France Legalises Flat Fee P2P Downloads

  PaulB2005 23:49 22 Dec 2005

click here

Broadband users can opt out

Uploads still ILLEGAL

  Forum Editor 00:09 23 Dec 2005

France has NOT legalised Flat Fee P2P downloads.

This is a proposed amendment to article L-122-5 of the French Intellectual property rights code, and the French parliament has voted on it by a narrow margin. The government can overturn the amendment, either by re-opening debate or if the Senate votes it down when the bill moves to the upper house. The French government is against the amendment, and the French Culture Minister has asked that parliament re-open debate on the amendment today.

Let's wait to see what happens.

One point that puzzles me is that if uploading would still be illegal how could any files be shared? Before anyone can download, someone must upload.

  PaulB2005 06:38 23 Dec 2005

Thought i'd got it wrong somewhere... Posted in haste...

  PaulB2005 07:22 23 Dec 2005

"One point that puzzles me is that if uploading would still be illegal how could any files be shared? Before anyone can download, someone must upload."

LOL - and i hadn't even been drinking when i posted this. I feel ashamed.... :-((

  DieSse 17:40 23 Dec 2005

*Before anyone can download, someone must upload.*

I don't follow that. If someone P2Ps a file from my system - then there's only a download involved - I would not be uploading it to anywhere. It would be like saying iTunes uploads to clients systems.

Surely .... what is an upload and what is a download depends on who initiates the transfer.

  PaulB2005 19:13 23 Dec 2005

But you are allowing the Upload from your PC. Whilst you haven't send the data anywhere you have still allowed the upload of data from your PC.

  Forum Editor 23:12 23 Dec 2005

It's a fine distinction, and whilst it's certainly true that P2P technology is such that it doesn't involve the use of a server, it's equally true that those who offer files for download are distributing them by uploading them to other peoples' machines.

We're very much into semantics here, but my submission is that in this case a file transfer involves an upload and a download - a crossload if you like.

Otherwise, what would be the point of making the distinction "uploads will still be illegal"?

iTunes is different by the way - that's not P2P. The music files come from various servers, and are indeed uploaded. Consumers then do the download via iTunes software. It's similar to a web browser, which downloads html files from servers.

  DieSse 12:47 24 Dec 2005

I download a file from iTunes - I download an HTML file from a site - I download a song from your system-

All the same thing - unless you want to say all downloads are also uploads. It must be the initiator of the transfer - ie the system doing the initial request - that decides which it is.


a) The would be no legal need to differentiate between the two

b) The French vote would have no meaning. Which clearly was not their intenrtion.

  SG Atlantis® 15:48 24 Dec 2005

The person/computer sending the information refers to the transfer as an upload, while the person/computer receiving the information refers to it as a download.

taken from click here

so as uploads are illegal, who gets the blame? The downloader requesting the file as they'll be the ones initiating the upload/download or the owner of the computer allowing the file to be uploaded from them?

My understanding, is upload is out download is in. SO if I download a file from someones computer I am indeed downloading the file and it is being UPLOADED from the other persons computer.

  Forum Editor 22:54 24 Dec 2005


To my mind the goings on in France are all a bit puzzling, but then, many people in the French government find it so as well, and they'll probably try to throw this amendment out.

This thread is now locked and can not be replied to.

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