French Voters Warned To Stay Off Social Media Lest They 'Crash The Election'

from the not-likely dept

Update: Apparently the Guardian made a translation error, and the French 'bugger' is actually borrowed from the English 'bug' (as in computer bug) and just means 'crash'.

Last year, we wrote about a situation developing in Canada, where a strict reading of legacy election laws made it illegal for east-coast voters to discuss exit polls on Facebook or Twitter until polling stations across the country had officially closed. Now, the Guardian reports that a more or less identical situation has cropped up in France, where newspapers and regulators are warning citizens to keep mum about early results in the upcoming presidential election.

French law prohibits the media from publishing polls or exit surveys between midnight on the Friday before election day until all the voting stations have closed on Sunday – 8pm in cities and 6pm in towns.

This is strictly upheld. Because of time differences, French voters in overseas territories and departments, such as Martinique and Guadeloupe, will have gone to the polls the previous day; knowing early results in areas where the outcome is expected to be close could influence last-minute voters.

The French commission for opinion polls has ruled that Twitter and Facebook fall within the legal definition of media and are bound by the law.

The Journal du Dimanche headlined an article about the situation: "Twitter fera-t-il bugger l'élection?" (Will Twitter bugger crash the election?)

As we noted last year with regard to Canada, such laws are holdovers from a time when the national media was controlled by a few key players. In the modern world, where everyone is the media, they are completely impractical. And indeed, as the Canadian election wrapped up, it became clear that citizens were completely ignoring the rule, even going so far as to set up a website dedicated to aggregating such tweets. In fact it seemed that the law actually drove more people to share early results online—and then the whole story sort of fizzled, when Elections Canada admitted that they only investigate and enforce the law in response to specific complaints.

As the Guardian notes, such a law is perhaps more significant in France, where the overseas territories mean the polling window spans two days. But, whatever arguments there may be for protecting the sanctity of elections, the law is still unenforceable. I suspect we'll see the same disregard in France as we did in Canada—and probably the same lack of repercussions, depending on the outcome of the vote. Someday, somewhere in the world, we may see a close election get contested on the grounds that such a law was broken—and that will spark a huge debate about the role of social media and the internet in election polling. But for now, it's unlikely that many people will heed the warnings and alter their behavior.

Filed Under: election, france, social media
Companies: facebook, twitter

Hadopi Accused Of 'Massaging' The Numbers To Make Anti-Piracy Activity Look Better

from the oops dept

We just wrote about Hadopi's back slapping report about how much it had reduced "piracy." We noted that what was really telling was the fact that revenue was still declining. However, as more people look at the details of the Hadopi report, even the numbers they provide are looking less and less credible. Monica Horten from IPtegrity looks at a few different sources that raise serious questions about the Hadopi report. What the analysis shows is that P2P file sharing is still increasing in France. The "decline" is not in absolute numbers, but in relative numbers, compared to other sources -- such as streaming. And streaming has gone up quite a bit. An analysis in the French publication Le Figaro highlights how P2P and streaming appear to have basically flip flopped:
On top of that, France Telecom, who has said that P2P use continues to grow, has also noted that it saw "a marked increase in levels of encrypted traffic since the Hadopi notice-sending began," suggesting that there's plenty of file sharing going on via encrypted channels that Hadopi simply can't track.

Furthermore, Horten points to a Numerama report that highlights the fact that Hadopi's numbers come from the IFPI and ALPA. ALPA is a French anti-piracy organization. In other words, organizations who have a long history of fudging their own numbers. You would think, if the data was really showed that Hadopi was having an impact, its numbers would be a lot stronger.

Filed Under: france, hadopi, p2p, sales
Companies: france telecom

Is There Any Value In Cracking Down On 'Piracy' If It Doesn't Increase Sales?

from the just-saying... dept

Hadopi, the organization set up in France to administer its three strikes law (kicking people offline based on accusations -- not convictions -- of copyright infringement), has put out a new report looking at how things are going 17 months after its creation. It highlights a bunch of benchmarks to suggest that infringement is dropping and that people are no longer visiting file sharing sites. The report links to a bunch of reports showing a decline in traffic to those sites. They even include some data on traffic to sites like Megaupload -- despite the fact that cyberlocker downloads are not covered by Hadopi. However, as the TorrentFreak link above points out, it's worth noting that even if this is true, it hasn't turned into revenue:

For more than a decade the entertainment industry has claimed that digital piracy is the main cause for the gradual decline in revenues. So if piracy is down massively in France, one would expect that the revenues are soaring, right? But they’re not.

If we look at the French music industry we see that overall revenues were down by 3.9 percent in 2011.

Likewise, the French movie industry is still going through a rough period with revenues dropping 2.7 percent in 2011. Ironically, an industry insider even blamed online piracy for this drop.

To sum it up. in 2011 online piracy was slashed in half according to the Hadopi report, but despite this unprecedented decline the movie and music industries managed to generate less revenue than in 2010. If we follow the logic employed by the anti-piracy lobby during the past decade, this means that piracy is actually boosting sales.

Now, we've been pointing out for years that spending so much time and resources on reducing infringement is pretty pointless if it doesn't lead to an increase in revenue. And it appears that such a revenue increase isn't magically appearing (just as we predicted). Now, of course, there was that report that was trumpeted by Hadopi supporters claiming that there was an increase in iTunes sales, but the details showed that was correlated to new releases in Apple products (and Christmas) more than three strikes. And this new report actually shows just how little the iTunes boost really was. It has a chart showing different music services and how their usage has changed in France during Hadopi's existence: What you see... is kind of a mixed bag. iTunes usage increased just slightly -- but not that much at all, considering the numbers the reports brags about concerning decreases in infringement. You do see a big jump on two services: Beezik and Spotify, both of which allow for the ability to listen to music for free. You also see decreases in traffic to Deezer and Universal Music. If the industry was right that reducing piracy would magically boost all of these alternatives, there would certainly be a more noticeable trend. This really raises significant questions as to what's the point of all of this. Implementing Hadopi cost French taxpayers quite a lot of money and if it's not actually helping the industry, what good is it?

It just comes back to that same important question: which is more important? Reducing infringement or increasing revenue? The industry has acted for years as if the former is the most important (and when we ask this question, they insist that the former would lead to the latter). Yet, now the evidence doesn't appear to support that. If anything, Hadopi's report, while patting itself on the back for reducing infringement, really highlights just how useless Hadopi has been and what a waste it's been for both French taxpayers and the French entertainment industry that has supported it so strongly.

Filed Under: france, hadopi, piracy, sales

Sarkozy Seeks To Criminalize 'Habitually Visiting' Websites About Violence

from the thought-police dept

Wizz points us to a speech that French President Nicolas Sarkozy recently gave in response to the death of the suspect in the Toulouse murders after the police shot him as he tried to escape, when they raided his apartment after a 32-hour standoff. As part of the speech, Sarkozy decided to use it as an opportunity to push for more anti-internet legislation, including a plan to criminalize visiting certain websites too often. Here's the video in French, with his comments coming around 2:20. Translating the key line, he says:

Anyone who habitually visits Internet sites that advocate terrorism or carrying calls for hate or violence will be punished under criminal law.

It appears that there is already a law in France that similarly makes it a criminal offense to "habitually" visit child porn sites, and this is a push to expand that same law to terrorism, hate and violence sites (original French). Of course, there are all sorts of problems with this. Obviously, accessing child porn is a strict liability kind of thing, where it's clearly illegal. Merely reading about terrorism, hate or violence is not.

Also, there's a question of how do you know if someone "habitually" visits such sites, raising fears that Sarkozy wants to implement a pretty broad deep packet inspection spying system to make this work. This has, quite reasonably, raised significant concerns among human rights/free speech activists (original French) about just what Sarkozy is actually planning. Others point out that such a law almost certainly wouldn't pass French constitutional scrutiny.

Either way, just the idea is quite a dangerous leap. Criminalizing the visiting of websites because they contain information? If the content itself is illegal, go after those who create the website. Going after people for reading it reaches towards the level of establishing thought police. It also seems to greatly overestimate (as many politicians do) the power of a simple website to convince people of certain things. We see the same thing in the US with Senator Lieberman's grandstanding against terrorist content, which he wants banned and blocked in the US as well. It seems to assume that people are all complete suckers who, as soon as they read a terrorist pitch, automatically become terrorists. In reality, all they're really doing is legitimizing much of this ridiculous content, by suggesting that it really is "dangerous" and somehow must be criminalized.

Filed Under: censorship, dpi, france, hate speech, nicolas sarkozy, surveillance, terrorism, violence, visits, web sites

One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net

from the equal-before-the-law dept

The governmental body that oversees France's "three-strikes" law, HADOPI, has already been caught once infringing on the copyright of others -- by using a logo designed with unlicensed fonts. Now it's been spotted using photographs without respecting the so-called "moral rights" of the photographer, which include the right to attribution (French original), absent on HADOPI's site. Such moral rights are taken very seriously in France, where they are automatic, perpetual and cannot be waived (unlike in some other jurisdictions, such as the United Kingdom.)

As with the earlier slip, the current example shows just how easy it is for someone to infringe on copyrights through error or oversight. Of course, HADOPI doesn't accept either excuse when it's a matter of sending out its famous warnings, or disconnecting people from the Net. So, in the spirit of fairness, it would be unjust to grant itself any leeway either.

That makes two strikes against it so far; let's hope it's more careful in the future, or it will obviously be forced to cut off its own Internet connection to set an example to the rest of France.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Filed Under: copyright, france, hadopi
Companies: hadopi

Do You Need Permission To Take A Photo With A Chair In It? You Might In France...

from the exactly-wrong dept

The British Journal of Photography (BJP) brings us yet another story of aggressive assertion of copyright wreaking harm on artists -- the very people it allegedly empowers. It concerns some photos in Getty Images' stock library that have chairs in them. Because a few of those chairs are "famous" in the sense that they were produced by a couple of designers that worked with the architect Le Corbusier, the heirs of those designers, together with the Le Corbusier Foundation, have sued Getty Images in France for copyright infringement -- and won:

"Basically, there are two notions of copyright going against each other in this particular case," says [the plaintiffs' lawyer] de Leusse. "Photographers' copyright, and the designers' rights. Very much like a photographer needs the authorisation of people featured in their photos before selling them, they also need the authorisation of the intellectual property rights' holders when it comes to works of art such as these objects."

That, of course, raises the question: when is a chair -- or any other object -- a work of art? Because the logic of the court's decision would seem to be that before you can take a photo of any "work of art", you must get permission from the rights holder -- but knowing when that is necessary is difficult.

Getty Images is apparently trying to push that problem on to its contributing photographers, judging by an email sent to them, and reported in the BJP article quoted above:

You are responsible under your agreements with us to submit only content for which you have the necessary rights. Using this case as an example, while you may hold a copyright in a particular image or clip, if it contains even a fraction of a Le Corbusier piece then you may not have all the necessary rights under French law to provide that content and therefore may be liable for copyright infringement under French law in respect of the furniture featured.

This ruling will surely lead to an escalation of claims in France against photographers for daring to "infringe" on the rights of someone by including "even a fraction" of an object in their photos -- perhaps unwittingly. Which, in its turn, will inevitably have a chilling effect on photographers' spontaneity and choice of subject-matter, as they try to avoid getting sued by shooting only the most generic of objects, and under tightly-controlled conditions.

And so, once again, the assertion of an intellectual monopoly will lead to an overall reduction in creativity, with both artists and society losing out -- exactly the opposite of what it is supposed to happen.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Filed Under: chairs, copyright, france
Companies: getty images, le corbusier

Recording Industry Can't Wait To Start Kicking People Offline In France For Listening To Their Favorite Songs

from the yeah-that'll-work dept

As we reported last week, the French agency in charge of scaring internet users with the threat of potentially losing their internet connections based on accusations (not convictions) of copyright infringement has finally started passing on "third strike" notices to prosecutors, to see if they choose to start kicking people offline. The NY Times has an article discussing this latest step in a manner that repeats a bunch of the record labels' favorite talking points, and seems to accept a number of the industry's claims without question (a practice that is becoming way too common in the pages of the NY Times lately).

Studies show that the appeal of piracy has waned in France since the so-called three-strikes law, hailed by the music and movie industries and hated by advocates of an open Internet, went into effect. Digital sales, which were slow to get started in France, are growing. Music industry revenues are starting to stabilize.

These are all stated as if it's clear that the three things are connected, even though the evidence there is lacking.

“I think more and more French people understand that artists should get paid for their work,” said Pascal Negre, president of Universal Music France. “I think everybody has a friend who has received an e-mail. This creates a buzz. There is an educational effect.”

This is wishful thinking on the part of Negre. Multiple studies have shown that piracy is almost never an educational issue. It's not about people needing to "understand that artists should get paid for their work." As we've seen time and time again, if you give fans a good reason to buy, fans have no problem spending (and spending big) on artists. As for "the buzz" created by Hadopi emails, from what the various reports we've heard out of France are saying, much of that "buzz" is around how to make use of VPNs and other tools... as well as how to use cyberlockers and such tools that are not (yet) covered by Hadopi.

Eric Walter, the secretary general of Hadopi, said that the relatively low number of third-stage offenders showed that the system had succeeded.

“Our work is to explain to people why piracy is a bad thing and why they should stop,” he said during an interview in the agency’s nondescript headquarters behind the Montparnasse train station in Paris. “When the people understand that, they stop. Of course, some people don’t want to understand. Then we have to transfer their dossiers to the justice system.”

Again, this assumes that piracy is merely an educational issue, and people would just stop infringing if they only knew that it was illegal. Yet there's little evidence to support that claim. Most kids understand that it's illegal, but it doesn't make a difference to them.

A report commissioned by Hadopi, which has a budget of €11 million and employs 70 people, showed a sharp decline in file-sharing since the system was put in place.

A separate study by researchers at Wellesley College in Massachusetts and Carnegie Mellon University in Pittsburgh suggests that Hadopi has given a lift to legal downloads via the Apple iTunes music store. Since the spring of 2009, when the debate over the measure was raging, through mid-2011, iTunes sales rose much more strongly in France than in other European countries.

Oddly, the NY Times fails to name the study or its authors, or link to the actual study. But we will. It's The Effect of Graduated Response Anti-Piracy Laws on Music Sales: Evidence from an Event Study in France, by Brett Danaher, Michael D. Smith, Rahul Telang and Siwen Chen. If this study sounds familiar, it's because it's the one the IFPI has been hyping in support of similar laws. It's also the report that isn't nearly as strong as the IFPI (or the NY Times) insists and has been pretty thoroughly debunked for anyone who uses it to claim that Hadopi's notice system educated people into buying from iTunes. As some have pointed out, the actual data shows the "change" in sales behavior (relative to other countries) happened way before Hadopi came into effect. And... when Hadopi actually started sending out its notices? No noticeable impact.

That kind of takes the wind out of the sales of the two folks quoted above who insist that it's the educational nature of the notices that leads to the increase in sales. And, as we reported last month, when Le Monde took the same data and plotted it against announcements about new iPhones or Christmas, it found a much stronger connection, suggesting the increase in sales had little to do with Hadopi and much more to do with more people having iPhones.

These are the kinds of things that you would think the NY Times might note. But it does not.

There is other evidence in Europe that tougher online copyright enforcement can lift media industry revenues, at least briefly. Music sales rose 10 percent in Sweden in 2009, for example, after the country tightened up its copyright laws, bringing previously lax standards into line with E.U. norms.

Mr. Negre, at Universal Music, said it was probably no coincidence that Sweden and France had produced the two big European success stories in the legitimate digital music market: the streaming services Spotify and Deezer. These companies — the former was founded in Sweden, the latter in France — resemble pirate sites in that they give users access to millions of songs free, at least for their basic services.

This may be the most ridiculous claim of all. First off, Deezer, in France, launched back in 2007, or about four years before Hadopi went into effect. Similarly, Spotify launched in Sweden in 2008. The IPRED law in Sweden? Went into effect in 2009. In other words, both of these services pre-dated the laws, rather than post-dated them as Negre from Universal Music implies. And, perhaps that also has a lot more to do with the rebound of some parts of the recording business in both of those countries. After finally allowing services to offer fans what they wanted, should it be any surprise that they actually are happy with that? Oh, as for the claim that IPRED reduced file sharing in Sweden? Reports had the amount of sharing traffic surprassing pre-IPRED numbers within months. It may have suppressed infringement briefly, but not for long. Of course, it's worth noting that much of the effort has been focused on movies. With music, thanks to Spotify, the reasons to infringe are almost gone.

And, really, that should be the key lesson we're talking about here. If the industry stops meddling and starts letting companies treat their customers right and provide them with more and better ways to consume, they will do so. Playing wac-a-mole, kicking people offline and scaring them is no way to build a long term business.

There are two other really interesting bits later down in the article. The first is that Sarkozy's opponents in the upcoming election all seem to want to dump Hadopi, demonstrating just how unpopular the law really is in France. Then there's the fact that Hadopi appears to have been caught sending notices to the wrong people:

Mr. Thollot argued that someone had pirated his log-on to a nationwide Wi-Fi network and downloaded the material while he was in class. After interviewing him, Hadopi dropped his case.

“It’s like when someone steals your bank card number,” said Renaud Veeckman, co-founder of SOS Hadopi, an organization that offers legal help to people who have received warnings from the anti-piracy agency. “Are you responsible, or are you the victim?”

SOS Hadopi has worked with five people whose dossiers have reached the third stage, including Mr. Thollot; all five have been cleared before going to court. This suggests that the actual number of cases that have been forwarded to the justice system may be considerably lower than the 165 third-strike offenders cited by Hadopi. Mr. Walter at Hadopi declined to provide a specific figure.

This part especially should raise significant questions about the quality of the information being used. Because, so far, it sounds like a big joke... other than the fact that some people might lose their internet connections over it.

Filed Under: france, hadopi, itunes, nicolas sarkozy, sales, statistics
Companies: universal music

Twitter Suspends Four Accounts Critical of Sarkozy: Is This What He Meant By 'Civilizing' The Net?

from the what's-going-on-here? dept

Nicolas Sarkozy, who hopes to be re-elected as French President this year, seems to have little love for the Internet. At best, he regards it as a "Wild West" that needs taming. Despite that, Sarkozy joined Twitter last week -- you can follow him @NicolasSarkozy. Posts are mainly written by his re-election team, although there seem to be a handful of personal tweets (marked "NS"). But at least he's finally engaging with the new medium on its own terms.

Or maybe not:

The morning after French President Nicolas Sarkozy announced he will run for a second term, several parodic Twitter accounts have mysteriously been suspended. @_nicolassarkozy , an account created in September 2010 and clearly labeled as a satirical Sarkozy impersonation, was suspended on Feburary 16th.

The account was run by the French website kaboul.fr:

According to Kaboul.fr, which, after complaining, received an answer from Twitter, @_nicolassarkozy was "suspended after being reported." Twitter also told Kabul.fr that to be granted such priviledge, the suspension had to be made by Sarkozy, or someone acting on his authority.

Twitter's official response has been leaked:

We have received a valid report that your account, @_NicolasSarkozy, is engaged in non-parody impersonation. Although Twitter firmly believes in the freedom of expression, impersonation that misleads, confuses, or deceives others is against the Twitter Rules (http://twitter.com/rules). Your account has been temporarily suspended due to violation of our impersonation policy.

The key issue here seems to be possible confusion, since Twitter's guidelines on Parody, Commentary, and Fan Accounts state:

In order to avoid impersonation, an account's profile information should make it clear that the creator of the account is not actually the same person or entity as the subject of the parody/commentary. Here are some suggestions for marking your account:

Username: The username should not be the exact name of the subject of the parody, commentary, or fandom; to make it clearer, you should distinguish the account with a qualifier such as "not," "fake," or "fan."

Name: The profile name should not list the exact name of the subject without some other distinguishing word, such as "not," "fake," or "fan."

Maybe the account @_NicolasSarkozy has fallen foul of those rules, although it's hard to believe anyone would mistake a parody of Sarkozy for the real thing - it was not an "impersonation". But what about the other accounts that were suspended?

three other accounts, all clearly opposing Sarkozy's political views, were suspended at the same time: @mafranceforte, @fortefrance and @SarkozyCaSuffit. Those accounts where not related to Kaboul.fr, nor impersonating local politician, but straight-ahead, and recently-created, politically-oriented Twitter accounts.

"La France Forte" -- "Strong France" -- is the slogan for Sarkozy's campaign, prominently displayed on his Twitter page, so the use of the phrase for Twitter accounts might be seen as confusing. But again, the content would surely tip people off that it was a parody. The last of the four accounts that were suspended recently is @SarkozyCaSuffit -- roughly translated as "Sarkozy, That's Enough". It's clearly what Twitter calls a "Commentary" account, making a very obvious comment about a political figure - no question of "impersonation". Unless there are any other grounds for doing so (and so far there don't seem to be any), removing it looks like pure political censorship in favor of Sarkozy.

We don't know at this stage exactly who asked for these four accounts to be removed, only that according to Twitter's rules it must have been done "by Sarkozy, or someone acting on his authority". We asked Twitter about this and it refused to provide specifics on why the accounts were closed or the timing, other than to say that just because the accounts were suspended in the same general time frame, it wasn't necessarily for the same reason.

Be that as it may, the near-simultaneous closure of four accounts all critical of a powerful national politician inevitably reminds us that for many countries, "civilizing" the Internet often comes down to censoring it. It's worrying to see France apparently starting to go down that route -- and for Twitter to be helping it.

Update @_NicolasSarkozy has been unblocked, but the other three are still suspended.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Filed Under: france, free speech, nicolas sarkozy, satire, terms of service, twitter
Companies: twitter

Hadopi Sends Info On Those Accused (Not Convicted) Of Repeat Infringement On To Prosecutors

from the kicking-you-off-the-internet dept

You may remember last fall's numbers concerning how many first, second and third strikes Hadopi, the French agency in charge of kicking people off the internet for possible copyright infringement, was sending out. Now come reports that France is finally moving beyond just the strikes, and has passed along info on those accused (not convicted) of infringement to "prosecutors" for the next stage, which could result in them losing internet access.

The report also notes that Nicolas Sarkozy, who was the original champion of three strikes plans, is already looking to expand the law to go after cyberlockers rather than just peer-to-peer, as is the case with the current Hadopi plan, apparently. I'm sure, in an effort to support such a move, politicians will push the misleading claim that Hadopi has actually worked, even if the actual data suggests what really worked was wider availability of legitimate services and tools.

Filed Under: disconnect, france, hadopi, infringers, prosecution, three strikes

French Court Fails Digital Economics; Claims Free Google Maps Is Illegal

from the yeah,-google's-going-to-jack-up-the-price? dept

Three years ago, we wrote about Bottin Cartographes, a French mapping company, suing Google because Google offers its Google Maps product (mostly) for free. Bottin argued that this was unfair competition, and suggested that it was a version of dumping -- whereby Google was giving away the product to intentionally wipe out the competition, at which point it would raise prices. Amazingly, an economically clueless French court has now agreed, and told Google to pay a fine and damages for its nefarious practice of giving away a product "for free." This is, to put it mildly, ridiculous. Is there any example of Google first wiping out all competition in a market with a free product... and then suddenly jacking up its prices? Yes, Google recently started charging for those who uses its mapping API a lot, but there's nothing, whatsoever, to suggest that the use of free here is somehow an anti-competitive move, rather than just a recognition of a wider strategy. In the meantime, if Google offering free maps in France is somehow illegal, you have to wonder what they think of a project like OpenStreetMap?

Filed Under: antitrust, competition, france, free, maps
Companies: bottin cartographes, google