Just when France appeared like it was going to help consumers out by aiming to legalise online file sharing, some of the toughest anti-piracy laws yet have just been drafted in France that could put downloaders of copyright infringing content to jail and force certain software makers to add anti-piracy technology to its products for distribution within France. If software such as file sharing tools does not guard against unauthorised file sharing, the software makers could be held liable if users use its software for copyright infringement.
When it comes to unauthorised copying or downloading, users could face up to three years in jail and up to €300,000 in fines. To help curb unauthorised file sharing, ISPs may be required to disconnect accounts that are suspected of copyright infringement. The proposal aims to make France comply with the EUCD, however this proposal goes well beyond the EUCD's original version of criminalising copyright infringement. Vivendi Universal, the Business Software Alliance (BSA) and the Société des Auteurs et des Compositeurs de Musique all helped draft the text used in this proposal.
Unfortunately, this legislation proposal causes a serious problem for software developers as they would need to make sure their software complies with the anti-piracy enforcement where necessary just to make their software available in France, one of many EU countries. As a result, it will cost software makers more to deliver software to France if it means they have to fork out on extra costs on developing, implementing and testing these extra anti-piracy measures.
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Internet downloaders could face jail sentences and software makers may be required to add anti-copying technology to products distributed in France under draft legislation that's expected to go to a vote this week. A last minute fight over the bill broke out late Wednesday, when an amendment was introduced that would legalize peer-to-peer downloads instead of criminalizing them. The amendment is not final, however, and the bill's original intent is expected to be restored. The so-called emergency legislation would require software makers to include digital-rights management, or DRM, software in their products, according to a draft (.pdf) of the proposed legislation seen by Wired News. Software makers could be liable if their software is used for illicit purposes -- whether the software was designed for peer-to-peer networks or office intranets. |
What makes this proposal interesting is that it contradicts a recent bill proposed that would require the removal of copy protection restrictions if enforced. One purpose is to allow consumers to play music purchased from music download stores on any MP3 player and not just the ones the shop will authorise, such as remove the restriction iTunes has where its purchased music can only be played back on an iPod.
Feel free to discuss about file sharing and its legal issues on our Music Download, Peer to Peer (P2P) & Legal Issues forum.
Source: Wired News - Technology
i'm not familiar with france law.. but maybe any party can draft law, but introducing and getting it passed is another thing.
in the US, theres been some pretty rough laws proposed (worse then the existing ones), but they haven't survived the process.
same with Canada there was an article stating new copyright legislation was going to pass, but the fact of the matter was, we had a minority government, and nothing was really getting passed.
maybe anyone can draft legislation, its a whole new ballgame when something actually gets introduced and passed.
>>>Software makers could be liable if their software is used for illicit purposes -- whether the software was designed for peer-to-peer networks or office intranets.
Isn't that like saying the gun makers should be responsible if thier guns are used in a murder.
@Portmac
Yes it is saying the same thing. I am quite amazed someone hasn't used that argument before in an American court. You could also say that cars can be used to kill, or screwdrivers, hammers etc...
i did not know French was into this; better shout out before it's too late, French folks
enough with the French bashing-or any country/political trolling. Stay on topic
Sorry man, I wasn't making a political statement. No hard feelings? 
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