Comments on: French Law Redux Redux http://www.friday.com/bbum/2006/07/28/french-law-redux-redux/ ...so google can index my head. Wed, 08 Feb 2012 15:29:18 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Stephane http://www.friday.com/bbum/2006/07/28/french-law-redux-redux/comment-page-1/#comment-13490 Stephane Sun, 30 Jul 2006 22:05:57 +0000 http://www.friday.com/bbum/2006/07/28/french-law-redux-redux/#comment-13490 Dominique, I think you're missing the point regarding penalties softening. Now, the penalty is the same for the individual who copied one MP3 and a "criminal" organization whose business is to duplicate Movie DVDs and sell them. In French jails, the most dangerous is not the mob guy anymore, it's the young guy with his MP3 player. Regarding the Vivendi law name, that name is also coming from the fact that the European deputy who lobbied the most for this law is the spouse of the former Vivendi CEO (and the lobbying occurred while her husband was still running this company). Finally as for "fair use", it has indeed been stated that the number of private copies could be zero. This is making the tax on blank media illegal. I'm wondering how long it will take for consumer associations to sue the French state. Dominique, I think you’re missing the point regarding penalties softening. Now, the penalty is the same for the individual who copied one MP3 and a “criminal” organization whose business is to duplicate Movie DVDs and sell them. In French jails, the most dangerous is not the mob guy anymore, it’s the young guy with his MP3 player.

Regarding the Vivendi law name, that name is also coming from the fact that the European deputy who lobbied the most for this law is the spouse of the former Vivendi CEO (and the lobbying occurred while her husband was still running this company).

Finally as for “fair use”, it has indeed been stated that the number of private copies could be zero. This is making the tax on blank media illegal. I’m wondering how long it will take for consumer associations to sue the French state.

]]> By: Dominique PERETTI http://www.friday.com/bbum/2006/07/28/french-law-redux-redux/comment-page-1/#comment-13283 Dominique PERETTI Fri, 28 Jul 2006 18:57:09 +0000 http://www.friday.com/bbum/2006/07/28/french-law-redux-redux/#comment-13283 Actually, that might be good news ! It looks like the government wanted to satisfy the majors but on the other hand tried to soften the maximal penalties in order to make the law "more acceptable". Basically, what the Constitutional Court said is : you can't make potentially anyone a criminal and create a specific penalty for that crime. Be consistent. And I think it makes sense. But as a consequence, the law is now TOTALLY inacceptable.. which makes me think it won't last long. You know, we love to do that in France : make a law, realize it cannot work, so make more laws to cancel previous ones... Actually, that might be good news !
It looks like the government wanted to satisfy the majors but on the other hand tried to soften the maximal penalties in order to make the law “more acceptable”.
Basically, what the Constitutional Court said is : you can’t make potentially anyone a criminal and create a specific penalty for that crime. Be consistent.
And I think it makes sense.
But as a consequence, the law is now TOTALLY inacceptable.. which makes me think it won’t last long.
You know, we love to do that in France : make a law, realize it cannot work, so make more laws to cancel previous ones…

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