|
Friday December 22, 2006 |
|
In a case reminiscent of the CRIA file sharing litigation from 2004-05, a French court has ruled that privacy interests trump the rights of copyright holders to engage in aggressive investigative tactics. A court annulled a decision against an alleged file sharer after it was revealed that the rights holder traced the defendant's IP address and submitted it to the police. Moreover, it noted that the tactic could open the copyright holder to an invasion of privacy claim, which carries potential penalties of 300,000 euros and up to five years in prison. copyright, cria, france, p2p, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday December 22, 2006 |
|
|
Tuesday April 18, 2006 |
My weekly Law Bytes column (Toronto Star version, homepage version) uses the recent French Parliament law involving interoperability and Apple's DRM as the basis for a discussion of governments that tinker with technology through regulation. The law should be understood as a logical reaction to mounting consumer frustration with technological limitations on their purchases and a desire for balance in copyright.
Although the French law may appear to be unique, many governments regularly tinker with technology through regulation. For example, the Liberal government last year introduced "lawful access" legislation that would have required Internet service providers to dramatically overhaul their networks by inserting new surveillance technologies. Similarly, the U.S. established "broadcast flag" requirements that would have mandated the inclusion of copy-controls within a wide range of electronic devices (a court struck the requirements down as unconstitutional).
Moreover, experience demonstrates that the private sector may not respond to consumer demands to offer compatible products. The satellite radio market provides a recent example, with the two major providers - XM and Sirius - steadfastly refusing to offer a device that supports both services despite the fact that they have jointly developed just such a product.
With government intervention looming as a possibility and the private market unlikely to resolve compatibility concerns, what principles should regulators adopt to provide all stakeholders with greater certainty about the appropriate circumstances for lawmakers to tinker with technology?apple, broadcast flag, copyright, drm, france, ipod, itunes, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday April 18, 2006 |
|
View
|
|
|
Tuesday February 07, 2006 |
|
Last week I noted that following the international standard on copyright is complicated, since there are many countries that are moving ahead or already have reforms that better serve the interests of users. Things just got a bit more interesting as a French court has dismissed a lawsuit against an alleged file sharer for both downloading and uploading. Much like the federal court in Canada, the French court relied on the private copying system in reaching its conclusion that the alleged file sharing was not unlawful (arguments raised by a consumer group). While CRIA has argued that Canada is in danger of becoming an "analogue island," it would appear that the island just got a bit more crowded.cria, france, music downloading, p2p Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday February 07, 2006 |
|
|
Friday February 03, 2006 |
As I read reports tonight that France has advanced plans to legalize P2P, I was reminded that during the copyright reform process, groups such as CRIA are often heard to say that Canada needs to follow the lead of the rest of the world. In light of recent events, I suspect that many user groups might be inclined to agree. We could follow:
With a new Conservative cabinet set to be named on Monday, it will be important to remind officials that international standards means much more than just deciding what to do about the WIPO Internet treaties.copyright reform, cria, france, p2p Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday February 03, 2006 |
|
|
