Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
The Courts Government Media Music News

Legal Victory for P2P in France 237

nietsch writes "The Register is reporting that a french Kazaa user that had been sued by the SCPP (the french equivalent of the RIAA) has been acquitted by the courts in his county. 'The Judges decided that these acts of downloading and uploading qualified as private copying' Ars Technica has more coverage on the subject, or you can read it in english from the organization that lead the defense."
This discussion has been archived. No new comments can be posted.

Legal Victory for P2P in France

Comments Filter:
  • Private? (Score:3, Interesting)

    by gr8_phk ( 621180 ) on Wednesday February 08, 2006 @12:46PM (#14670252)
    I might agree that someone sending a copy to a friend could be considered "private copying" depending on your definition, but to put it on p2p where the whole world can download it seems much more public than private. The french court must have some very interesting definitions indeed.
  • by ursabear ( 818651 ) on Wednesday February 08, 2006 @12:47PM (#14670260) Homepage Journal
    I'd like to see a clear definition of private copying.

    At what point does retrieving a file from someone else's computer stop being private? I completely understand someone making copies of all kinds of things within their home. When someone I don't know is making copies of my files - this is when it seems to be anything but private. I'm not advocating a particular POV about copyrighted materials here... I'm thinking in terms of the moment that a file ceases to be "my" file and becomes "someone else's file."
  • by Sockatume ( 732728 ) on Wednesday February 08, 2006 @12:48PM (#14670274)
    It's like placing a stack of burned DVDs on your windowsill, with a big sign saying "Meatloaf and the Melbourne Symphony Orchestra", and everyone else on the street doing the same. Maybe somebody will wander past and take one of them. Maybe you'll wander past someone else's window and help yourself to some of their "Bon Jovi: Crush" CD-Rs. Sure, it's private copying, but it's pretty blatant what the intent is.

    I can't help but wonder if that's just going to give legitimate fair-use copying a bad name.
  • Uh. Not quite. (Score:5, Interesting)

    by torstenvl ( 769732 ) on Wednesday February 08, 2006 @12:59PM (#14670362)
    The title is misleading. Maybe "Legal Victory for a P2P user in France" would be better.

    France uses the "civil law" system (as opposed to the "common law" system used in the U.S., the U.K., and the Commonwealth, past and present). It's based on the Roman corpus iuris civilis, and it doesn't have any such thing as "precedent." Each and every case is decided purely on the facts of the case, the law as written, and the judge's... erm... well... judgment.

    This doesn't mean P2P is legal in France. It means someone got away with it.
  • by aralin ( 107264 ) on Wednesday February 08, 2006 @01:00PM (#14670369)
    This made me thinking about joining a social network like Orkut with music sharing and share your music only with your friends and maybe friends of friends. That could get around some legal hurdles in more countries and while you don't get this way any music you want, you still get quite a lot new music and actually improve the relationships with your friends through listening to some of the same music as them.
  • Re:who knew? (Score:3, Interesting)

    by HawkingMattress ( 588824 ) on Wednesday February 08, 2006 @01:04PM (#14670409)
    LOL you'd think it would make more sense to surrender to multinational companies and Uncle Sam than to a bunch of "pirates" with no legal standing... I call that fighting for keeping a sane society, instead of surrending to the power of majors like the US and others do...
    And it makes for a saner society because otherwise you'd have to put 50% of the population (we do have real broadband here so the phenomenom is quite widespread) into jail because they're using a technology that happens to be here, and has no legal equivalent (no, ITMS is not equivalent to itunes until it allows to find as much content. Right now there is 1% of what you can find on emule...maybe). Besides, nobody was ever put in jail for copying records, or cds. Why should it happen for mp3s or divx, only because some smart guys found a way for peers to get together easily ?
  • by ThePhilips ( 752041 ) on Wednesday February 08, 2006 @01:07PM (#14670443) Homepage Journal
    ...placing a stack of burned DVDs...

    FYI, CD-R/DVD+/-R/RWs are taxed in Europe, as insisted by artists. IOW, if you have downloaded MP3s or movies and burned them on CD/DVD - you are clear, since you are already compensated artists thru recordable medium tax. (And every CD/DVD burner is taxed too.)

    And to cool off your hot (in legal sense) American heads, I have to remind that European legal system is NOT precedent-based. IOW, one case over here means nothing. Judge decides the case after looking into the circumstances of the case before him, not by searching prehistoric records of how Gutenberg/etc were judged.

    What can you tell from the case, is overall mood over here. People in Europe are sick of taxes. And another association asking for another compensation and protection against competition is just what it is - another association asking for another compensation and another protection against competition. And artist associations here are far from being first in the queue of the beggars, looking for gov't help.

    What is illegal here putting such CD-R pile for a sale. But I think it's illegal everywhere. As long as you give it away for free - you are Okay.

  • Re:who knew? (Score:5, Interesting)

    by Rosco P. Coltrane ( 209368 ) on Wednesday February 08, 2006 @01:09PM (#14670466)
    Must explain the WWII stuff and all.

    It's funny how people always mention WW2 and the french Vichy Government, while completely ignoring the whole history of social and democratic progress.

    The Vichy government was a mistake and a shame. But that doesn't erase the fact that Americans owe France their freedom, most of their constitution, and a pretty statue. Looking at thing from a different angle, America's image as bringers of freedom, fighters against tyranny, and lighthouse of the world for democracy was right at the end of WW2. Since then, it's been going downhill quite frankly. Yet nobody seems to blindly ignore America's more glorious past. So give France a rest, read up some of its history, and understand that every country can sometime slip.
  • by manno ( 848709 ) on Wednesday February 08, 2006 @01:19PM (#14670555)
    I kind of agree, particularly when you consider the fact that a lot of these P2P companies are selling the software for profit, or selling ads in the software for profit.

    Calling the current state of P2P apps "sharing" is still one of the most intelligence insulting stances I think a person could argue from. How is making an exact bit for bit copy of a song/program/whatever file on a strangers computer considered sharing. If I share an XBOX game with a friend, we either both sit down and play it together, or I physically give him the DVD therefore precluding me from using it at the same time. How would me burning the game to another disk, a disk from which he could make an exact bit for bit copy, and give to another friend, and so on and so on... be considered "sharing"? It's wrong, and the fact that so many people choose to defend P2P and burning bit-for-bit copies of CD's as sharing, is an insult to content distributors everywhere, from Adobe, to the RIAA, even Shareman Networks put a stop to DietKazza/KazzaLight.

    Both sides are guilty of putting forward faulty logic in an effort win the argument. Both the RIAA, and the P2P community. I hate DRM just as much as the next guy, and I think it's something that shouldn't be necessary, but in this pro P2P era, where forgery is considered correct, and defensible by so many people. How could you blame content distributors for trying to protect their products. Do I feel that they're going about this the wrong way? Absolutely. However I can see why the P2P communities actions as a whole, encourages such drastic responses. The worst part is P2P's actions are giving them incentive, and desperately needed fodder to further advance the idea of DRM into the commercial, and legislative arena.
  • it only takes one (Score:2, Interesting)

    by Bizzeh ( 851225 ) on Wednesday February 08, 2006 @01:53PM (#14670877) Homepage
    it only takes 1 step to start a thousand mile walk... is this the first step in stoping companies like this?
  • Re:Uh. Not quite. (Score:3, Interesting)

    by ThinWhiteDuke ( 464916 ) on Wednesday February 08, 2006 @01:57PM (#14670913)
    Congratulations for your excellent French (I sincerely hope that French is NOT your mother tongue and that I'm not currently insulting you). Still this is Slashdot and the rule of the place is that posts should be written in English, or at least should be readable by English-speakers (typos and bad syntax are tolerated, if not encouraged). So, if you don't mind, I'll try and translate your (Informative, IMHO) post. Please feel free to correct any mistake.

    Jurisprudence is not the same as our precedent. Under a common law system, if a higher court decides a rule of law, all others must not only respect it but also follow it. No contradiction is allowed. The only exception is the Supreme Court, which bears no obligation. The French jurisprudence is more similar to the principle of "stare decisis" (is that latin? NDT)

    In France, a judge cannot make or repel a law.
  • Re:who knew? (Score:2, Interesting)

    by kfg ( 145172 ) on Wednesday February 08, 2006 @02:09PM (#14671043)
    America's image as bringers of freedom, fighters against tyranny, and lighthouse of the world for democracy was right at the end of WW2.

    Just so long as you did not live in the country whose freedom the world actually went to war to defend in the first place:

    Poland.

    America as the "Bringer of Freedom" who stood up to tyranny and kicked its ass in WWII is the biggest fucking con job in history. The older I get, the smarter Patton looks.

    KFG
  • by Rei ( 128717 ) on Wednesday February 08, 2006 @02:13PM (#14671083) Homepage
    I personally love that concept. On the top of it, I would love to see a completely voluntary listening-reporting system in which the music that you listen to gets reported to a central server to determine how much a song is getting listened to (limited by user), and thus give the artists a logarithmicly-scaled share of the tax revenue (thus helping small artists).

BLISS is ignorance.

Working...