James Delahunty
24 May 2005 19:58
It's no secret that the entertainment industry has been fighting a huge battle against online file-sharing of copyrighted music and movies over P2P networks. The entertainment industry is hoping to deter people from sharing copyrighted works by suing those who are caught distributing on P2P networks. It is also relying on support from courts to help them to win their battle but in France, they are being met by some opposition.
The president of the French Magistrates Union has openly begun advocating decriminalising file-sharing of copyrighted works for personal use. "We are in the process of creating a cultural rupture between a younger generation that uses the technologies that companies and societies have made available, such as the iPod, file download software, peer-to-peer networks, etc.," Judge Dominique Barella told Wired. "It's like condemning people for driving too fast after selling them cars that go 250 kmh."
He began his campaign after writing an article in Libération, a French publication, where he explained that lenient rulings by French judges (such as suspended jail time and fines) for individuals who have been caught downloading copyrighted works for personal use was a result of confusion over the definition of the intellectual property protection law. He believes there should be a more appropriate policy adopted in France and in Europe.
His main aim is to protect young people who have become weak targets in the entertainment industries campaign. As you can imagine, the industry is absolutely furious. 20 representatives of France's entertainment expressed their outrage in a letter to the French Minister of Justice Dominique Perben. "We are surprised and shocked that the president of the magistrates union, given the level of influence he has on his (judicial) colleagues, can publish in the press a call to not criminally sanction criminal acts, which contradicts the intentions of government bodies," the letter states.
Barella was not surprised by the letter given the industry's copyright campaign but he believes that futile to criminally prosecute file swappers across Europe accused of trading copyrighted works. "This is a subject that will serve as a source of debate for Europe since … when there is a problem with the application of the penal code on a large scale, the problem must be examined at its source," Barella said. "It is similar to the sociological consequences of the Prohibition period in the U.S. (during the 1920s). Certain laws can have unexpected consequences on society."
He believes the entertainment industry needs to focus more on battling against people who sell pirated works on a large scale than on "a young person who fills up his or her iPod.". "The resources of the police and judges are exhausted by these small cases, and do not take care of the large international (counterfeiting) rings," he added.
Source:
Wired