the 1950s and 1960s, representing a significant part of the national pop heritage, are falling progressively into the public domain,” she said.
What this neglects to take into account is the fact that falling into the public domain is a gain for the public - and hence the actual moment when it becomes part of the "national pop heritage" - and that the gain vastly outweighs any minimal effect it has on ageing rockers' royalties. Unfortunately, with this action, as with others (including the "three strikes and you're out" approach to fighting filesharing), Sarkozy shows himself to be an old man - however young his new wife may be.
When the Gowers review of copyright in the UK came out I was ambivalent: there was some good things, but also areas that were potentially problematic, notably in terms of one-side strengthening copyright enforcement. One year on, it looks like my fears were justified:
If enforcement and flexibility are two sides of the same coin, then one year on it looks like the toss has definitely gone to enforcement. This means that Government is in effect making the situation worse: concentrating on strengthening enforcement measures while failing to address the inherent inflexibility of copyright law that Gowers identified as a key factor in the general public’s disrespect for the law.
Given what is happening in France, with its idiotic "three strikes and you're out" approach - this isn't a game, you know - and the fact that the UK industry is beginning to salivate at the prospect of bringing in something similar here, this is not good.
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