Hadopi: Belgium rejects the graduated response!

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Hadopi: Belgium rejects the graduated response!

Post by sniper3d »

Automatically translated from French.

Belgians will ultimately not taste the graduated response. Despite its government problems, the country indeed began to debate yesterday in the Senate two completely opposite bills, one on a Hadopi copy, the other on a global license.

First result, and not the least, Senator Richard Miller announced the filing of an amendment aimed at removing articles 14 to 24 from his bill. In short, the law is washed of its system of repression and graduated response. The Belgian Hadopi is therefore in part

Graduated response, an ineffective and unenforceable system

But why such a reversal on the part of Richard Miller, who had merely taken over Philippe Monfils' proposal, himself who had been heavily inspired by Hadopi made in France?

On his blog, the MR party member explains that the graduated response system is ineffective and unenforceable. "The objective of the MR is to ensure fair remuneration of artists, and to ensure the freedom of Internet users" concluded Richard Miller.

Here are comments that should be appreciated by the representatives of the French copyright holders, as well as all people working for Hadopi, Christine Albanel and the current Minister of Culture, Frédéric Mitterrand.

No surveillance-punishment for Internet users?

For the Belgian Ecolo party, which presents a global license project, this news was logically welcomed. "This attitude (of Senator Miller, editor's note) will allow a calm and realistic debate on the implementation of legislation concerning illegal downloading which will have to be negotiated with all the players in the sector."

According to Ecolo, Belgian senators agreed yesterday "on the need to seek a balanced collective solution to the financing of creation on the Internet by excluding a surveillance-punishment system, remitting the work of creators and protecting the privacy of Internet users".

This does not mean that the global license will see the light of day beyond Quiévrain. Nevertheless, the project is not yet rejected at this time, and a Belgian Hadopi is no longer on the agenda. The senators will decide this at the next debate.

A problematic Article 12

On the other hand, from Nurpa.be, association for the protection of Internet users' rights, we want to be more measured. Indeed, if the graduated response seems to have well disappeared from the MR's bill proposal, some points remain problematic according to its point of view.

Nurpa thus makes the following remarks (the bolding is ours):

-It is mentioned there several times, without the term ever being defined, the notion "database operator";
-Article 5, point 3 degree, requires Internet Service Providers to promote the list of legal offers constituted by the "Council for the Protection of Copyright on the Internet" (see Article 25);
-Article 8 uses the fuzzy notion "database operator" and requires copyright holders or related rights holders to resort to a management company in order to enjoy some of their rights;
-Article 12 requires the establishment of agreements between private actors and would allow the restriction of the Internet user's freedom of use of their Internet connection. Clear mention is made of limitation, without further clarification on its nature
-Article 25 finally, creates a "Council for the Protection of Copyright on the Internet", competent to give an opinion on all questions related to technological evolution. This "Council" would in particular aim to create a list of legal online offers. This measure borders on anti-competitive practice. It does indeed raise several questions: what criteria would determine whether an offer is legal or not? How would the completeness and updates of this list be ensured (conditions essential to avoid hindering free competition or stopping any possibility of innovation in this sector)?


The remarks and questions raised here will probably remind you of those we asked ourselves at the time of the implementation of Hadopi in France. "Although the ablation of the entire repressive side of Belgian HADOPI is good news, this bill still assumes a presumption of harm that has never been demonstrated" notes Daniel Faucon, spokesperson for Nurpa.

« Rather than view the Internet as an opportunity to reduce the number of intermediaries between the public and artists, the text merely continues to place copyright management companies at the center of all revenue collection. These are innovative initiatives and freedom of artistic distribution that we should encourage, rather than play the game of private companies. We will of course remain vigilant to the development of this case and the threats it poses to the network and the rights of Internet users. »

We will closely follow this file, whether regarding this amputated Hadopi or the global license.

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