Media Wonk

French disconnection - January 25, 2008

In his Jeremiad accompanying the release of IFPI's Digital Music Report 2008, IFPI chairman/CEO John Kennedy is effusive in his praise of French president Nicolas Sarkozy for prodding Internet service providers last year into an agreement with copyright owners to take steps to prevent illegal downloading on their networks, including cutting off Internet access to repeat offenders. "The Sarkozy Agreement, announced in November, is the most significant milestone yet in the task of curbing piracy on the Internet," Kennedy wrote. "It takes the protection of intellectual property online into new territory, requiring ISPs to disconnect copyright infringers on a large-scale, using and automated system to rest filtering technologies."

Kennedy goes on to urge governments throughout the European Union to get with the French programme. "The moment for EU legislation to be drawn up has already arrived," he proclaims. "After years of prevarication in this discussion, the French government's decision to 'seize the day' is deeply refreshing. It shows an urgency of approach that is badly needed in every market where music is today being massively devalued by piracy."

But before everyone gets carried away with the French ideal, it's worth bearing in mind that essentially nothing has happened in France since the "agreement" was announced. ISPs have not begun filtering. And the government is yet to introduce legislation to create the new "authority" that is to be charged with determining when Internet users are to be sent warnings and when they should lose their connections. Any such legislation would also likely have to pass constitutional review.

In other words, there's a long way to go yet in France before we know whether the system envisioned by Sarkozy can be made to work and is effective at stopping illegal file-trading. It could be longer still before we know whether it can effectively or practically be extended to other jurisdictions. The record companies are kidding themselves (again) if they think the Sarkozy Agreement is the answer to their problems. They don't have that long.

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