Truth Is No Longer An Absolute Defense Against Libel?!?

Is Nicholas Sarkozy One Strike Towards Losing His Internet Connection?

from the it's-always-those-politicians... dept

Thu, Feb 26th 2009 7:11am — Mike Masnick

Why is it always the politicians who are pushing for stronger copyright laws that are caught infringing on the copyrights of others? The latest is that French President, Nicholas Sarkozy, a big supporter of setting up a three strikes law in France, is being accused of violating copyright law himself. Apparently, he used the music of an American band, MGMT, at an event and in two online videos. In the US, use at an event would be okay assuming that the venue had paid a standard performance license -- but use in the video would most likely be infringement. I'm not quite sure how France's current copyright laws match up, but it certainly does seem pretty questionable for a politician going on about the harm done by people sharing music without paying for it to be doing the same. So, the obvious question arises: does this mean Sarkozy is now only two strikes away from losing his internet connection? If he believe so strongly in such things, this shouldn't be a problem, right?

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, france, mgmt, nicholas sarkozy, three strikes

38 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 26 Feb 2009 @ 7:18am

Oh come on, Mike. This is one guy. He's not going to be costing anyone a lot of money by putting up a couple videos. But piracy is about millions of people stealing music! You just can't compare one guy in France with millions of thieves.
[ link to this | view in chronology ]
- :Lobo Santo, 26 Feb 2009 @ 7:25am
  
  Re:
  My cousin, "Ze French Thief," would take offense at that!
  Vato, if the music was stolen, then only the one first person could have taken it--the others would be shit out of luck!
  :P
  [ link to this | view in chronology ]
- sf suave, 26 Feb 2009 @ 7:26am
  
  Re:
  I disagree, you can compare. Is it ok if I illegally d/l a new album, after all I'm only one man?
  
  Your argument falls flat from minute one, sorry
  [ link to this | view in chronology ]
  - hegemon13, 26 Feb 2009 @ 7:58am
    
    Re: Re:
    Um, I think you missed the sarcasm in the original post.
    [ link to this | view in chronology ]
    - Anonymous Coward, 26 Feb 2009 @ 8:04am
      
      Re: Re: Re:
      As I find again and again, it's hard being sarcastic enough in these cases. everything I say sounds like something they might actually claim. They outrun all satire!
      [ link to this | view in chronology ]
- Anonymous Coward, 26 Feb 2009 @ 8:03am
  
  Re:
  Are you a moron, Anonymous?
  This is the ONE GUY who's CAUSING the PROBLEM.
  [ link to this | view in chronology ]
- R. Miles, 26 Feb 2009 @ 8:19am
  
  Re:
  people stealing music!
  Excuse me, but how in hell can you steal an infinite item?
  
  As far as the video goes, it's absolutely stupid to be charged a fee for its use. I can understand if they sell the video with the music in it.
  
  Copyright blows. Just outlaw copyright altogether and the world will be a much, much better place.
  [ link to this | view in chronology ]
  - Anonymous Coward, 26 Feb 2009 @ 10:28am
    
    Re: Re:
    "Excuse me, but how in hell can you steal an infinite item?"
    
    Not sure, but you can do it indefinitely.
    [ link to this | view in chronology ]
- TonyJ, 26 Feb 2009 @ 10:44am
  
  Re:
  Oh yeah? Do you not recall the youtube video taken by the mother of her infant dancing to a Prince song playing on the radio in her kitchen? It was posted for family to see, but Prince and his lawyers forced her to remove it for copyright infringement.
  [ link to this | view in chronology ]
- Anonymous Coward, 26 Feb 2009 @ 11:49am
  
  Re:
  Your point is moot. Millions of people using copyrighted material of others without seeking permission or providing compensation is illegal but so is a single person doing so. The number of people has nothing to do with whether it is illegal or not. However being a public figure who is vocal in his views on copyright law he should be aware of the hypocrisy of his actions. It's not as if it would have been challenging for him to have sought MGMT's permission. I'm not arguing with you that the likelihood of any real loss of revenue for MGMT and their label would have occured as that is President Sarkozy's position not mine.
  [ link to this | view in chronology ]
  - eleete, 26 Feb 2009 @ 1:46pm
    
    Re: Re:
    "Millions of people using copyrighted material of others without seeking permission or providing compensation is illegal"
    
    Wrong in every sense of the word. Open Source contributors, CC licensed work, AND work in the PUBLIC DOMAIN are covered under copyright and not one user, downloader or sharer is illegal. Try again.
    [ link to this | view in chronology ]
- Anonymous Coward, 27 Feb 2009 @ 7:43am
  
  Re:
  Was that sarcasm? You do realise that to have millions, you need to have individuals?
  [ link to this | view in chronology ]
- Anonymous Coward, 27 Feb 2009 @ 8:58am
  
  Re:
  Holy crap are you ever an idiot! "Millions of people" are only one person multiplied many times. He is automatically part of the millions if he is one pirating.
  [ link to this | view in chronology ]
- Anonymous Coward, 10 Mar 2009 @ 1:22pm
  
  Re:
  Strange, last time I checked, each of those MILLIONS OF THIEVES are just ONE GUY.
  [ link to this | view in chronology ]
Anonymous Coward, 26 Feb 2009 @ 7:30am

It would appear that the and tags were missing from the first post, or at least that some people missed them.
[ link to this | view in chronology ]
- Forge, 26 Feb 2009 @ 8:53am
  
  Re:
  (sarcasm) and (/sarcasm), you say? OHAI.
  [ link to this | view in chronology ]
Anonymous Coward, 26 Feb 2009 @ 7:32am

It would really be nice if the filters could understand that not everything really is an html tag. there were supposed to be sarcasm and /sarcasm fake html tags in that post.
[ link to this | view in chronology ]
- eleete, 26 Feb 2009 @ 7:53am
  
  Re:
  That's not really a filter issue. The html standard is to ignore unknown tags so that they do not render in to the intended text.
  [ link to this | view in chronology ]
  - Anonymous Coward, 26 Feb 2009 @ 8:06am
    
    Re: Re:
    Use < instead of
    [ link to this | view in chronology ]
    - Proven wrong, 26 Feb 2009 @ 8:07am
      
      Re: Re: Re:
      Wow, that failed.
      [ link to this | view in chronology ]
      - Anonymous Coward, 26 Feb 2009 @ 8:12am
        
        Re: Re: Re: Re:
        Maybe try &lt;? Instead of <...? This is really kind of ridiculous...
        [ link to this | view in chronology ]
  - eleete, 26 Feb 2009 @ 8:25am
    
    Re: Re:
    I think you tried, but that may screw with the php interpreter. for now, I would just Strong the sarcasm and don't use the tags.
    
    <tag> Content </>
    [ link to this | view in chronology ]
    - eleete, 26 Feb 2009 @ 8:27am
      
      Re: Re: Re:
      So now we know, the correct syntax is
      
      <tag> Content </tag>
      [ link to this | view in chronology ]
      - eleete, 26 Feb 2009 @ 8:37am
        
        Re: Re: Re: Re:
        <sarcasm> By the way, I hold a copyright and will be patenting this so don't even think about it, lol. </sarcasm>
        [ link to this | view in chronology ]
Jesse, 26 Feb 2009 @ 7:40am

Number 3: Looks like someone is missing the irony.

Of course Sarkozy doesn't understand the implications of the laws he is proposing. If he did, he wouldn't be proposing them. I'm sure he thinks only hardened bad guys are going to be affected by this; I bet he thinks it is impossible for average joes like himself to be accused of copyright infringement.
[ link to this | view in chronology ]
RD, 26 Feb 2009 @ 8:03am

No no no
You are ALL missing the point: This kind of law ONLY applies to the COMMON MAN. This does NOT and has never intended to be applied to the ELITE, or those in government. They are, by defacto default, exempt from any such laws. You need to get your "politician-to-real-people" filters in place and read these news items for what they really mean. Come on now...
[ link to this | view in chronology ]
Anonymous Coward, 26 Feb 2009 @ 8:21am

HA HA HA HA HA , cant wait till all these arseholes get kicked off the internet and can leave the rest to us to the present while they DIE IN THE PAST!

Just gives me goose bumps thinking about how quick the RIAA would get 3 strikes and off the internet with thier own damn BS!

Boycott all these arseholes and ALL that support them...

RIAA
MPAA
SONY
BONO
PRINCE
METALLICA

the list goes on....
NOT 1 CENT!
[ link to this | view in chronology ]
Sean, 26 Feb 2009 @ 8:23am

Shouldn't that be two strikes?
I mean if he used it in two videos that should be two separate copyright violations. He should then only be one strike away from losing his internet connection.
[ link to this | view in chronology ]
- eleete, 26 Feb 2009 @ 8:30am
  
  Re: Shouldn't that be two strikes?
  Unless he had a license for that 'public performance' at the event, he's already done. Where's RIAA now ?
  [ link to this | view in chronology ]
  - some old guy, 26 Feb 2009 @ 8:55am
    
    Re: Re: Shouldn't that be two strikes?
    Unless he had a license for that 'public performance' at the event, he's already done
    
    "he" doesn't need said license, the venue does, as mike already pointed out.
    [ link to this | view in chronology ]
    - eleete, 26 Feb 2009 @ 11:28am
      
      Re: Re: Re: Shouldn't that be two strikes?
      Correction to the correction.
      You are correct, sort of. Mike said, IN THE U.S. that is the case, but I think the three of us do not know how that plays out in France. I was simply making a point in jest. Didn't mean to be misleading.
      [ link to this | view in chronology ]
Druid Man, 26 Feb 2009 @ 8:29am

Copyright violation
remember he is a rich guy with a beautiful wife. Those guys are always last on a French prosecutors list.
McCain is under fire for the same thing in the United States. Let's hope he gets a sharp lesson on copyright law from some court.
[ link to this | view in chronology ]
- eleete, 26 Feb 2009 @ 8:36am
  
  Re: Copyright violation
  Let's hope the courts receive the sharp lesson, and punishes brutally those responsible for imposing this mess on Themselves and ALL others. Then the lesson will be clear. Decrease, don't increase the reach of IP laws in the new era. I expect to see this more often. Imagine polluticians are now being painted as pirates, oh the irony.
  [ link to this | view in chronology ]
Anonymous Coward, 26 Feb 2009 @ 8:39am

It just a matter of time before their bullshit comes right back to bite them in the ass.
[ link to this | view in chronology ]
Anonymous Coward, 26 Feb 2009 @ 9:06am

Does this mean France is getting kicked of the interwebs?
[ link to this | view in chronology ]
TSO, 26 Feb 2009 @ 2:34pm

Of course, if you assume that all people are equal, but Sarkozy is more equal than others........
[ link to this | view in chronology ]
Anonymous Coward, 26 Feb 2009 @ 3:55pm

Nicholas Sarkozy...
is a hypocrite.
[ link to this | view in chronology ]
Dewey, 6 Mar 2009 @ 7:37am

Sarcasm
I guess people read the first comment and just fire off a response. I certainly appreciated the sarcasm even without the tags. But I am just one man; apparently if I were the unwashed millions I'd be sarcasm challenged.
[ link to this | view in chronology ]