I doubt this will be strongly enforced - if it was, they might as well shut off the internet in France.
Also, depending on how the ISPs do the "detection" of piracy, they might be opening themselves up to some liability of their own. Heavy torrent traffic pretty much all looks alike - especially if it's encrypted (which most torrent clients support now, and several even come with it enabled by default). The first penguin head they bust for this because he perpetually has 3 or 4 different distros coming down the pipe, is going to sue, and the whole "anti-piracy" campaign will come to a halt while the ISPs wait for the court ruling.
This law looks like a big paper tiger.
|The first penguin head they bust... is going to sue |
France has a substantially different legal system is terms of taking lawsuits to trial - it's quite possible that this will go unchallenged.
|brotherhood of LAN|
I wonder how this will be enforced to detect illegal downloads.
Perhaps alarm bells ring when hitting particular servers/sites? Checksums of files downloaded?
On the latter question, some of these sites have been known to chop small segments of the file off to get a unique checksum.
There must be some technical cost/overhead / privacy concerns but overall I think it's a good idea if enforced properly.
I heard the chief executive of FNAC talking about this on the radio this morning. His sell was the fact that this new system is better suited to today’s world. It makes the punishment fit the crime. Illegal downloading in France is punishable by jail time and a large fine. Way out of proportion to the offense.
Anyone ever play that game "whack-a-mole" in the arcade?
|There must be some technical cost/overhead / privacy concerns but overall I think it's a good idea if enforced properly. |
Disagree for two reasons.
A) This puts the burden on the internet provider to protect the content of someone else. Content I might add the music industry hasn't been able to protect themselves yet expect someone else to do it. The cost of this is going to be passed onto the consumer.
B) To accomplish this is going to require the invasion of someones privacy, no way around it because determine if the content is pirated they will have to examine it.
I know I don't want my ISP looking at the data I transfer under any circumstances and I'm sure most others would agree.
In the end it will be pretty pointless, if the file sharing applications in existence cannot already prevent this invasion of your privacy they will shortly. So you get a higher cost to the consumer, invasion of their privacy with nothing in return except for few people that might get caught at the start or those too stupid to use somethng that will prevent them from being caught.
Note I don't live in France, and I don't use file sharing applications. My opinions are based on if this was done in the US.
|I know I don't want my ISP looking at the data I transfer under any circumstances |
well, now the ISP AND the GOV AND the recording industry techs will be looking at it.
I suppose this affects French internet users, and non-French people accessing French servers.
|this new system is better suited to today’s world. It makes the punishment fit the crime. Illegal downloading in France is punishable by jail time and a large fine. Way out of proportion to the offense. |
Indeed, this is the main reason of this proposed law. The current law was only for the big fishes, this law will fit for small fishes. Note it has not been adopted yet...
If caught, you receive an email, then another one, then sanction starts to roll (shor-term to long-term bans of web-access through Internet Provider).
When someone ask how they will catch illegal downloadingm the Minister said yesterday that there will be presumably some cops/spies doing some P2P to fetch IPs. Note sure if she is a good tech-person to speak about this... Anyway, she mentionned at a TV-show that her son is downloading movie; and the TV-star who was there next to her said that he was downloading the last Prison Break directly from US (at least, he is safe).
Well with Comcast throttling and now this it looks like the day of the IP cop is here. Say goodbye to any privacy you thought you had before back in the day (dial up access). I do have a question though if I own a movie or a music CD why am I not allowed to download it without going to jail?
|I do have a question though if I own a movie or a music CD why am I not allowed to download it without going to jail? |
Firstly, with this new law, you will not go to jail for downloading stuff... You'll get an email saying it is illegal, then another one. The final sanction is "no internet access"
Downloading stuff is illicit, unless it is done through legal sites and you pay for the service. The fact that you own the CD or not has nothing to do with that...
Nonetheless, it is true that there are some issues... Someone said "Why renting a CD/movie and doing a copy for personal use is legal, while downloading the same CD/movie is illegal?"