França - DRM nos Limites

[Horus-Anhur]

wired

PARIS -- France may be about to introduce the most draconian anti-piracy laws yet.

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.

French legislators are also calling for three-year jail sentences and fines of 300,000 euros for illegally copying music, video or any other copyright-protected files.

The language of the proposal reflects lobbying pressure from French media giant Vivendi Universal and other recording industry interests, said Loic Dachary, founder of the eucd.info watch group and treasurer of The Free Software Foundation in France.

Techreport:

I've been watching this issue for a few weeks to see how it'd develop. Today and tomorrow, the French Parliament will debate and vote on a bill known as the DADVSI. In theory, the DADVSI is supposed to bring French copyright law into synch with the EU's recently-passed copyright directive. In reality, however, the DADVSI goes much farther than any current law on the books anywhere, including our own beloved DMCA. If DADVSI passes in its current form, software manufacturers will be required to include DRM software in all software products—not merely those created or intended to facilitate copying data. Furthermore, it will be possible to sue software developers if their products end up being used to distribute content or data illegally, regardless of the intent of the original product.
Put another way, the DADVSI doesn't just mandate the inclusion of DRM, it holds the software developer directly responsible if that DRM is broken and the program is used to distribute content illegally, no matter how innocent or legitimate the original use might be. Jail sentences, fines of up to 300,000 Euros, and forcing ISPs to shut down pirates are some of the penalties.

At one point, French groups SNEP and SCPP (essentially the French version of the RIAA) were quoted as having told free software authors:

"You will be required to change your licenses." SACEM add: "You shall stop publishing free software," and warn they are ready "to sue free software authors who will keep on publishing source code" should the "VU/SACEM/BSA/FA Contents Department"[1] bill proposal pass in the Parliament.
The Wired article referenced above briefly dismisses this possibility, saying "Contrary to news reports earlier this month, France is not expected to try to make open-source software illegal." I've not been able to find more information on that particular point, but it's not hard to see how the DADVSI would have a massive impact on all software development in France, including open-source. Hopefully the French Parliament tosses out this proposal out—if they don't, the DMCA is going to look positively friendly by comparison.

Um resumo das medidas:

Copyfighters in France have published a detailed alert in French; what follows is a loose, machine-assisted translation (substantive corrections gladly sought):

* A prohibition on all software that permits transmission [disposition is unclear without greater context] of copyrighted material that does not integrate both a watermark and DRM
* A prohibition on marketing or advertising such software
* These prohibitions include legal sanctions<
* DRM mandates for digital radio transmission
* A universal wiretapping system for private communication [This is defined elsewhere as a system to check for, say, music files attached to email messages, and not one that would violate the "secret of private correspondence".]
* Creation of a universal filering system for all ISPs

Á primeira vista pareçe um forte ataque contra a pirataria.....mas é bem capaz de ter implicações muito profundas. Levantando questões sobre o software livre e sobre a privacidade dos consumidores.

 

[Dragoneye]

No entanto parece que fazer download pra uso pessoal, sem partilhar é legal! (mas não por mt tempo), aquilo em frança deve tar uma confusão

Techdirt

France's Extremely Brief Experiment With Legalized File Sharing

Talk about an about face! Yesterday, we noted that France was considering a bill that would put file sharers in jail for three years, despite their courts saying personal file sharing was legal and musicians begging the industry to stop suing their fans. Late last night, we added a short update to that post, noting a story coming out that France had actually gone the other way (surprising just about everyone) and passed a nearly completely opposite amendment that said private, non-commercial file sharing was just fine (supporting the earlier court ruling). Today, more details are coming out, and it sounds like this move won't last very long. Amusingly, the apoplectic recording industry representative says: "The deputies used this vote to show their independence from the government, but they don't know what they are doing." First of all, we were under the impression that the French Parliament was the government -- and it seems pretty clear that they do know what they're doing, which is trying to send a message that the overreaching efforts of the industry are a problem. Of course, there's very little likelihood that this amendment stands. The actual vote was done late at night, with just a small number of the members of Parliament present. It's quite likely that the debate will be reopened today, and the amendment ditched -- and then we'll be back to talking about prison time for music fans.

Slashdot

France to Legalize File Sharing

quenting writes "In the debate around the anti-piracy bill, the French Parliament voted yesterday into law an amendment to the DADVSI bill that allows free sharing of music and movies over the internet, considering the downloaded files as a private copy. This decision goes against the French government and the music industry's recommendations, who argue the deputies only wanted to show their independence from the government. The initial bill's detractors who pushed for this amendment want a tax for author rights to be paid by everyone on the ISP fees." The French government has vowed to fight this decision (babelfish link).