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February 2006

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[Upd-discuss] French court authorizes P2P transmission as private copying (fwd)
by Michael Hart 08 Feb '06

08 Feb '06

French judge authorizes downloading and uploading of copyrighted content on the Internet February 7, 2006 Paris, France--An Internet user defended by the Association of Audionautes (ADA) was released free of charges by the District Court of Paris after downloading and uploading music and movies on the Internet. The decision, dated December 8, 2005 and made public this week, is available online at: http://www.juriscom.net/documents/tgiparis20051208.pdf Several Internet users defended by the ADA have already been released free of charges for having downloaded copyrighted content on Internet on the basis of the "private copying" doctrine: - Rodez Tribunal Correctionnel, October 13, 2004: Absolved of charges - Châteauroux Tribunal de Grande Instance, December 15, 2004: No damages - Montpellier Cour d'Appel, March 10, 2005: Absolved of charges - Meaux Tribunal Correctionnel, April 21, 2005: Downloading qualified as private copying, 70 cents / title for uploading - Le Havre Tribunal Grande Instance, September 20, 2005: Same as above, but 20 cents / title for uploading - Créteil Tribunal de Grande Instance, November 2, 2005: Absolved of charges for downloading as well as uploading using eMule But this decision is the first one to authorize both the downloading and uploading of P2P content for Internet users. On September 21, 2004, the prosecutor's office found 1875 MP3 and DIVX files on the defendant's hard drive. Based on this discovery, a French record producer association known as the SCPP (Société Civile des Producteurs Phonographiques) sued him for downloading and uploading 1212 music tracks. The District Court of Paris, however, refused to agree with the SCPP's argument. Following the line of reasoning utilized by the ADA for nearly two years, the Judges decided that these acts of downloading and uploading qualified as "private copying." While the case has been appealed to a higher court, Aziz Ridouan, President of the ADA approves of the current verdict and is confident that it will be affirmed. According to Jean-Baptiste Soufron, Legal Counsel of the ADA, "This most recent decision is consistent with the definitive decision of the French Appellate Court of Montpellier. It is an important stepping stone in our fight to legalize P2P." France was the first country in the world to propose the legalization of P2P downloading to Parliament. About the Association of Audionautes: The Association of Audionautes is a non-for-profit organization founded by French high school and college students in order to respond to the abusive threats of the music industry. It aids more than 100 people in organizing lawsuit defenses, and consists of more than 6000 members including students, lawyers, and artists. Press contact: +33 624 414 265 (french) / +33 617 962 457 (english) contact(a)audionautes.net www.audionautes.net

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Related project of interest: Librivox
by Gardner Buchanan 05 Feb '06

05 Feb '06

I happened to hear Hugh McGuire interviewed on CBC Radio One yesterday. He was talking about an interesting project that I hadn't previously known. I though I'd mention it here in case anyone else is interested: http://www.librivox.org/ LibriVox volunteers record chapters of books in the public domain, and then we release the audio files back onto the net (podcast and catalog). Our objective is to make all books in the public domain available, for free, in audio format on the internet. We are a totally volunteer, open source, free content, public domain project. ============================================================ Gardner Buchanan <gbuchana(a)rogers.com> Ottawa, ON FreeBSD: Where you want to go. Today.

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