Digital Reactive
06-01-2004, 09:02 PM
Being ahead of the curve means taking on the estimated 3.3 million Italians who illegally share music files over the Internet. About 25 percent of people say they believe file-swapping is legal, according to a recent survey by the International Federation of the Phonographic Industry, an organization that represents 1,500 record producers.
The more than three million people in Italy who illegally download music, films, games or software from the Internet might be advised to take note that they now risk as much as three years behind bars if they get caught.
The new Italian legislation, passed on May 21, is Europe's toughest law against illegal file-sharing over the Internet. This tool now at the disposal of the Italian police has been cheered by software producers as well as the music and movie industries but also criticized as too harsh by groups that fight to protect civil liberties.
"The Italian government wants to be ahead of the curve on Internet piracy, and they certainly have achieved that with this law," said Paola Frassi, a lawyer specializing in intellectual property rights with Bird & Bird in Milan.
Ahead of the Curve
Being ahead of the curve means taking on the estimated 3.3 million Italians who illegally share music files over the Internet. About 25 percent of people say they believe file-swapping is legal, according to a recent survey by the International Federation of the Phonographic Industry, an organization that represents 1,500 record producers.
The stakes are high in the battle over the distribution of digital music, films and software. The music industry alone had global sales last year of 32 billion, or $39 billion but that is down from about 40 billion just a few years ago, before file- swapping over the Internet became a mass phenomenon. The recent boom in file downloading can be linked to the rapid dissemination of high- speed Internet connections, which have made it possible to download movies in less than 30 minutes; they used to take more than a day.
In fighting Internet piracy, Europe has been a step behind the United States, which passed a landmark law in 1998 over digital copying and has sought to encourage other countries to increase their vigilance. In the United States, somebody who distributes illegally copied music, movies or software can get five years in jail.
Moved to Strengthen
But Europe has moved to strengthen its own antipiracy statutes. Under a European Union directive passed this year, member countries have two years to adopt legislation that punishes digital thieves. In Italy's case, the law just adopted is much more stringent than what the EU had sought, partly because of pressure from the United States as well as a strong lobbying push by the Italian movie industry, according to some experts.
Consumer groups, privacy activists and other interest groups have blasted the law for unreasonably punishing small-time offenders. In response, the government now says the law may be amended to take out the prison terms for those referred to as "casual" downloaders, or people who download illegally but do not make money selling what they download. Under the previous law, people involved in illegal file-swapping could not be punished, even with a fine, unless it could be shown that they had sought to make a profit from the activity.
But even with that change likely, the anti-piracy law has its detractors.
"The Italian law is completely unbalanced toward the protection of the movie industry at the cost of limiting the freedom of Internet users," said Giovanni Ziccardi, a law professor at Milan's State University and a board member of IP Justice, an organization that seeks to make sure intellectual property rights laws do not infringe on civil liberties.
Legal Action Supported
Fifty-four percent of people surveyed in Germany, Denmark, Britain and France support legal action against "major" illegal downloaders, while 27 percent say no steps should be taken, according to another survey by the phonographic industry federation.
While some consumers do support more legal action against downloaders, music and movie industry executives say there is also the need to give people a legal alternative for downloading music. The industry federation says there are now more than 100 sites where consumers can acquire online music, compared with 20 a year ago.
One of the legal options in Italy is provided by Buongiorno Vitaminic, which has 40,000 songs that clients can download for a fee from Web sites based in six European countries. According to Lucia Predolin, the head of marketing at the company, the increasing number of legal downloading sites will help raise awareness that there are legal options.
In the meantime, Italian law enforcement has sought to increase the pressure on illegal downloaders. In January, police arrested a 35-year-old man in the southern Italian town of Cosenza who had downloaded 17,000 songs and movies and was burning them on to CDs and selling them. Whether he or others like him spend a significant amount of time behind bars will have a lot to do with how the new legislation is enforced.
"The new law brings Italy up to the level of the U.S. in legal measures taken to combat Internet piracy, but we have to see if the law is actually applied," said Giovanni Casucci, the head of litigation in Italy for Clifford Chance.
SOURCE (http://www.technewsworld.com/story/34137.html)
The more than three million people in Italy who illegally download music, films, games or software from the Internet might be advised to take note that they now risk as much as three years behind bars if they get caught.
The new Italian legislation, passed on May 21, is Europe's toughest law against illegal file-sharing over the Internet. This tool now at the disposal of the Italian police has been cheered by software producers as well as the music and movie industries but also criticized as too harsh by groups that fight to protect civil liberties.
"The Italian government wants to be ahead of the curve on Internet piracy, and they certainly have achieved that with this law," said Paola Frassi, a lawyer specializing in intellectual property rights with Bird & Bird in Milan.
Ahead of the Curve
Being ahead of the curve means taking on the estimated 3.3 million Italians who illegally share music files over the Internet. About 25 percent of people say they believe file-swapping is legal, according to a recent survey by the International Federation of the Phonographic Industry, an organization that represents 1,500 record producers.
The stakes are high in the battle over the distribution of digital music, films and software. The music industry alone had global sales last year of 32 billion, or $39 billion but that is down from about 40 billion just a few years ago, before file- swapping over the Internet became a mass phenomenon. The recent boom in file downloading can be linked to the rapid dissemination of high- speed Internet connections, which have made it possible to download movies in less than 30 minutes; they used to take more than a day.
In fighting Internet piracy, Europe has been a step behind the United States, which passed a landmark law in 1998 over digital copying and has sought to encourage other countries to increase their vigilance. In the United States, somebody who distributes illegally copied music, movies or software can get five years in jail.
Moved to Strengthen
But Europe has moved to strengthen its own antipiracy statutes. Under a European Union directive passed this year, member countries have two years to adopt legislation that punishes digital thieves. In Italy's case, the law just adopted is much more stringent than what the EU had sought, partly because of pressure from the United States as well as a strong lobbying push by the Italian movie industry, according to some experts.
Consumer groups, privacy activists and other interest groups have blasted the law for unreasonably punishing small-time offenders. In response, the government now says the law may be amended to take out the prison terms for those referred to as "casual" downloaders, or people who download illegally but do not make money selling what they download. Under the previous law, people involved in illegal file-swapping could not be punished, even with a fine, unless it could be shown that they had sought to make a profit from the activity.
But even with that change likely, the anti-piracy law has its detractors.
"The Italian law is completely unbalanced toward the protection of the movie industry at the cost of limiting the freedom of Internet users," said Giovanni Ziccardi, a law professor at Milan's State University and a board member of IP Justice, an organization that seeks to make sure intellectual property rights laws do not infringe on civil liberties.
Legal Action Supported
Fifty-four percent of people surveyed in Germany, Denmark, Britain and France support legal action against "major" illegal downloaders, while 27 percent say no steps should be taken, according to another survey by the phonographic industry federation.
While some consumers do support more legal action against downloaders, music and movie industry executives say there is also the need to give people a legal alternative for downloading music. The industry federation says there are now more than 100 sites where consumers can acquire online music, compared with 20 a year ago.
One of the legal options in Italy is provided by Buongiorno Vitaminic, which has 40,000 songs that clients can download for a fee from Web sites based in six European countries. According to Lucia Predolin, the head of marketing at the company, the increasing number of legal downloading sites will help raise awareness that there are legal options.
In the meantime, Italian law enforcement has sought to increase the pressure on illegal downloaders. In January, police arrested a 35-year-old man in the southern Italian town of Cosenza who had downloaded 17,000 songs and movies and was burning them on to CDs and selling them. Whether he or others like him spend a significant amount of time behind bars will have a lot to do with how the new legislation is enforced.
"The new law brings Italy up to the level of the U.S. in legal measures taken to combat Internet piracy, but we have to see if the law is actually applied," said Giovanni Casucci, the head of litigation in Italy for Clifford Chance.
SOURCE (http://www.technewsworld.com/story/34137.html)