The Government is completed with the review of the draft law on copyright law, with the key a new difficult week in perspective for the Minister of Culture and Communication, Renaud Donnedieu de Vabres. The discussions shall resume tomorrow and will last until Thursday. Initially, everything had to be sealed off last Thursday, after a first suspension in December last following the vote of a double amendment paving the way for a legal license on Internet device. But nothing happened as planned, to the great despair of Renaud Donnedieu de Vabres, who finds himself, for the second time, enmeshed in the folder. On bottom of polemic exacerbated between "pro" and "anti" global licence, the parliamentary context was already undermined: the Government refused to lift the urgent procedure on this issue, several members had already felt deprived of their rights. And it was enough that it creates the surprise by removing the menu of discussions article, article which was amended last December and which opened the way for the GPL, that ignite minds. Additional muddle, this attempt to evacuate the subject of the global licence of debates, moreover, threatened to be minted of unconstitutionality, he had to turn around two days after and reintroducing article, which was finally rejected (in the absence of PS, PC, Greens and UDF deputies). But this Government aerobatics was enough to sow more confusion in discussions that would need to serenity, in view of the issues. "Word of Dean, have never given it!", exclaimed the UMP MP Didier Julia in the halls of the Palais-Bourbon.
Still two delicate topics
And if the Government won the first battle, which was to reject the extension of the copy to download, it still two delicate topics. The first is the interoperability of technical protection measures (MTP). In its concern to find a "text to balance", he wants to allow users who download legally able to read the file on the device of their choice. This should be imposed protection software publishers to put a portion of their software available to other publishers. The UDF group to benefit from this discussion to defend his idea of free software.
And the members of the opposition should funnel into the breach to stigmatize the stranglehold of big publishers software international, Sony, Microsoft or even Apple, on the MTP. In this context, the Government will have to defend the coherence of a text to transpose the European directive which prohibits circumventing the MTP while providing the opportunity for any Internet user to also, if publishers do not give him the means to ensure interoperability.
Then the Government will have to convince the deputies to adopt the measures of graduated sanctions. The principle is to impose a contrary to first class (38 euros) to users who download illegally and a ticket plus (150 euros) if the download is doubled for a making available. The Socialist deputies would certainly challenge this text that the application will be complicated. Indeed, the Government will leave a decree the care to clarify the scope. The amendment will be applied for each illegal download (about 900 million per year) or it will be only from a certain threshold. "In this case, it shall be no deterrent." "And in all cases, the money will go into the coffers of the State and non-artists", said Christian Paul, Member of PS. Finally, many amendments should be tabled by MEPs by syllogism, which will attempt to reintroduce the notion of global licence.