[pp.int.general] [Fwd: Re: [iindep-hub] News from France (and elsewhere)]

Ricardo Cristof Remmert-Fontes rcrf at vorratsdatenspeicherung.de
Sun Mar 16 22:37:38 CET 2008


fyi

-------- Original-Nachricht --------
Betreff: Re: [iindep-hub] News from France (and elsewhere)
Datum: Sun, 16 Mar 2008 01:59:53 +0100


> The french govt is still workin on the Olivennes Bill, the last release 
> must be v7 or v8. French ISP are negotiating the bill underground with 
> the gov.
> We might have a new ministry after the elections of this weekend: The 
> Department of the digital economy. Some names are already circulating in 
> the press
> 
> France is also promoting the Olivennes repression at the EU level: can 
> anyone confirm that in Brussels? Who does what, where?

Bono and Graca Moura reports are on vote 9 April:

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+AGENDA+20080409+SIT+DOC+XML+V0//EN

Amendments with filtering are expected to be retabled.

> Last info: it seems that the swedish ministery of justice is hard 
> fighting against the importation of the Olivennes Bill in Sweden: Erik, 
> do you have more information about that?

Message below copied from a mail from Roger Wallis (Professor
(Multimedia) Dept of Media Technology & Graphic Arts School of Computer
Science and Communication Royal Institute of Technology (KTH). I don't
know if this is also public:

"The Swedish govenment has NOT bought the proposal from a study
(Rehnström) that recommended that ISPs should disconnect those who
download "illegally" from the Net (like the French proposal). The
minister of justice and the minister of culture have jointly stated that
such an approach is not practical in modern society where Internet
access is a prerequisite for so much else. This follows a lot of
pressure in the public debate from myself and others in the National IT
Advisory Board, , as well as the Bar association, the data security
inspectorate etc.

They will however allow rightsholders to go to court and present
"evidence" of illegal downloading - the court can then decide whether or
not an ISP must provide details of who used a specific IP number. THe
ministers do not say what methods rights holders can/cannot use for
collecting such evidence! If this happens then ISPs are bound to inform
the individual concerned that such a request has been made/approved by a
court (rather like the system with credit enquiries in Sweden where
copies of infomration given to credit card companies must be sent to the
individual concerned).

The ministers also write in a statement that " copyright law must not be
used to defend old busines models" and that the film/music industry must
provide alternative legal services which differ as litte as possible
from illegal variants" (open to interpretation!!)

No move on a flat rate, but a tiny start towards sanity. Sadly the
ministers refer to this as  major support for creative individuals .
Individual creators/artists  will probably see little or nothing of any
pecuniary rewards - all will go to the major media companies and/or
their trade organisations (this has been the case with all other legal
actions).

Thr courts will now have to decide what constitutes a major breach of
IPR law - if they define this in terms of "illegal commercial
activities", then the days of the IFPI/MPAA randomly chosing individuals
who have one or two films/songs on their computer, involved in
"non-commercial private copying/sharing"  will possibly be over."


> 
> and: Big Brother Awards France 2007 next friday .... :-) we will 
> translate the press releases
> http://bigbrotherawards.eu.org/
> 
> PS: an interesting unclassified OCDE document about RFID:
> <http://www.olis.oecd.org/olis/2007doc.nsf/LinkTo/NT00005A7A/$FILE/JT03238682.PDF>

Viele Grüße/Best regards,
Ricardo Cristof Remmert-Fontes

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