Report on EPP-ED Hearing, Creative Content Online, European Parliament, 12 June 2008

The French government will use its presidency of the EU to push through legislation necessary for copyright enforcement. The aim is to have everything  ready for a Council of Ministers meeting in November. This was revealed by Ms Laurence Franceschini, director of creation and broadcasting at the French Ministry of Culture, who had the longest speaking slot - 20 minutes - at this event. She gave a series of dates for Presidency events where cultural issues and online content would be discussed, and stated that the French government's "objective is to prepare Council conclusions for November".  

 Ms  Franceschini also spoke of the plans for the so-called "telecoms package": 'In the amendments added, we have seen a clear political will to raise awareness of  measures which are there to educate the consumer on piracy and respect of copyright'. And she underlined the need to get the right legal and fiscal instruments in place - but she did not expand, notably on what she meant by" fiscal"  instruments.

 Ms Franceschini's statements are worrying for privacy campaigners and indeed for the ISPs and telecoms industry.  The telecoms package contains a number of hidden amendments which will compromise privacy and enable draconian copyright enforcement practices to happen throughout Europe. MEPS voted in April against such measures being brought in, clearly stating that criminalising people for copyright infringement, and / or cutting off Internet access, is not acceptable (see here for French and here for English version). The MEP Guy Bono continues to campaign against copyright enforcement in the EU  - see his website here.  

2nd report: European Commission  High Level Conference on Counterfeiting and Piracy 13 May 2008

 Is the online auction platform, eBay, going to be the next Internet  target for the legislators? Judging by the mood at the  European Commission's policy forum on counterfeiting, the answer could be 'yes'.

Phillippe Lacoste, chairman of the clothing manufacturer of the same name, and grandson of the champion tennis player and  founder,  served first. His charming manner belied a tough message:   "eBay..ils doivent prendre responsabilite" (eBay must  take responsbility) he said.  M.Lacoste alleged that

Report on European Commission  High Level Conference on Counterfeiting and Piracy 13 May 2008

John Kennedy, chairman of the International Federation of Phonographic Industries (IFPI), has accused the telcos and ISPs of filibustering and avoiding coming to the table to discuss co-operation measures with the music industry. His attack was delivered during an event organised by the European Commission to discuss policy issues related to online piracy and counterfeited goods.

 Mr Kennedy said that he first called on the ISPs at a conference organised by ETNO (European Telecommunications Network Operators Association)  in 2005, and "three years later, there has been little or no action from the

MEPs are calling on the European Commission and on the French and British governments, not to adopt the "three strikes and you're out"  policies for ISPs. Christofer Fjellner and Michel Rocard, Guy Bono, Helga Trüpel, Francis Wurtz, Christa Prets and Katerina Batzeli  moved an amendment to the so-called Bono report,  asking for the Commission not to adopt policies for the Internet which are  disproportionate and  could infringe human and civic rights. They do not want Europe to adopt proposals for filtering and  blocking of Internet content and the imposition of sanctions on users such as cutting off Internet access.

 The move has no legislative importance but it could be important in positioning European policy on the Internet and ISPs.  The so-called "three strikes and you're out" proposal would mean that ISPs would be asked to warn, suspend and cut off users who were alleged to be infringing copyright rules. The proposal was mooted in France, by the "mission Olivennes", and is being considered by the UK government. 

The vote was on Wednesday April 9th and the amendment was accepted. 

In France, the vote has sparked a political spat between one of the amendment's sponsors, Michel Rocard, and the sponsoring minister, Christine Albanel.   Mme Albanel said, in an interview with

The European Parliament's Culture and Education committee has voted on a draft report in respect of culture and the Lisbon agenda. According to reports on some US-based websites, it has rejected amendments in favour of ISP filtering and copyright term extensions. I would make a couple of comments here. The Lisbon agenda relates to economic growth in Europe, but it has no budgetary commitment and operates purely as an inter-governmental umbrella policy. Secondly, the vote did not relate to any legislation, as far as I can see. And thirdly, I can't find the final report on the EP website!! However, I look forward to seeing the confirmation of those US reports.

Updated 25th March 2008: The plenary vote on the Bono report will be on 10th April.  Rumours from Brussels suggest there will be another attempt by the industry lobby groups to get amendments included. The significance of the report is that it may set the tone for policy, even though it is not a legislative document.