This record is a partial extract of the original cable. The full text of the original cable is not available.

181524Z Jan 06

UNCLAS PARIS 000328 
 
SIPDIS 
 
DEPT FOR EB/IPE - SWILSON 
DEPT PLS PASS USTR FOR VESPINEL 
COMMERCE FOR SJACOBS 
 
E.O. 12958: N/A 
TAGS: KIPR ETRD FR
SUBJECT:  GOF AMENDS ITS DIGITAL COPYRIGHT DRAFT BILL 
 
REF:  PARIS 8626 
 
¶1.  (U) SUMMARY. Following a legislative misstep last month, 
the GOF has now decided to revise its copyright bill, which 
would transpose a 2001 European Union Directive on copyright 
into French law.  The new texts, ordered by Prime Minister 
Villepin should address concerns expressed by consumer and 
internet users' groups as well as authors, artists and media 
companies.  These contentious issues included the rights to 
make private copies and to share music and movie files on 
the Internet.  In December 2005, a small group of 
parliamentarians had managed, in a late night vote, to 
garner support among government and opposition legislators 
to legalize peer-to-peer file sharing.  End Summary. 
 
The new proposals 
----------------- 
 
¶2.  (U) French Culture Minister Renaud Donnedieu de Vabres 
announced by e-mailed press statement on January 14 that he 
was revising his digital copyright draft bill to "strike a 
balance between copyright protection and consumer rights." 
The changes follow the French Government's decision to 
withdraw its original bill from Parliament when a small 
group of MPs from the ruling UMP Party and the Socialist 
opposition managed in late December 2005 to legalize peer-to- 
peer file sharing (Reftel).  The bill seeks to transpose a 
2001 European Union Directive on intellectual property 
rights into French law. 
 
¶3.  (U) According to French newspapers, the GOF is still 
working on the wording of the text, but the changes include 
a clear reaffirmation of the right of consumers who bought 
music or movies on CDs, DVDs or online, to make a certain 
number of private copies for themselves and their friends 
(up to five according to the latest draft).  This is in line 
with current French jurisprudence.  Another potential change 
highlighted in the French press includes a "phased" penalty 
system for small-time downloaders, starting with a warning e- 
mail and ending with fines ranging of up to 1,500 Euros (USD 
1,800).  This system is already in place for music 
downloads. 
 
¶4.  (U) The proposed new bill makes no mention of a "global 
license", which had been introduced by both opposition and 
the majority (government - UMP) party members of the 
National Assembly under pressure from consumer and internet 
users' groups.  The global license proposal called for a 
monthly fee of between 2 and 5 Euros levied on customers for 
the "right" to download music or movies online. 
 
What's next? 
----------- 
 
¶5.  (U) A Parliamentary debate on the new draft proposals 
will take place next February 7 and 8.  In the meantime, 
French politicians have begun a debate over application of 
French copyright laws to the Internet and other new 
technologies.  According to the Culture Ministry, President 
Chirac and Prime Minister De Villepin have taken a personal 
interest in the subject.  According to press reports, they 
had personally directed the French Culture Minister to 
rework his implementing draft bill.  Majority party (UMP) 
Chairman and Interior Minister Nicolas Sarkozy, has called 
for a party debate on the issue on January 23. 
 
Stapleton