France moved one step closer to the three-strike system last week when the French National Assembly, the lower house of the country's parliament, passed the central clause of the proposed 'Creation & Internet Law', which is the bit that would set up an agency able to order internet service providers to cut off persistent illegal file-sharers if they failed to heed the warning of two letters.
Each clause of the controversial new legislation is being considered in turn before the Assembly votes on the news law as a whole later this month. Another clause, which would have seen cut off customers continue to be charged for their lost internet access, presumably for the duration of their ISP contract, was voted down. But the basic principle of three-strikes, despite some opposition in the house, was voted through.
As previously reported, New Zealand is the only other country to have already voted the three-strike system into law, though there, little thought seems to have been given at the legislative stage as to how exactly the system would work, and what rights of appeal those accused of illegally sharing unlicensed content on the net - and therefore at risk of losing their internet connection - would have. As a result, while in theory now law, the actual introduction of the three-strike rule has been delayed so that politicians, content owners and net firms can hammer out the detail.
The French proposals, while controversial, do seem better thought out. Having already been passed by the French parliament's upper house, and with the three-strike provision getting the green light last week in the Assembly, the new rules could be passed into law in France this month, meaning it could be there that the first disconnections of persistent file-sharers takes place.
As previously reported, although touted as a solution to the illegal file sharing problem over here, the ISPs are very against the proposals, and IP Minister David Lammy has questioned the viability of such a system, which means it's unlikely to be adopted here anytime soon. That said, if it does become the norm in France and it can be shown that concerns hundreds of falsely-accused net users will be unfairly disconnected are unfounded, then there will probably be a stronger argument for introducing three-strike elsewhere.
Whether it will actually combat file-sharing is another matter entirely of course. Some point out persistent file-sharers will use special software which hides their file-sharing from standard detection technology, and that even uber-detection systems won't be able to detect offline file-sharing which is sure to grow as high capacity hard-drives become cheaper and smaller. But while both those things are undeniably true, it is also likely that a few high profile disconnections, or even short-term suspensions, will make causal file sharers think twice, especially as the number of user-friendly legit music services, and the catalogues of those services, continue to grow.
While some political types and consumer groups continue to oppose the French three-strike proposals, the music industry predictably welcomed last week's vote.
International Federation Of The Phonographic Industry boss John Kennedy told reporters: "The French government has taken a decisive step to protect artists and creators, setting an example to the rest of the world. The great thing about this French initiative is that it will result in very sensible and achievable actions by ISPs to reduce piracy in a way that is overwhelmingly preventative and not punitive".
Speaking for Europe's independent labels, the Exec Chair of IMPALA, Helen Smith, added: "We see this as a great breakthrough. Independents produce 80% of all new releases and as a result suffer particularly from illegal downloading. We feel that this text reaches an excellent compromise between the interests of the fans, the music companies and the ISPs".