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French poised to track and take away Net over illegal use.


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Dargonxtc



Joined: 13 Apr 2006
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Location: Nc5xd7+ スターダストの海洋
PostPosted: Tue May 12, 2009 4:09 pm Reply with quote
Article.

The interesting thing about this I think is that there is no real consequence except to take away Internet access for a year (but you still have to pay for it). Because the penalty is so light, I think it will be handed out much more readily, and as a result might actually have an effect. As opposed to hefty jail sentences and large lawsuits, both of which take years and lots of money to reach conclusion, this seems more like it would be handed out like a speeding ticket.

Of course exactly what the government monitors is a huge concern, and it's easy to recognize the privacy concerns.

Assuming the government can be completely trusted (hypothetical), do you think this will have any real effect on slowing down Internet piracy in France?
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PetrifiedJello



Joined: 11 Mar 2009
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PostPosted: Tue May 12, 2009 4:17 pm Reply with quote
Dargonxtc wrote:
Assuming the government can be completely trusted (hypothetical), do you think this will have any real effect on slowing down Internet piracy in France?

No, it won't. In fact, it's going to be open to abuse, as people can, and will, find ways to circumvent it, leaving innocent people to suffer the consequences.

It'll be interesting to see how far this goes, as the EU has stated a three strikes law is not allowed.

Funny thing: The French president was recently caught in a copyright infringement situation. His original offer: 1 Euro. Yep, 1. Imagine his surprise when they demanded, and he paid, much more than that.

To think the president didn't get the problem astounds me.
Shocked

[Edited for content]


Last edited by PetrifiedJello on Wed May 13, 2009 5:56 pm; edited 1 time in total
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LordRedhand



Joined: 04 Feb 2009
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PostPosted: Tue May 12, 2009 4:23 pm Reply with quote
I can see why they did it as it matches up with their other laws concerning copyright, so it's more of a statement of punishment really http://plato.stanford.edu/entries/punishment/

So in a way it's affirming of Humanity for me as punishment is to punish first and everything else is a secondary effect. So could it stop people from using the net illegally? Perhaps but now their is a real punishment to go behind the words to explain that, at least for France they find something wrong with that practice, and is something that should be punished.
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Dargonxtc



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PostPosted: Tue May 12, 2009 4:47 pm Reply with quote
PetrifiedJello wrote:
No, it won't. In fact, it's going to be open to abuse, as people can, and will, find ways to circumvent it, leaving innocent people to suffer the consequences.

It'll be interesting to see how far this goes, as the EU has stated a three strikes law is not allowed.


Really? I think you're right in the fact that someone will always find a way around it without being caught. But most people aren't that smart and/or dedicated. Let's assume piracy is now at 100%. Would something like this reduce that number down to 20%? For example if I sit in my house in France (Côte d'Azur Razz ) and I download some anime and let's say some French films. I get caught and my ISP gets turned off, I am also put on a list and no other ISP will sell to me for a year. I could go to an Internet cafe but if they start getting tagged with fines for allowing users to use the service illegally, they may start limiting which sites I am allowed to go to, or may get shut down altogether. They may start requiring me to register who I am before use. If I go to a friends house to use the Net then I will be getting around it, but if I do illegal stuff my friend may get banned as well (which I am sure they'll appreciate). As an average everyday pirate my options have become severely limited. Don't you think that will curb piracy?

As far as that other stuff you said, I don't think it is very relevant here as it has no effect on whether or not this will pass or on what the law actually is. So let's try to keep the petty name calling and political gasoline to a minimum okay. For instance there are many things the French do that I don't agree with. On the other hand I don't think everything the French do is wrong either. Regardless of which view I want to be on the side of, it really has no place or relevance in this thread.
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blind_assassin



Joined: 07 Aug 2006
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PostPosted: Tue May 12, 2009 6:03 pm Reply with quote
I don't have as much confidence in a government's ability to enforce it's punishments as you do Dargonxtc. Theoretically they could do all those things to keep you off the internet but that would require repeated overt offending that you get caught for each time and I think people that stupid deserve their punishment. The idea itself doesn't seem particularly outlandish though. People can have their drivers license taken away for example. But the internet is pretty much at the point of penetration that a well enforced ban would ruin people's lives/ability to work. Not that it's a human right to muck around on youtube, but for someone in an office environment it's significant to not be able to get your email.

As a compact view though, I'd say it could make a difference but only in a pretty draconian application that would anger a lot of people.
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PetrifiedJello



Joined: 11 Mar 2009
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PostPosted: Tue May 12, 2009 6:07 pm Reply with quote
Dargonxtc wrote:
Let's assume piracy is now at 100%. Would something like this reduce that number down to 20%?

Here's a question for you: How are these ISPs going to determine if the site is "illegal"?
How are they going to determine all P2P isn't copyright material? Or if it is, that it was authorized by the artist?

There's more against this than for, especially since it's an accusation based system.

And, for the record, your comment about "most" doesn't really apply, because if you really think about it, "most" take advantage from those savvy enough to "pirate".
Wink

Quote:
As an average everyday pirate my options have become severely limited. Don't you think that will curb piracy?

Again, no. The biggest reason is that France, like the United States, hosts very little in terms of "pirated" content. Most sites reside in countries to which copyright laws are less stringent. Sweden, for example, used to be one (and still is to some extent).

Quote:
As far as that other stuff you said, I don't think it is very relevant here as it has no effect on whether or not this will pass or on what the law actually is.

Actually, it's much more relevant than you (and others) realize. Every day, the entertainment industry lobbies our government to pass ridiculous laws concerning "copyright". Since the other thread was locked due to this topic, I'll stop here.

Did you know this industry has tried to push for an "internet music tax" to all ISP customers?

[Edited: removal of text]


Last edited by PetrifiedJello on Wed May 13, 2009 4:31 pm; edited 1 time in total
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LordRedhand



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PostPosted: Tue May 12, 2009 6:27 pm Reply with quote
blind_assassin wrote:
I don't have as much confidence in a government's ability to enforce it's punishments as you do Dargonxtc. Theoretically they could do all those things to keep you off the internet but that would require repeated overt offending that you get caught for each time and I think people that stupid deserve their punishment. The idea itself doesn't seem particularly outlandish though. People can have their drivers license taken away for example. But the internet is pretty much at the point of penetration that a well enforced ban would ruin people's lives/ability to work. Not that it's a human right to muck around on youtube, but for someone in an office environment it's significant to not be able to get your email.

As a compact view though, I'd say it could make a difference but only in a pretty draconian application that would anger a lot of people.

Well having worked with a company that accesses the internet, a business can limit where you can go, for example I couldn't go to youtube, or my own personal e-mail account or other company websites that list the company I worked for products compatibility to theirs. So a business can limit it's employees internet usage and for good reason, bandwidth costs, much like when my brother had a class mate using 80% of the bandwidth for themselves, leads to maybe the idea of slowing down their connection or investigate exactly what it is that they are doing that would cause that usage to spike so much, and if something is wrong with that use to limit it or cut them off of it for awhile. As you make a good comparision to internet and a car they are not a right but a privelege and should be used responsibly.

Quote:

Did you know this industry has tried to push for an "internet music tax" to all ISP customers?


Hey did you also know that that is the suggested change that comes from the Copy "left" that also says the system is broke, if you say something is wrong with copy right but have no system to replace it, then you're not helping.
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Dargonxtc



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PostPosted: Tue May 12, 2009 7:18 pm Reply with quote
PetrifiedJello wrote:
How are they going to determine all P2P isn't copyright material? Or if it is, that it was authorized by the artist?

Well obviously it will start as a small list and grow into a bigger one. With certain obvious actions automatically flagged, summarily judged and handed down. Will certain actions slip by? Sure. Will it be completely inefficient at first? I think so. But after they get a hang of things they will probably come up with a more efficient system that will produce proportional results.

Quote:
And, for the record, your comment about "most" doesn't really apply, because if you really think about it, "most" take advantage from those savvy enough to "pirate".
Wink

No, most of us take advantage of "systems" developed by the more savvy. They become piracy hubs for the less savvy and if those systems are either flagged or monitored they become hubs that are more dangerous to the masses than any kind of refuge.

Quote:
Again, no. The biggest reason is that France, like the United States, hosts very little in terms of "pirated" content. Most sites reside in countries to which copyright laws are less stringent. Sweden, for example, used to be one (and still is to some extent).

I don't think you understand the article. This will not affect anyone outside of France. It doesn't matter where in the world they "get" their illegal content because they are going after the end users not the source. It doesn't matter whether piracy is legal in other countries.


Quote:
Actually, it's much more relevant than you (and others) realize. Every day, the entertainment industry lobbies our government to pass ridiculous laws concerning "copyright". Since the other thread was locked due to this topic, I'll stop here.

I don't believe it was petty. It's an accurate description when he clearly overlooks the issue at hand.
For those living in France, I'd be questioning this.

France and the U.K. have been passing very questionable laws, and honestly, is very relevant to those here who live in these countries. I feel for them, as their government is acting like idiots.

I ask you to not throw insults or throw political gasoline and you basically say no. Fine. Then if you can't restrain yourself then please don't respond to this thread anymore. If you feel the need to go on a diatribe about how much you hate the governments, parties, people then please start your own thread in the community forum where that kind of thing is acceptable. The insults have no relevance here.

The thing that makes this bill unique in my opinion is the fact that punishments are so light, therefore they will likely be handed out more. Because of this I think it has a better chance of curbing piracy than many other proposed plans. That's where the discussion starts, not whether you think the people, parties, or governments are "idiots". Save that jabberwocky for the community forum.

blind_assassin wrote:
Not that it's a human right to muck around on youtube, but for someone in an office environment it's significant to not be able to get your email.

That's a problem of course. Though I imagine this is aimed at home use. I can't imagine them banning people from the net at work. I don't think the average pirate engages in that kind of activity at work anyway.

My original response was to say you could still get your email through PDA style cell phones. But that brings another problem. Most phones allow net access (fast browsing). I think controlling net access through cell phones will present a huge problem, however again, I don't think many people use their cell phone to steal copyrighted material(with the exception of music, maybe). That is to say I don't think they will be stealing videos, both because of the comparably slow connection speeds, and the massive amount of storage space which is required.

Quote:
As a compact view though, I'd say it could make a difference but only in a pretty draconian application that would anger a lot of people.

Well yes and no. Though I will say right off the bat that I agree mostly yes. But for the time being I want to assume that they will be "good" with some unknown safety measure in place to protect law abiding and mostly innocent people's rights. As aforementioned I just find this method interesting because I think it's enforceable and would cause an impact.

But yes I would be worried as well. I just think this might actually work. As methods go...
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Ktimene's Lover



Joined: 23 Apr 2005
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PostPosted: Tue May 12, 2009 11:31 pm Reply with quote
The hypothetical way to stop internet piracy (I think) is to find a way to permanently shut down the internet entirely. That is, make it shut down so all the millions to billions of websurfers can't the net ever again. Pipe dream.
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LordRedhand



Joined: 04 Feb 2009
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PostPosted: Tue May 12, 2009 11:47 pm Reply with quote
Quote:
I think controlling net access through cell phones will present a huge problem, however again, I don't think many people use their cell phone to steal copyrighted material


Kiolo-byte charges and slowing down connection speed (yes they can do that, I should now, former cell phone Customer Service Rep here) are way that downloading anything in mass is a "not so good idea."

Case in point see the costs of Downloading Wall-E (includes international rates!) http://www.switched.com/2009/04/27/us-man-gets-62k-bill-for-wall-e-download-in-mexico/

So if you feel like paying $17k for a movie...
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Xanas



Joined: 27 Aug 2007
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PostPosted: Wed May 13, 2009 7:30 am Reply with quote
It might work, but the net economic advantage for the French in doing this will be zero because of the "law of the conservation of money." You can't make what you don't have, so it's not like the French are going to magically become more wealthy because they take away people's internet for illegal usage.

Perhaps the French will be the next country to start using encrypted P2P technologies and VPN's.

How much waste will governments and lobbyists put into protecting the mere assignment of resources? If French artists are paid unfairly low wages, the artists would be better off making people aware of their plight and counting on the individuals to support them better and demand fairer practices on the part of distributors. Anti-piracy laws don't do anything to create wealth. Those who cannot get for free will in most cases opt for not getting anything at all. I know to some of you that sounds like a good thing, but once again, no money is created by this. It serves no purpose at all if these laws don't benefit the intended party when the government has to spend so much money to institute such a monitoring system.

And... then... the worst footnote of all. Government is the one doing the monitoring. Can they be trusted with this? Maybe now, but definitely not for all time.
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PetrifiedJello



Joined: 11 Mar 2009
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PostPosted: Wed May 13, 2009 8:24 am Reply with quote
Xanas wrote:
Government is the one doing the monitoring.

This is incorrect. It's the entertainment industries that will be doing the monitoring. All they have to do is say "user is downloading from site x, which we believe houses copyright materials".

That's it. user gets one strike against him with no possible recourse to defend the accusation.

All the government will do is sit idly by and allow the industry to "monitor" itself.

[Edited: removed "targeted" example]


Last edited by PetrifiedJello on Wed May 13, 2009 4:33 pm; edited 1 time in total
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Cloe
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PostPosted: Wed May 13, 2009 3:16 pm Reply with quote
To everyone in this thread, this topic is about the bill in question and its hypothetical effect on internet piracy. Do you think this would be effective or not? A discussion of Sarkozy's administration or politics in general is out of place here, and if you insist on following this course of action, prepare to have your posts deleted.

Last edited by Cloe on Wed May 13, 2009 5:06 pm; edited 1 time in total
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eyeresist



Joined: 02 Apr 2007
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PostPosted: Wed May 13, 2009 9:07 pm Reply with quote
Xanas wrote:
It might work, but the net economic advantage for the French in doing this will be zero because of the "law of the conservation of money." You can't make what you don't have, so it's not like the French are going to magically become more wealthy because they take away people's internet for illegal usage.
...
Anti-piracy laws don't do anything to create wealth. Those who cannot get for free will in most cases opt for not getting anything at all. I know to some of you that sounds like a good thing, but once again, no money is created by this.

Obviously, the purpose of copyright laws/enforcement is not wealth creation per se, but protecting the right of a rights owner to exclusively exploit those rights. We're talking about protecting property rights, which are one of the bases of civilisation.


Xanas wrote:
How much waste will governments and lobbyists put into protecting the mere assignment of resources?

So next time someone breaks into your house and rips you off, you'll tell the police to go away and find something better to do than "protecting the mere assignment of resources"? Laughing
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Dargonxtc



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PostPosted: Wed May 13, 2009 9:42 pm Reply with quote
Xanas wrote:
It might work, but the net economic advantage for the French in doing this will be zero because of the "law of the conservation of money." You can't make what you don't have, so it's not like the French are going to magically become more wealthy because they take away people's internet for illegal usage.


It's an interesting point you bring up, but I am not sure creation (reclamation) of wealth is the key factor involved in a government taking action like this. When it comes down to it, I think it comes between which is more important, the rights and wishes of the creators/owners vs. the rights of the people whom wish to take that property without permission. From a law perspective the rights of those being violated trumps those that are doing the violating. That's not the same as saying the latter have lost their rights, just that laws are designed to protect certain things. And that some of those things, it is realized in fact, have zero protection and are being abused. Those situations are going to be looked at first to right the wrongs and find remedies for.

You and I have had long discussions about IP and ™®©, and I am sure we are well aware of our respective viewpoints, so there is no real need to rehash them. So please just indulge me for the time being. Wink (<--Not saying you brought them up, just saying.)

Quote:
Perhaps the French will be the next country to start using encrypted P2P technologies and VPN's.

As far as P2P I think I could take that multiple ways, so since I am unsure what you are getting at I won't address that.

VPN's I see several problems with. One of the keys to piracy is mass distribution. In a sense each VPN is by invite only, this is because each VPN requires a server somewhere (it doesn't matter where). By the very nature of being on the same server limits the scale of distribution to those in the know. Now if the goal of this bill is to stamp out piracy, then I think VPNs are a huge threat to that. But if the goal is to reduce piracy from 100% to 20%, then VPNs may not even be a factor.

If they do swell to huge popularity, and because you have to pay extra for them, they almost become default ISPs. Because of this, and the fact that there are physical servers, it will become a he said she said thing between the providers and the governments. With that, in general, I think we know who will win. In the case of truly private VPNs, the nature of membership will remain small and likely not raise much wraith from the government.

So it's a problem on both sides of the coin, but in the end if it does result to that, I think it will be deemed within tolerable levels.

Quote:
How much waste will governments and lobbyists put into protecting the mere assignment of resources?

Big issue of course. At what point is too much for too little, or if I may, too much for too much? There has to be a point when you say this is cost effective, this is not. The fact that we have to trust a government to determine this point is a huge concern to me, so I think you'll find me in agreement with you here.

The thing is though I think there is a cost effective way to go about this (we've discussed this actually). Getting people to agree upon limiting scopes and formulation of units is the biggest hurdle. I will be very interested in seeing what kind of enforcement doctrine is put in place, and will be very curious to see if it is anything like I had imagined in a lean cost effective scope driven force that will have have the impartiality of a judge yet the knowledge of where to always look first.

... Or...

It could be like the DMV. Razz


Quote:
If French artists are paid unfairly low wages, the artists would be better off making people aware of their plight and counting on the individuals to support them better and demand fairer practices on the part of distributors. Anti-piracy laws don't do anything to create wealth.

Agree with this, and already addressed the last sentence above but would like to add a bit to challenge the idea a little.

The point is well taken and I think holds mostly true for things that are say, not so popular. But let's flip that coin if we can. Let's say it is something that everyone must have. No, not something like water because you need that to live, but something that is so popular(video) and or useful(software) that you absolutely must have it. For those types of products, when the choice is to get it for free or pay for it, I think a strong case can be made that many of the ones that opted to steal (I know you hate that word, bear with me Smile) it would in fact end up buying it in the long run. The reasons for this could range from; so they can gain popularity, all the way to, it's an absolutely marvelous tool that you can't live without.

How would you go about only protecting those types of products without protecting the others and not showing preferential treatment?

Quote:
It serves no purpose at all if these laws don't benefit the intended party when the government has to spend so much money to institute such a monitoring system.

Well I already answered all of these: Money is a concern, it's the rights and wishes of the creators/owners, and there is no proof that there will be no benefit or that there will always be a benefit. (<--short version)

Quote:
And... then... the worst footnote of all. Government is the one doing the monitoring. Can they be trusted with this?
My gut reaction (and my brain reaction) is NO!

Let me tell you why I am interested in this. But I think I would do that best by responding to someone else's comment.

Ctimene's Lover wrote:
The hypothetical way to stop internet piracy (I think) is to find a way to permanently shut down the internet entirely. That is, make it shut down so all the millions to billions of websurfers can't the net ever again. Pipe dream.


Why? Why must it be so cut and dry? With so many versions of everything in this world why must this be an on/off switch situation. Perhaps I am being a little more than sanctimonious with what I am about to say, but humans have created marvelous and wonderful things. Why is it impossible to come up with a solution that will both stop the bad and keep the good. I am not saying it is easy, or isn't complicated, but why does everyone throw their arms up in defeat before even trying to come up with a solution that will keep everyone's freedoms on equal terms. Owners, users, businessmen, moms, dads, friends, rich, homeless, all of them. I guess I am just not ready to call it impossible. I've seen to many people do things that were said to be impossible to believe that there isn't a way to do something. And do it right I might add.

Now don't take that as me saying I think this bill is perfect in any way, it's not. It's just coming close to what I think will actually affect piracy in the region if they do what they say. So it addresses the problem in other words. Is it the right solution? Probably not, as has been pointed out there is a huge government problem involved here. But I think it is a step in the right direction only in the fact that it will have an affect. Now if we can establish how to have an affect, then we can build around that, almost like a core, and make adjustments and or throw out the bad parts we don't want. This is assuming we will have freedoms to have a say, the vast majority in the west have such freedom. As long as we keep those, then the only way to making a successful policy is to start by making some mistakes first. If millions of people make a stink about this, it will be reversed. If some things don't work out and people grumble, adjustments will be made. And if people go on with life as normal, very little will likely change.
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