French State Council allows tracing P2P users

By EDRi · June 6, 2007

(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The State Council of France validated on 23 May 2007 the automatic tracing
of illegal downloading in P2P networks. This decision cancelled the 18th
October 2005 CNIL (Commission nationale de l’informatique et des libertés)
decision that rejected the introduction of surveillance devices proposed by
Sacem and other 3 author and producer associations asking for the automatic
tracing of infringements of the intellectual property code.

The State Council believes that such devices are acceptable considering the
extent of the piracy phenomenon in France. The number of downloaded files
decreased by half in 2006 as compared to 2005 but according to GfK institute
this is probably due to the evolution from a quantitative type of
downloading to a qualitative one.

GfK institute has also reached the conclusion that the illegal downloading
in P2P networks have not caused the decrease in the sales of cultural
products but actually “quite the contrary, downloading is really perceived
by half of the Internet users as a promotion vector for artistes.”

The State Council’s decision was to the liking of the associations the
request of which was rejected by CNIL in 2005. SCPP (Société civile des
producteurs phonographiques), one of these associations, stated that CNIL’s
rejection of their request had “not allowed them to take measures to prevent
and repress music piracy that were however taken by most states of the
European Union”. In their opinion “France is one of the countries where
Internet piracy is the most developed and where, therefore, the legal music
market develops more slowly”.

CNIL reaction to the State Council decision came after two days by stating
that its intention is that of «ensuring a fair balance between the copyright
protection and the protection of the right to private life of Internet

CNIL also stated having already authorized Sell (Syndicat des éditeurs de
logiciels de loisirs) to develop an automatic surveillance system for the
downloading of video games in P2P networks.

In comparison with the systems proposed by the music associations, this
system was approved because it puts less burden on the ISPs and it involves
“only the users that are responsible with the first sharing in a network of
a work or having shared a not yet commercialized work”. The surveillance
devices are ready and a request of tenders has been launched.

CNIL will meet the author associations among which Sacem and SCPP as well as
ISPs and the discussions will last for several weeks.All parties have
expressed their willingness to collaborate.

Peer-to-peer: The State Council says yes to the pirate chase (only in
French, 23.05.2007),39020774,39369675,00.htm

Surveillance of P2P networks: CNIL acknowledges the decision of the State
Council (only in French, 25.05.2007)[uid]=464&cHash=57a0f43bbe

Peer-to-peer: half downloaded files less in 2006 (only in French,

Peer to peer : CNIL does not authorise the devices presented bu the author
and music producer associations (only in French, 25.10.2005)