French Recording Industry Sues SourceForge For Hosting Open Source P2P
from the yikes dept
It would appear that Société civile des Producteurs de Phonogrammes en France (SPPF), a group that represents French record labels, is now trying to sue a bunch of non-French file sharing applications, as well as SourceForge. This brings up a lot of different issues, so let's break them out one by one.- This lawsuit came about thanks to a ruling in a French court over how to interpret a French law. SPPF contends that French law says that any application that allows unauthorized file sharing is illegal. However, what was unclear, was whether or not this law could be applied to companies outside of France. The recent ruling found that, indeed, it's acceptable to extend French laws beyond its borders. This should be seen as hugely problematic just from a jurisdiction standpoint. It's difficult to see how France can claim that its laws should apply to companies entirely outside of France.
- Now that it's been allowed, SPPF is suing three companies who offer software: Vuze, Limewire and Morpheus. What's troubling is that even beyond an "inducement" standard, SPPF seems to be basing the lawsuits on the idea that if your software allows any unauthorized copying, then the software itself is illegal. Say goodbye to FTP and, well, the entire internet next.
- Finally, and most bizarrely, SPPF is also suing SourceForge, which is just a hosting platform for open source developers. The problem there (according to SPPF) is that SourceForge hosts the open source Shareaza file sharing app. It would appear that SPPF did so little research in figuring out who to sue, that it seems to think SourceForge is somehow responsible for Shareaza, rather than just hosting it.
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Filed Under: file sharing, france, lawsuits, liability
Companies: limewire, morpheus, sourceforge, sppf, vuze
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See there is the mistake right there, people are so arrogant and big headed especially when they hold power that the usually loose any common sense that they had to begin with.
Here is my question, how are they going to enforce these laws? If I am in the U.S. where laws are different how or why should I care what some French judge says and how are they going to do anything to me about it unless they want to break international laws to come and get me, although I guess the U.S. would be just as stupid to listen to them and then just send me over there.
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been using it since 2001, it be a pain to switch to a new network now.
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Re:
are they going to sure Microsoft for Msn?
Yahoo for messenger?
and Aol for messenger as well?
how about ICQ, or mIRC.
all those applications CAN be used for illegal file sharing (except for IRC those aren't exactly the most efficient way, but they fall in that category)
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Just you wait..
..then they'll sue people who make people who use hardware that runs software that can share files in an unauthorized manner!
SPPF vs. The human race! Booyah!
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Re: Just you wait..
I completely see your point. It's like those morons that sued McDonald's after they spilled hot coffee on themselves and got burned. Usually, when I spill a notoriously hot liquid on myself, it is hot, and I might burn myself. In the real world, that is called being clumsy...not being the victim of a corporate coffee skin burning conspiracy.
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Re: Re: Just you wait..
This, however, is a bad suit.
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Or do they already know, but not bring it up since, heck, they're already suing them both anyway? Nah.. that would require more sense than they apparently have.
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10/04/08 will go down as the day the last president of the united states was elected.
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No Show
SF does have a mirror in France, but its just that a mirror.
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Time to start my own French recording label
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open sauce
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How will they enforce it?
Someone in France sues someone in the US or Canada or ??? for copying a song and the cia/fbi/RCMP grab the culprit and turn him over the the Surtee.
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ya know,you know when ya know,
Just have to have Sara go over and take care of it, I here she is good hunting buddies with the French President...
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I'm shocked and dismayed
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Yea, the French court system!
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The French are Morons!!!!!!!
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Cut Em Off!
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Re: Cut Em Off!
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Re: Cut Em Off!
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Re: Cut Em Off!
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Re: Cut Em Off!
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Re: Cut Em Off!
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It has been previously noted on this site that the internet has the salutory effect of stimulating reading. Unfortunately, it does not seem to impart critical thinking skills to many who rely upon it as an important source of information.
In the law we have what is known as the "Best Evidence Rule", which basically means that the best and most reliable source of information contained in a document is the document itself, and not hearsay recollections by others that may or may not constitute an accurate representation of a document's contents.
Since I have not read the opinion (a verified English translation of course since I am not fully conversant in French), I intend to reserve judgement unitl I can locate a verified copy and read it.
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Re:
Sorry, but you are in the same boat as the rest of us. Regardless of your training in American, Canadian, or British law, it does not train you in French law. You are just being an arrogant jerk.
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Re: Re:
One benefit, you are not obliged to take the LSAT if you do not wish to practice outside of Quebec.
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Re: comment 29
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French Pop Artist
I might literally cry if I was never able to see another Alizee video again. Seriously. Hell, almost brings a tear to my eye even when I do watch it.
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Re: French Pop Artist
And while we're at it, anything with a furry in it should probably be cut off into it's own interwebs too.
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A.
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Illogical extension
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Seriously, though
I further think that this should go for any country (or state) who tries to push their law onto the internet. It's a cheap and easy way (IMHO) to deal with this type of thing, Kentucky included!
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Depressing?
As far as precendents are concerned, the U.S. already tried to shut down foreign gambling sites, so the internet jurisdiction issue is nothing new... and certainly not unique to France. China also is waging online attacks against torrent index sites outside of its borders. Seems kind of like the wild west, doesn't it?
Every country wants jurisdiction over everything but doesn't want to give up its own jurisdiction. At some point this conflict will reach a crisis and the leaders will meet in a smoke-filled room and try to resolve their differences, but since they are all ignorant they will draw up yet another imperfect agreement designed to breathe life into obsolete revenue models and the rest of us will be screwed over for another decade.
I wonder how many sales of music will be lost now that people the world over, fuming over the loss of services and freedoms unrelated to music, are going to be actively wishing the record companies to disappear?
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Well thats the end of Windows
Windows will have to go!!!
I wonder what zee frenchies are using on there computers while they are suing...
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Re: Well thats the end of Windows
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Claiming Jurisdiction Over The Internet
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Re: Claiming Jurisdiction Over The Internet
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French
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#44 is right
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Cuttin the internet line
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So, cut off france...
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Hmmm- I agree go for the IP's
Also I will stop buying French music - simple. I don't listen to any of that crap already! I mean seriously, do they really think the rest of the world want to share there pointless shit?
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Anti-Counterfeiting Trade Agreement (ACTA)
http://stopsoftwarepatents.org/forum/t-101929/acta-is-a-fuel-for-patent-trolls
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