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graduated response / three strikes

We Want to Share Books, Music, Films With You!

La Quadrature du Net felt the urge to share works with the Members of the European Parliament and their assistants ahead of the ACTA vote, and in order to shed light on the urgency of reforming copyright. Some of these works aim at enjoyment and others at extending knowledge or enriching the public debate. All of them innovate in content, ways of distribution, economic models and relationship between authors, contributors and users. All citizens can do the same, and share pieces of digital culture with their elected representatives!

Culture According to Sarkozy: Digital Obscurantism and Contempt for Rights

Paris, 18th of November 2011 – Nicolas Sarkozy is attempting a sleight of hand at today's G8/G20 Forum d'Avignon on culture, economy and the media: posing as the defender of digital culture and the Internet. La Quadrature du Net reminds of his disastrous record, and calls on citizens to judge by themselves with the upcoming votes in the Council of the EU and the European Parliament, in particular on the anti-counterfeiting ACTA agreement.

Hadopi? Not Even Scared!

The Minister of Culture1 and the Hadopi itself2 have been prompt to announce the launch of the Hadopi's operations: here we are, the Hadopi is ready to send its first mail to Internet users who have been caught in Trident Media Gard's nets, the private society empowered by rights holders representatives3 to monitor file sharing on peer-to-peer networks. However, analysis of enacted laws and decrees calls for more caution on this potential threat. The Hadopi might be unable to impose penalties, but it could be that the Hadopi should not even be authorized to send any warning without prior judicial ruling.

  • 1. During Council of Ministers of July 28th 2010, the minister of Culture and Communication has claimed that: “The Hadopi is now ready to start its action. As an independent public authority, it will fix the suitable time to send by mail the first warnings to offenders, based on referrals transmitted by rights owners.” – throughout this paper, translation of French quotes and French law and decrees is made by the author.
  • 2. “The Hadopi is ready to kick off its action with regard to three-strikes measures”, has said Marie-Françoise Marais, president of the Hadopi, during a press conference on Monday June 28th 2010.
  • 3. Civil Society of Phonographic Producers (SCPP), Civil Society of Phonograms in France (SPPF), Society of Music Authors Compositors and Editors (SACEM), Society for Managing Mechanical Reproduction Right (SDRM) and Association for Fighting Audiovisual Piracy (ALPA).

Gallo report: Copyright dogmatism wins a battle, not the war

Brussels, June 1st 2010 - The vote, in JURI committee of the European Parliament on the Gallo report "Enforcement of intellectual property", including the rapporteur's repressive amendments, reflects the asphyxiating influence of corporate lobbies on EU policy-making. The ALDE group, which had stood for fundamental freedoms on several occasions, this time sided with the entertainment industries. This vote should make EU citizens react and convince MEPs about the stakes of our evolving digital societies. Beyond the vote of the Gallo report in plenary session, there are other upcoming legislative battles where the public interest of creativity and access to knowledge can be upheld against an obsolete vision of copyright.

Gallo report on future EU copyright: No compromise on our Freedoms!

Update 14h40 : the vote will take place on Tuesday 1st June, at 10:00

Brussels, May 30th 2010 - A few hours before the vote on the Gallo report regarding the future of EU copyright, the rapporteur, French sarkozyst Marielle Gallo, has tried to lead her colleagues into voting fake compromise amendments1. Mrs Gallo tries to hide the clash between two very conflicting positions: on one hand, the rapporteur's ultra-repressive logic against online filesharing - including the encouragement of the ACTA agreement and of private copyright police - and on the other hand, the understanding that a successful creative economy will be built with Internet users and not against them. It's up to us, citizens, to help the members of the JURI committee to make the right decision by protecting fundamental freedoms and the public interest.

  • 1. These amendments actually are not the object of a compromise and reject the most important points in the proposals of several shadow rapporteurs (members representing the political groups, negociating together compromise amendments)

EU Commission: Will Kroes' Digital Agenda endanger freedoms?

Paris, May 17th 2010 - On Tuesday May 18th, the Commission's Digital Agenda will be released. This important document will define the European Union's future policies on the Internet and other communications technologies. A leaked draft showed that major policy orientations remained to be arbitrated in advance of the release. Although much of the document puts forward very sensible and positive proposals, potential mentions of dogmatic copyright enforcement and Internet filtering could be sneaked in the final document at the last minute. Will the rights and freedoms of EU citizens be protected?

War on Access

By Jérémie Zimmermann.

“Article 11 of the Declaration of the Rights of Man and the Citizen of 1789 proclaims : "The free communication of ideas and opinions is one of the most precious rights of man. Every citizen may thus speak, write and publish freely, except when such freedom is misused in cases determined by Law". In the current state of the means of communication and given the generalized development of public online communication services and the importance of the latter for the participation in democracy and the expression of ideas and opinions, this right implies freedom to access such services. ” - Conseil Constitutionnel, decision 2009-580 (§ 12)

Copyright Talibans are after the European Parliament

Brussels, March 22nd, 2010 - With the current debates surrounding the Gallo Report on "Intellectual Property Rights" (IPR) enforcement1 and rumours about an imminent revival of the IPR criminal enforcement directive (IPRED2), a holy war is taking place in the European Parliament. Members of the Parliament are being flooded with false figures and statistics from the entertainment industries' intensive lobbying. They are also being heavily pressured by the French authorities. Will the European Parliament hear the cries of the Copyright Talibans and renounce to protect EU citizens fundamental freedoms?

  • 1. The Gallo report will be debated on Tuesday, March 23rd in the JURI committee.

Gallo Report: Copyright & patent dogmatism at its worst at the European Parliament

Brussels, January 29th, 2010 - The draft1 of the Gallo2 report on strengthening the enforcement of "intellectual property rights" (IPR) in the Internal Market has been presented in the JURI commission of the European Parliament. This initiative report3 is a response to a communication of the Commission on the same topic, which La Quadrature has already strongly condemned4. The document has only one merit: it provides a perfect example of the worst kind of IPR dogmatism.

Questions to Commissioner-designate Kroes on Net neutrality and freedoms in the digital age

La Quadrature du Net sent this letter to the members of the ITRE and CULT committees of the European Parliament to urge them to ask the following questions to Mrs. Kroes, Commissioner-designate for the Digital Agenda, during her hearing on Thursday, January 14th.

Questions to Commissioner-designate Reding on freedoms in the digital age and ACTA

La Quadrature du Net sent this letter to the members of the LIBE and JURI committees of the European Parliament to urge them to ask the following questions to Mrs. Viviane Reding, Commissioner-designate for Justice, Fundamental Rights and Citizenship, during her hearing on Tuesday, January 12th, at 1PM.

Future of copyright: La Quadrature calls on the Commission to reassert the public's rights

La Quadrature du Net has submitted its response to the European Commission's consultation regarding "Online Creative Content". La Quadrature calls on the Commission to reconsider the EU's coercive and repressive copyright policies, while encouraging it to match words to deeds by fostering the rights of the public in the digital creative ecosystem.

Download "Creative Content in the Digital Age: Reasserting the Rights of the Public" in PDF.

ACTA: A Global Threat to Freedoms (Open Letter)

Updated on December 24th, 2009

Paris, December 10th 2009 - A worldwide coalition of Non-Governmental Organizations, consumers unions and online service providers associations publish an open letter to the European institutions regarding the Anti-Counterfeiting Trade Agreement (ACTA) currently under negotiation. They call on the European Parliament and the EU negotiators to oppose any provision that would undermine the fundamental rights and freedoms of citizens in Europe and across the world.

Ask what the next European Commission will do for our Freedoms!

Paris, November 26th 2009 - La Quadrature is calling on European citizens to submit questions aimed at finding out where the next European Commission (2010-2014) stands on EU citizens' fundamental freedoms on the Internet.

The Council of the European Union and the President of the European Commission, José Manuel Barroso, just agreed1 on a college of Commissioners designate. The Parliament will now conduct hearings2 before appointing the full college.

  • 1. http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/522&format=HTML&aged=0&language=EN&guiLanguage=fr
  • 2. More infos about the Commissionners hearings: http://www.laquadrature.net/wiki/Hearings_Commissioners
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