Spring, 2006: P2P Downloading is Now Legal in France

Another Victory for P2P File Sharing

February, 2006
by guest author and technology specialist, Joanna Gurnitsky

The P2P community has won another victory in favor of file sharing. Following in the footsteps of Canada, France is now the one other country where online file sharing is legal, at least for the time being.

As of February 2006, France's legal system has recognized downloading and uploading of copyrighted files as legal, on the provision that it is for personal and non-commercial use.

This is a second international victory for peer-to-peer downloading, with the first legal success being Canada's 2004 ruling. On March 31, 2004, Canadian Judge von Finckenstein ruled that it is not illegal, under Canadian copyright laws, to share music because these files are not actively being advertised or distributed.

"I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy (of a song) on a shared directory linked to a P2P (music sharing) service.", stated Judge Von Finckenstein in his landmark ruling.

In December 2005, the District Court of Paris' Judges concluded that the uploading and downloading qualifies as "private copying". This verdict is being appealed by Société Civile des Producteurs Phonographiques (SCPP), a French record producer association. But for now, the ruling has been made public and the law will stand in France for the time being.

French parliament will discuss the possible full legalization of P2P. If approved, it would be based on a monthly fee of about €5 added to the user's Internet access fee. If implemented, it would take form of a compulsory license.

Strong opposition from the entertainment industry is being voiced against the "P2P for a fee" concept. There are other concerns as well: fairness to both users and content owners, and "legal jurisdiction" topping the list.

If, and when, this process becomes a law, French file sharers will undoubtedly celebrate their P2P freedom. Until then, regardless of where you reside, please be aware of the copyright infringement laws of your country.

Read more on this landmark French ruling here.