The network INTERNET, originally reserved for the military communications networks USA and a little later at the universities, was opened to the public in 1994 and, to this day (March 2002), it must rely more than six hundred million people in more than a hundred countries.
The official figures were 377 million in September 2000, and 513 million in August 2001, Mr. divided into 4 for Africa, 144 million for Asia-Pacific, 154 million for Europe, 4.25 M the Middle East, 181 million for USA and Canada, 15 million for Latin America. For 2004, is projected 720 million Internet users: North America: 200 million Latin America: 60 million, Africa: 10 million, Asia-Pacific: 230 M, Europe: Mr. 220 (France: 18.4 M) . For 2007, forecasts, always a little uncertain, about 840 million subscribers, of which 17.1% in high-speed (ADSL and the like).These data are cited in a study of “Gartner Group” included in the newspaper “Les Echos”, 30 December 2003.
At the moment, the legal status of the Internet remains surrounded by a certain vagueness. The international character of the network, the absence (until recently) by any regulatory body, except, however, ISOC, the Internet Society, whose powers are limited, but still provides a certain Coordination between the “providers”, ie “ISPs” (generally known as ISPs, ISPs), such as Compuserve, AOL , Wanadoo, OnLine, to name just a few among many others, the refusal of a large proportion of users to accept any censorship and any coercion with regard to respect for the rights of authors and privacy, have not resulted so far to establish a “code of the Internet.”
It is clear, however, that the USA, as written by a major newspaper in the morning, “refuse to make cléfs Net” (3). The fact that the Internet was born and developed in the USA should not give them a monopoly, but in practice the operation of networks is based on “root servers”, (13 in all 10 of the USA) and particulier ICANN (Internet Corporation for Assigned Names and Numbers) which is attached to the DOC, Department of Trade USA. It is this body that assigns and registers domain names that meet huge directories magnifying dramatically but controlled, identifying each site by a “domain name” and a “suffix (. Org,. Net ,. Com,. Com,. Int,. Biz, and so on. For example, our own site is registered under: progexpi.com. (And more progexpi is our trademark)
For all these reason that a “World Summit on the Information Society” was held in Geneva on December 10, 2003, 12 in the presence of 000 participants, 8,000 delegates representing 169 countries and about 60 heads State. The main result should be a “bridging the digital divide between rich and poor countries” on the basis of an action plan which must be developed until 2015. The France had planned a large delegation.
Many other problems arise, such as “electronic commerce” ( “e-business) with its corollary on the security of financial transactions, or the coexistence of” domain (see below) designating Web sites, giving rise to both legal battles and real traffic as they are known for brands at a time fortunately gone, where crooks filed notified in advance countless brand names for resale to high price to companies who had not taken due care to protect themselves …
One could also cite the risk of crimes “shocking”, on pornography or paedophilia, or defamation, racial insults, threats of terrorism, that the relocation and fluidity of the network would prevent the perpetrators to inflict sanctions criminal beyond borders.
Another type of piracy is growing rapidly in music publishing because of the facility to download music in a compressed format (the “MP3″, supported notably by readers “RIO”) and return for his own use or for commercial uses. Already sales of compact-discs know, for over a year with a disastrous fall that will increase if no prohibition or regulation is taken.
T he same phenomenon is being replicated with DVD (digital versatile Disk) whose illegal copying is facilitated by software “derippage”, “dézonage” (1) and DivX compression format: Through this process, it is possible to compress the images by a factor of about 10 without significant decrease in quality. The contents of a DVD from 6 to 7 gigabytes (film which lasted 1 hour 30 to 2 pm) can be transferred onto a single CD of 700 Megabytes. This can be done by persons equipped with a hardware and software very simple, which is not an offence, insofar as the projection is performed within the family. But the loss of “definition” of images DivX could not be a projection in public on the big screen, at least for the moment ….
On another scale, specialists, equipped with ultra-miniaturized equipment, discreet and quiet may register during the first projections room, the most recent films, which are immediately placed in the channels of commerce. There is even worse, as “specialists” - it should say hackers or thieves - by recovering all kinds of means and including complicity in laboratories, films which have not yet been distributed in the commercial circuits …
It is therefore feared that copyright and related rights from engaging in a period of turbulence which we can not predict nor the duration nor violence, but it is hoped that the law will eventually prevail. Regulation (early February 2001) of the case against the NAPSTER Sté of Authors (the USA) appears to bode well, since this site is now agreed to charge a fee for the benefit of authors, for télédéchargements d musical works. Maybe this example will be followed …
A draft law on “copyright and related rights in the information society” was presented on November 12, 2003 by the Council of Ministers by JJ Aillagon, Minister of Culture .. This project is a transposition of the EU Directive of 22 May 2001. It has been discussed in the first half of 2004 before the Parliament. It was at Bercy that Nicolas Sarkozy has chaired the first roundtable on the fight against online piracy. The Minister of Economy but also its counterparts of Culture Renaud Donnedieu de Vabres and Industry Patrick Devedjian received Thursday, July 15, all actors concerned by the problem, representatives of industries disc, film, providers of Internet access, and consumer associations
This “commitment charter”, or “charter digital anti-piracy” was finally signed on July 28, 2004, after the law “and Freedom” has been revised, July 15, 2004. It has been the subject of an appeal by the Constitutional Council at the initiative of the PS, but this appeal was rejected ..
It proposes measures of education and awareness, development of an offer legal online music and repressive solutions. And a particularly important measure: the disconnection or termination of the subscription Internet pirates who engage in illegal downloading via networks of “peer-to-peer.” (4)
This “charter” provide for penalties for anyone who “break” the protective measures anticopies. (price: two years in prison and 150 000 €, as a forgery). Steps should be taken to maintain the existence of the backup and copy in a private capacity CDs and DVDs. A carefully monitored.
The NAMES of AREAS
“Domain names” are, in fact, the address of a Web site established by any name (as in the case of a mark) supplemented by a three-letter suffix:. Com for a commercial company, . org for an organization. fr for an official body french, and so on. This address is assigned by a “registrar” (InterNIC eg.) Which requires no justification. It is the applicant to verify that it has not usurped an existing address. However, the official french (adresse.fr) is the authority Namespace AFNIC which provides “governance” deposits of domain names.
The increase in the number of domain names is such as dictionaries will soon be exhausted and that fraud will increase. Two recent examples: a “cybersquatter” was fined for 20 000 F (3049 €) for having usurped “sony-france.com”, and another was ordered to pay 6.3 MF (960 000 €) damages to the SFR (French Society telephony) for having usurped address sfr.com, whose mark was also filed.
It is therefore essential to always check when opening a website on the Internet, as the name of this site will not conflict with a brand regularly and previously filed. A resemblance too close and let an identity in the same class (or in the case of a “well-known brand) could lead to a conflict that could go up to an action for infringement.
A LEGAL SITE for the WEB.
The forum of the law of the Internet, an independent organization specializing on issues of law Web for the general public, has just opened a site called “droitdunet.fr.” The authors of individual sites, but also those who consult them, will find valuable information that they will avoid many difficulties and both traps and trouble …
Supported by the Ministry of Research and new technologies, it aims to treat all legal problems that can provide the information needed to create and operate Web sites in the rule of law, particularly as regards the exercise of intellectual property rights including anything that relates to copyright and to “domain, the rules, such as libel or defamation, damage to morale and morality, the operation of “e-business” (online trading), the establishment of individual files, the publication of photographs without the consent of the individual, etc. … There really is “what to do,” and this site is timely. We will undoubtedly opportunity to talk.
We recall the address to connect directly to this site: droitdunet.fr
See also the section: Internet addresses, URL.
Supervision legal content harmful to minors over the Internet.
According to the first paragraph of Article 227-24 of the Penal Code, dissemination of messages to nature violates human dignity, violent or pornographic is held unlawful in France since the message is likely to be seen by a minor:
“The fact is manufacture, transport, distribute by any means whatsoever, and whatever support a message of a violent or pornographic or likely to cause serious harm to human dignity, or to make trade such a message will be penalized by three years’ imprisonment and a fine of € 75000 when the message is likely to be seen or perceived by a minor. ”
The provisions of Article 227-24 of the Penal Code are relatively poorly applied, and are mainly directed against the facts of disseminating messages pornographic, violent or detrimental to human dignity; facts manufacturing, transport or trade Such messages have not resulted in a significant litigation. A total of 29 convictions were handed down to 1999.16 to 2000.17 in 2001, the alleged incidents involving pornographic messages rather than violent.
The bill for confidence in the digital economy (LCEN) transposing the “electronic commerce” Directive No. 2000/31 EC aims to establish a clear framework for the actors of the Internet to strengthen the protection of users.
The text of the bill for confidence in the digital economy, from the second reading of the National Assembly, takes this lightly and fine writing stating that the ISP (Internet Service Providers) inform their subscribers’ s existence of technical means to restrict access to certain services or to select and offer at least one such means. ”
Unfortunately, the technical means to “filter” messages and pornographic images characters, are not very efficient. Any small “handyman” 7 or 8 years will soon recover on his PC, with the help of a software decoding, thousands of images… It was there that could involve the family, but in the absence of parents used to work, what to do, apart from a pedagogical action. The temptations are so high…
We strongly recommend reading the document “The Rights Forum on the Internet,” Internet Forum and contact forum, Recommendation: “Les enfants du Net.” (1) The exposure of minors to harmful content on the Internet. Document of 78 pages. It has just been made public on February 11, 2004 and deserves a careful reading.

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