After 40 hours of debates, the French National Assembly has adopted the so-called “Creation et Internet” law aimed at clamping down on the illegal downloading of copyrighted material. The Assembly also shortened the window between cinema exhibition and DVD release.

The new law establishes an independent body to protect rights holders of content delivered on the internet, the HADOPI (Haute autorité pour la diffusion des oeuvres et la protection des droits de l'internet).

The new body is empowered to shut down – as the ultimate sanction – for one month to a year the Internet access of a broadband subscriber caught illegally downloading copyrighted content if the user refuses to comply to an initial email warning then to a registered letter enjoining to stop.

In view of the fact that many households subscribe to internet service providers’ triple-play packages – internet, television and telephone services – the lawmakers decided against cutting the broadband connection itself as the ultimate sanction. Also, penalised users won’t have to pay that portion of their ISP bill that covers the (suspended) wireless web access.

To avoid penalising a household whose unsecurised WiFi connection is used by a third-party illegally downloading copyrighted material, the HADOPI can bring sanctions against subscribers who do not secure their Internet connection.

The lawmakers have given the green light to the filtering of downloadable content in breach of copyrights. A website offering such content could have its access banned in France. Such a move can only be taken by a high court judge (tribunal de grande instance).

While some skeptics have doubts as to the effectiveness of the “Creation et Internet“ graduated riposte, everyone is keen to see the legal internet service offers promoted, and the law enables HADOPI to award a ‘stamps of approval’ to compliant distributors.

While the voting on the "Creation et Internet" law was split along party lines, the National Assembly voted unanimously to modify the terms of the so-called “Chronologie des medias” that shortens to four months (three months in special cases) the window between a movie’ s theatrical exhibition and its release on DVD, currently set at six to 18 months.

The first to express satisfaction was SEVN, the French DVD and VOD video publishers. The professional body has long been campaigning for a reduction in the release window and for strong measures to combat illegal downloading as means to deny pirates time to bring counterfeits to market.

“These measures are essential to enable consumers a quicker access to content on disc and online. They provide a unique opportunity to jump-start this economic sector crippled by piracy,” says SEVN.

Story filed 05.04.09