TorrentFreak's Journal

Bill Presented to Council of Ministers

This week, France’s Council of Ministers was presented with a new bill that aims to more tightly regulate and protect access to cultural works in the digital age.

“Much awaited by cultural and audiovisual professionals, this text provides concrete answers to three major challenges in the field of audiovisual communication in the digital age: the protection of rights, the organization of our regulation, and the defense of public access to French cinematographic and audiovisual works which constitute our heritage,” a statement from the Ministry of Culture reads.

The bill’s aims are split into three broad sections, two of which deal with piracy matters – the protection of creators’ rights and the modernization of regulation.

Protection of Creators’ Rights

A key aim of the bill is to make it much harder for sites that profit commercially from the distribution of infringing content to operate freely. Under the current system, much focus had been placed on French Internet users using P2P networks to share content but with a shift towards other technologies, France sees a need to upgrade its toolbox.

“This bill thus strengthens the means of combating counterfeiting on the internet against streaming, direct download or indexing/linking websites, which profit from the posting of works in violation of the rights of creators,” the Ministry says.

In particular, the bill will see the creation of a centralized “blacklisting” system for blocking pirate sites, restricting their appearances in search engines, and preventing them from generating revenue from advertising, for example.

The bill also aims to establish a system to combat “mirrors”, sites that help to facilitate access to platforms blocked as part of earlier enforcement actions. In addition, France wants to create a new mechanism to deal with piracy of live sporting events, one that is able to cope with the urgency associated with preventing access in real-time.

Modernization of Regulation

In 2019, France’s Ministry of Culture revealed early plans to create a powerful authority capable of regulating both audiovisual and digital communications by merging Hadopi with the country’s electronic media regulator. Those plans are moving ahead.

“To implement these new innovative and ambitious anti-piracy tools, the bill creates a new regulator, marking both the desire to move up a gear in the fight against pirate sites and to include this action in a broader policy of regulation of online content,” the Ministry notes.

The plan is to merge Hadopi with the Higher Audiovisual Council (CSA) to create the Audiovisual and Digital Communication Regulatory Authority (ARCOM), an agency with greater powers and jurisdiction over the entire field of audiovisual content, “whether that is to fight piracy, protect minors or defend the public against online disinformation and hatred.”

The bill will now be discussed by the French Parliament.

From: TF, for the latest news on copyright battles, piracy and more.

EU Parliament Wants Pirated Sports Streams Taken Down Within 30 Minutes

ball old In recent years the European Commission has proposed and adopted various legislative changes to help combat online piracy.

This includes the Copyright Directive which passed last year as well as the Digital Services Act, which was officially unveiled last December.

These laws will have a significant effect on how online services respond to copyright infringement complaints. However, according to some, upload filters and other broad enforcement tools don’t go nearly far enough.

Next week, the Legal Affairs Committee of the European Parliament will vote on a draft resolution that goes a step further. The proposal in question is superficially tailored to deal with pirated live sports streaming, which is a thorn in the side of major sports leagues.

30-Minute takedown Window

According to the draft, prepared by rapporteur Angel Dzhambazki, sports event organizers face significant challenges in the digital environment due to piracy. To help combat this problem, online services should remove infringing content as soon as possible, within minutes of an event beginning.

Specifically, this means that current legislation should be updated to “specify that the removal of the illegal content should take place immediately after reception of the notice and no later than 30 minutes after the event started.”

According to some EU lawmakers, this proposal doesn’t go far enough and several compromise amendments have been negotiated to make the language even stronger. This includes the use of “trusted flaggers,” who may act on behalf of copyright holders.

These takedowns could be sent to streaming services such as YouTube, but they may also be targeted at hosting providers. A similar system is already in play in the UK, where sports streams can be taken down in real-time, with proper court approval.

No Court Order Needed

The EU proposal doesn’t necessarily require judicial oversight and will involve more parties. This is something sports organizers will welcome, but it opens the door to overblocking as well, which occasionally happens in the UK too.

The proposed resolution is not welcomed by all Members of Parliament. Patrick Breyer, MEP for the Pirate Party, says that he and his fellow members of the Greens/EFA Group will vote against it.

“This text reads as if it had been dictated by lobbyists in the rights holders industry, it threatens fundamental digital rights,” Breyer says.

Shorter Takedown Window Than Terrorist Content

According to Breyer, the Digital Services Act should be sufficient to deal with online copyright infringement issues. The new proposal is overbroad and excessively burdensome to online services, he adds.

“A 30-minute deletion requirement would be shorter than is foreseen for terrorist content, and outside of business hours it would be much too short, especially for small and non-commercial providers.

“Allowing private interest groups with self-interest to have content removed without review by a court would foreseeably lead to an excessive blocking of legal content as well,” Breyer adds.

Breyer informs TorrentFreak that he had submitted an amendment that called for the deletion of the new legislation. That would be the best solution in his view.

“There is no need for the specific legislation on sports streams the resolution calls for. The existing means and instruments are more than sufficient,” Breyer says.

From: TF, for the latest news on copyright battles, piracy and more.