Subject: Re: new licensing model
From: "Philippe Verdy" <verdy_p@wanadoo.fr>
Date: Fri, 16 Dec 2005 22:11:54 +0100

 Fri, 16 Dec 2005 22:11:54 +0100
From: "Matthew Seth Flaschen" <superm40@comcast.net>
>> Also I consider copyright as a fundamental human right (for everyone) - it 
>> should not be even registered according the law of many countries. To be the 
>> right and since the web has not national borders a proper scheme relevant to 
>> this reality must be established to stop the war between content authors and 
>> users. Tell me who can win this war and why we must spend resources for legal 
>> "weapon" instead of legal peace? 

Note that the newFrench law on copyrigtht and derived or neighbouring rights (which
will be the French implementation of the European EUDC directive adopted in 2001), if
voted in a few days (by an emergency procedure at the parlement during an exceptional
nightly session, without any prior debate!), will REQUIRE registration of all published
work, and even require a legal deposit (including for all web sites).

For audio/video contents, the legal depot will be the INA (Institut National de l'Audiovisuel).
For other contents, it will be a new institution managed by the Bibliothène Nationale
de France. This legal depot is not free in France (you need to pay a tax for conservation).

If the web site has its own domain name, the domainholder will need to register it (it
will be required for all .fr domain names, andprobably paidalong with the domain registration
or renewal fee). Ifthe domain is hosted by a service provider, the legal deposit will
be made by the provider and paid by it and part of the service billing.

The existing web content in the .fr hierarchy will be indexed (no matter the robots.txt
exclusion for  the default homepages of every websites) and archived as proof of existence.

The law means that it will become illegal to freely publish files even if we are the
authors, without paying the new legal deposit (public domain will be definitely banned
in France). New law amendments are constantly being added now everyday, pushed by major
content producers to further restrict the user rights. What is very bad is that none
of these amendments will be discussed, they just require a (flawed) justification or
mitigation (we see lots of obligations, but no compensation for the loss of rights).

I really hope that the law will be inapplicable, and judged rapidly anticonstitutional
under the French and European courts, because it will be clearly unbalanced, andeven
opposed to the many balancing options that were considered during the discussions of
the EUDC directive. Starting at Christmas and during the next months where decrees will
be published tospecify its conditions of application, France will have the most repressive
laws in the world that will give a tremendous power to a new form of privatized justice
made directly by major content producers.

This will not even give an enormous commercial advantage to the international majors
face to independant new small businesses, but it will clearly severely limit the freedom
of speech for individual citizens, that will have to pay to use their constitutional
rights. This will severely undermine all attempts to create or work on any open-source
project from France (the French law is applicable to private or coporate residents on
the territory, independantly of their nationality, but also extends partly for all other
residences and activities performed abroad by residents).

Once again, France will adopt a law and will have to face its most important problem
: no way to apply and enforce this law. This further increases the confusion, and in
fact will not help fight against infringement. This law will probably have the reverse
effect, with somany other unapplied and inconsistent laws, many just thinking that not
accepting the law is more honorable.