FRANCE'S DIGITAL COPYRIGHT BILL: EMBASSY EXPRESSES

UNCLAS SECTION 01 OF 02 PARIS 002824

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TAGS: KIPR ETRD PGOV FR
SUBJECT: FRANCE'S DIGITAL COPYRIGHT BILL: EMBASSY EXPRESSES
CONCERNS, GOF HOPES FOR THE BEST, BUT...



1. (SBU) SUMMARY. In response to our expressions of concern, the
French government says it expects the Senate to improve some flawed
elements of France's digital copyright legislation, but that it will
probably not stiffen the decriminalized penalties for downloading
and piracy. The bill, which the Senate will examine May 4-10, was
passed by the National Assembly in February. The Prime Minister's
media and audiovisual advisers told DCM April 24 that the GOF hoped
to "inspire" the Senate to modify articles that would authorize
private copies of DVDs and force interoperability among portable
music devices. However, they noted that the bill was delicately
balanced politically, and that the GOF hoped there would be a
minimum amount of changes. Over the last month, Ambassador, DCM and
emboffs have consulted with U.S. industry representatives and
members of the GOF, and encouraged them to continue to press key
members of the government on this legislation. END SUMMARY.


2. (SBU) In the latest of our conversations with GOF officials on
this troublesome legislation, DCM and Econoff met April 24 with
Herve Digne and Eric Gross, Prime Minister Dominique de Villepin's
advisors on media and audiovisual subjects. DCM noted U.S.
industries' concerns over aspects of the bill, and expressed his
hope that the GOF's door remains open to industry. Ambassador, DCM
and Emboffs had previously both consulted with U.S. industry
representatives as well as relayed broad U.S. industry concerns over
the bill in private discussions with the Culture Minister, advisors
in the Presidency, interlocutors in the Culture Ministry as well as
private lawyers.

Timetable
--------------


3. The legislation is to be debated in the Senate beginning on May
4, and running through May 10. Amendments are currently being
accepted until May 2. The GOF expects some form of informal
"reconciliation" between the Senate and the National Assembly
version following the vote in the Senate, but not a full-scale
French equivalent of a House-Senate Conference, nor a second reading
in the Assembly. Implementing regulation will be needed following
passage, but dates have not been determined for this yet.


4. (U) Digne and Gross told DCM they hoped to "inspire" the Senate
to substantially modify two elements that present problems to U.S.
(and French) industry: the right to a private copy of a DVD, and the
concept of interoperability of portable music players. These changes
would, Digne thought, satisfy industry concerns. Digne indicated
that Senate staffers were probably less inclined to be political on
this technical matter.


5. (SBU) However, Digne and Gross insisted that the proposed
decriminalized penalties for downloading, currently an insignificant
fine at 38 Euros, would not change for a number of reasons. DCM
asked whether the GOF truly believed that fines like that could
effectively be "dissuasive", as the EU directive requires. Digne
argued that all countries were struggling with how to balance
Internet freedoms with effective antipiracy policies. France had no
resources or interest in pursuing one-time downloaders, which was
expensive and counterproductive. Instead, it preferred to go after
those who downloaded seriously and distributed; there, the basic
fine was somewhat higher at 150 Euros (approximately USD 180). Digne
denied that the French approach would be any less successful than
that of other countries in Europe or elsewhere.

Need to Have a Law on the Books
--------------


6. (SBU) Digne said France needed to move quickly in the absence of
a legal framework and therefore there was no question of spending
more time drafting and considering the law. France was already
delinquent in its transposition of the 1997 EU directive, and needed
to respond quickly or face difficulties with the European
Commission. Also, under France's statute law, which he
differentiated from US and UK common law traditions, Digne said it
was absolutely necessary to have a law on the books as soon as
possible. He admitted that it was difficult to come to terms
legally with the rapid evolution of technology, and that no approach
was perfect. But he noted that the Government had built in a
one-year evaluation period that required the administration to
report to the Assembly after a year, with an evaluation of the law's
functioning.


7. (SBU) DCM told Digne that U.S. industries were very concerned
about the potential impact of this legislation on their business
models and their considerable investments in France. France and the
United States, he said, shared a common appreciation of the
importance of creativity and artistic and cultural expression.
Digne said that he and his colleagues had already exchanged views
with a good number of U.S. industry representatives. The text
constituted a "good balance" between the protection of authors'
rights and the right of consumers to have access to creative works.



8. (SBU) Private-sector lawyers have told Embassy that many
companies view the legislation as so unclear and poorly drafted,
that the only way to make it clearer and more effective is via legal
challenges brought after its passage. Others believe the European
Commission is also likely to challenge the law, or should be
encouraged to, when passed, in some form, as the legislation differs
considerably from other EU member state transpositions of the
Directive.
COMMENT
--------------

9. (SBU) COMMENT. As expected, our GOF interlocutors offered very
little hope that the digital copyright legislation would be
rewritten or even drastically rethought. They indicated they
remained open to drafting suggestions from U.S. industry that didn't
upset the delicate political balancing act the government has
engaged in since the controversial legislation was introduced in
late 2005. Culture Minister Donnedieu de Vabre - and perhaps even
Prime Minister de Villepin -- is intent on moving this file off his
desk as soon as possible, as it has been a political millstone for
the government from the very beginning. We have encouraged U.S.
industry to be proactive with French government officials and
Senators, as many have already done. We have offered our good
offices and suggestions to their representatives here and also urged
them to make common cause with French industry in order to influence
the Senate debate and the text. Embassy thanks Washington agencies'
input and focus on this complex issue; Ambassador and Embassy will
continue to press the issue privately at the highest level.
Stapleton