Provacy Issues

The fight against internet piracy continues. We have all read the news about the American woman who was fined something like US$ 80,000 per item “illegally” downloaded from the internet. This was the highest known amount for violation of copyright.

Now France is getting into the act, too. The French parliament is about to pass the stringest rules on illegal downloads. Under the proposed legislation, a person who illegal downloads will be covered by the so-called three strikes rule. For the first violation, the illegal downloader will received a warning letter informing him that he was caught undertaking an illegal activity. Another letter, this time certified, will be sent on the second offense. Upon the third infraction, the violator will be assessed a fine equivalent to US$ 400,000 and his access to the internet will be curtailed for at least one year.

The issue here is the question of privacy. If the law is to be made effective, the French government will have to act like a big brother (ala 1984). In other words, the French government will have to monitor all internet traffic to catch illegal downloaders. Otherwise, how can they pinpoint with any accuracy the alleged violators?

The other problem is with regard internet cafes. If an illegal downloader access the web using the facility of an internet café and he downloads copyright protected materials or music, how can the French authorities catch him? Alternatively, and in connection with the second half of the penalty (denial of access to the internet), will the internal café be accordingly penalized. Worse, can it be in fact fined as being complicit to an illegal act?

I have always maintained that the great leaps in technology has upset the equilibrium in the marketplace. But I have never stopped believing that in due time, the proper equilibrium will be found. Revisions in business models will continue to be made until this equilibrium is in place. We will just have to wait and see where all these changes will bring us.