EU Steps Up The War Against Piracy

EU steps up the war against piracy
3-strikes are out. But the EU has other plans in the drawer to get pirates to life.

The lobbyists practically besieging my office. "

So says Morten Løkkegaard, former TV host at DR and now MEP for the Liberal Party. He is just one of many, who ordinarily feel pressure from lobbyists who either want to intensify the hunt for netpirate, change the copyright or try to avoid being misled into the match.

There is plenty to fight about. As ComON will report in this article, the EU has several initiatives against pirates in the tray and MEPs can therefore look forward to a constant siege from Hollywood's lobbyists and their opponents. ComON will also talk about some key politicians' views on the pirate hunting and copyright.

EU Parliament previously attempted to impose a de facto ban on 3-strikes, but managed rightholders, France and Britain to escape a requirement that authorities must pass a court order to cloak a citizen's internet connection. Instead ended EU law to include a simple recommendation that a kappesag minimum passing an independent board à la the French Hadopi body.

Within the coming weeks, the EU will publish a Communication on the fight against netpirate. The document will reveal the European Commission's next steps against netpirate.

"At this moment I can only say that the statement will set out the future action of the internal market in order to enforce copyright, and particularly ways to strengthen the European observatory (Monitoring, ed.) About counterfeit products and piracy," said Chantal Hughes, a spokesman the responsible European Commissioner, the Frenchman Michel Barnier, European Commissioner for the Internal Market.

Future change in pirate hunting?

The EU Commission will in the same breath open a hearing on an amendment to the EU Directive on enforcement of copyright. An amendment to the Directive is expected launched a year's time. Up until then, a part of the EU's more than 10,000 lobbyists try to print ideas into the minds of officials.

Next year the EU Commission also provide two other directives that may be important for music, movies and other content industries. Many online services launched first in the U.S. and since - perhaps - in Europe, and possibly also in Denmark. Some upcoming EU initiatives might facilitate the process.

One proposal for new European legislation to improve opportunities to launch Internet content. Michel Barnier has proposed that we still have national systems of copyright, but that a 'single window' to make it easier for online services to establish itself across borders in Europe. The second directive to deal with the problem that users of content not always know the author - who should receive the money? These products are called orphans, or in English "orphan works". So far we know only that the EU is working to facilitate the ability to use orphan works for non-commercial services.

Part of the union plan is also to ensure European jobs by spreading the principles of copyright in countries outside Europe - which also happened with the ACTA treaty.

The French Connection

Commissioner French authors can reinforce the Hollywood and music industry interests, says one analyst from Brussels, who has knowledge of the EU Commission's dynamics, but who wish to remain anonymous. Actually, the EU commissioner not push initiatives through after orders from their home country, but like the former Danish EU Commissioner Mariann Fischer Boel was known for his attempts at liberalization of agricultural policies - which fell in line with Denmark's wishes - so is the French commissioner also bent on stepping up the fight, says the observer.

"Michel Barnier is friends with Sarkozy and his wife Carla Bruni," says the observer, with reference to the famous singer, as the French president is married to.

But it should probably not play a role as EU commissioners must be independent of their own countries?

"It's true, but let's say it komlicerer things," says the observer, the French connection.

The EU has apparently then a commissioner that is responsive to the rights holders. It does, however, far from that right holders can single-handedly keep fountain pens in the EU Commission. The other 26 commissioners must still approve each proposal, and then a bill passed both the EU Parliament and EU countries in the council before they can enter into force.

French opponent of the 3-strikes

Precisely the EU Parliament must be regarded as a tough nut for lobbyists from right industry. During last year's negotiations on Telecom package, and the battle on 3-strikes stood, was the French Socialist and former Minister of Culture Catherine Trautmann a vigorous opponent of the 3-strikes.

"Next year is very critical," said Catherine Trautmann, who today is deputy of the committee on Industry, Research and Energy, ITRE.

The influential Frenchman mentions among others the debate about net neutrality by the EU in the period ahead will define guidelines - ie introduce the de facto rules for the free internet and access to many network services. In addition, Telekom package fall into place as the law in each country. She believes - like others - that there will not be moved by the principle of 3-strikes where it is recommended that only an independent tribunal today may cloak citizens Ethernet connection.

"It becomes very difficult for anyone to remove this solid foundation," she says of Telekom Package.

Musicians and filmmakers must find new ways to make money, says Catherine Trautmann. She does not believe that such P2P users will go down in music stores again if they are threatened with punishment. What she said to the Noteholders in the negotiations on 3-strikes in connection with Telekom package, she explains.

You want to kill us
Rights holders, in turn, Catherine Trautmann as an enemy.

"They said I wanted to kill them. It was very hard for me because I was once Minister of Culture. But I told them that they will have to create a new system - or else they die. If they want a good law, then they must learn to understand the world they live in. It's easy to want to preserve a system, but it is much harder to create a new, "said Catherine Trautmann.

She even mentions the idea of "global license" as an option. In France, some socialists proposed to introduce the system allows, for example P2P users may lawfully against file sharing that they pay a fixed fee as part of their internet subscription.
Her point that it is difficult to create a new system, however, they really sign up sharply since ComON ask the French top politician, how she imagines that a "global license" would be introduced.

"We're not ready yet and if you join something, then you have immediately the whole controversy," said Catherine Trautmann, who then only provisionally invite right holders and consumers to a debate on the future rights-system.

Danes are besieged by lobbyists

Two of the Danish EU politicians who are involved in the struggle, the copyright is left man Morten Løkkegaard and Social Democrat Christel Schaldemose. They are both out for the lobbyists approach them to ask for a meeting. It may be lobbyists who are paid for by Hollywood. Motion Picture Association of America - hating the object of many pirates - have an international department where the last part of the name has been abandoned, so they called the Motion Picture Association (MPA). They are active in Brussels. Also Johan Schlüter, lawyer from the Danish Anti-Piracy Group, has had a meeting with Christel Schaldemose. Telephone companies are also fat into question because they fear they may end up like pirate police, as already seen in countries like Ireland. There are also organizations that work with pure IT issues and therefore are interested in copyright. BEUC, the Danish Consumer Council is a member, is also active. Consumer Organisation is trying to avoid schemes like 3-strikes and instead get better and more products.

"It's great the area I have seen most lobbyists on. It is quite overwhelming. It was from day one. Both in numbers and fervor, that is commitment," says Morten Løkkegaard who joined the parliament last year and has among its seat in Culture.

Coming lobbyists with wishes for what they want?

"No, it's not that they say: We, we have this or that. Most lobbyists are more advanced," explains Morten Løkkegaard.

Against him presents only their interests to ensure that he knows them and their beliefs, explains left politician. He gets so many requests for meetings on copyright that he must reject anyone if he feels that he has already had presented views from the same camp.

"It's hard to get to. We have little time, and there are many people," explains Morten Løkkegaard.

The former media man who now has become a powerful man, has already been involved in a committee's work on enforcement of copyright and also expect the future to engage in conflict. He believes that it is important to standardize the rules across the EU so there are as many copyright rules as there are Member States.

"It would be a great advantage if you can make a big regime," said Morten Løkkegaard about the possibility of joint copyright rules.

But when common copyrights rules and sensible forretninsmodeller in place, there must also be a consequence, that is a punishment for people who illegally download files, he says.

"There is a whole generation of young people who do not understand that what they are doing is illegal," said Morten Løkkegaard which, however, clearly rejects 3-strikes as punishment.

"Clarity, consistency and so also smart models. The key word for me," encapsulates Morten Løkkegaard its approach to rights issues.

A lot of money at stake

Socialdemokraten Christel Schaldemose sits on the committee for the internal market, which must also be addressed specifically to many of the initiatives that Commissioner Michel Barnier throw on the table. Committees are parliamentary machinery, where most details of the legislation is to fillet and therefore get the committee members strong interest from lobbyists.

"I am aware that there are a lot of money at stake," says Christel Schaldemose that may well fear that copyright holders can attempt to win support for models such as 3-strikes.

"Therefore there is no one stop this before it is determined that we do not accept 3-strikes," says Christel Schaldemose who is disappointed by a report from the European Parliament this fall did not criticize 3-strikes.

She explains that she tries to listen to all the camps and their lobbyists, but quickly finds himself out who she should listen most to. In cases around netpirateri it may be consumer organizations.

"I fear that you shoot with cannons against sparrows," said Christel Schaldemose about his position on 3-strikes.

EU as a club

On the whole listening Christel Schaldemose like for people who have no direct commercial interest in a case, she says. One of them could be the Frenchman Jérémie Zimmermann. He is the driving force behind the blog La Quadrature du Net, which has established itself as one of the most famous European supporters of the free Internet, the right to access and a fundamental reform of the copyright system.

"I am not a lobbyist," said Jérémie Zimmermann, who would rather see themselves as part of a civic movement.

He has from time to time direct contact with politicians, but most are trying to fan the flames of other netaktivister for example by getting them to contact their politicians. They succeeded to such a degree during the fight on 3-strikes that politicians were just as many mails and calls from citizens that they would only normally would have when it comes to animal welfare.

Jérémie Zimmermann was one of the most vigorous proponents of an EU ban on 3-strikes. ComON have asked him why France, according to him should not be allowed to take network access from netpirate without being bothered by the union. His answer is that actions against netpirateri not just a domestic issue.

"Entertainment industry lobbyists are using the world what we call" legislative bootstrapping. "So establish a law of a country to justify its application," says Jérémie Zimmermann.

"The EU can remind members that some principles should not be approached," says netaktivisten

The lobbyists in Brussels

Telephone companies (ETNO, Vodafone, British Telecom) do not want to be pirate police. They are in principle indifferent to whether a few people lose their network access, but they do not want to spend money and personnel to investigate illegal file sharing. Telcos with their own network is also trying to fight back hard principles of net neutrality - their attitude is that they have invested in networks and therefore must themselves decide whether they will give one example, traffic priority over another. According to La Quadrature du Net also has the British telecom regulator Ofcom acted as a lobbyist.

Hollywood (MPA) and music industry are trying to get authorities to crack down on piracy. Each time a person downloads a movie or song, they lose money, they say.

Consumer Unions (BEUC) trying to get served a huge variety of music, movies and more delicious for consumers and is also opposed measures like 3-strikes, which can deprive citizens the right to access.

Others with an interest in the hunt for pirates and other rights protection issues, large software firms like Microsoft and especially Digital Europe, bringing together technology companies.