Sunday, March 2, 2008

The exaction or French cultural policy "while Worse Worse"

Piracy of music, according to the report, the law. Here is the latest opus from Mr. Olivennes, pitiful serenade mixing poncifs antédiluviens and vigorous enforcement. The coring and the stick! To believe that He specialises in France, taking all the problems by the end merdeux. Back on this pouacre sabayon.

Thus, the fierce bousin has just been unveiled before the Senate. For solid stomachs, the site Numerama unveils its preliminary bill following the findings of the mission Olivennes and publish in full on its site.
This project (scheduled to be voted on the sly this summer) is also wasted as inept and freedom, in my view, for three main reasons. First, it rests on a contradiction: "free" is the flight, and its corollary supposed "death of Culture. Then, ignoring the new sociology of public musical, now organized under the (holy?) Trinity "I listen, I like, I buy" (in that order), the bill goes against the commercial logic and the interests of the music industry and artists. Finally, it shamelessly sacrificed individual freedoms many anachronistic privileges of a few, and far beyond the injury suffered by the music industry.

An impeccable Oxymoron
The sharing and free, it is theft and it would kill the crop. Cancer round! Therefore, without further delay prohibit libraries, media, and send taule all those who go there. In France, it is experimenting free access to museums. In England, it has long been, for example with the British Museum. Chercherait-on, on both sides of the Channel to kill culture! And Star Academy and New Star? Both cultural monuments going to disappear because we do not spend a fifrelin for us to enjoy? Not possible!

Truce boutades. The sharing and free, instead of killing culture, is a major asset for its promotion and development. By highlighting artists, past or present, ignored by the record industry, restoring access to works long banned commercial circuits, the alleged hijackers involved, quite the contrary, the promotion of global and musical heritage, ultimately undermine its recovery (re).

How else could one explain the restoration saddle countless granddads "rock", the craze undergoes a teenage audience for Led Zeppelin, The Pixies, Clash or other Who? The generation of seventy-huitards she enjoyed such resucée Luis Mariano and Tino Rossi? Not. Is this the work of nostalgia 60 years, willing to share their passion through these new vectors of knowledge that are blogs and download sites, or that of the majors or Sacem?

Meditate a little this concrete example that, at first glance looks like a paradox. I want to share and discover some hidden treasures of the sixties, such as directory unknown to the legendary group Love (the sublime Forever changes) or seminal 13th floor elevator (ah! Their electric jug). It is not by the grace of the majors or FNAC that I am going to get there but with a pinch of buzz, a lot of P2P and a good dose of Youtube, and in this sense, centipedes despicable, I am doomed to gémonies .
But if, in passing, in the same way, I am involved in the conversion of other admirers, and that this wave leads FNAC, the smell alléchée, refurbishing shelves reissues of albums forgotten, "remastered versions 'and the unreleased tracks after more than forty years, I am pirate or rescuer, gravedigger or promoter of culture?

An anachronistic economic logic
The music industry, starting with his four majors (Universal, EMI, Sony-BMG, Warner, or more than 70% of the world market), has long integrated it was more appropriate to take advantage of benefits by digital to promote an artist, including the ease of copying and distribution, and at the same time moving the revenue model to form "material" works, including concert tours, merchandising and sponsorship. They are not stupid if you want to say.

Indeed, it is a fact. At a time when, everywhere in the world, CD sales and collapses, the revenues from concerts, they explode. In the United States, the market grew from 1.7 billion in 2000 to more than 3.1 billion in 2006. In France, there is that in 2006, revenue concerts grew by 30% to 434 million euros.

Result: the majors and the giant show biz Live Nation flock on the Eldorado concerts. Universal bought Sanctuary (James Blunt, Eminem, Avril Lavigne, Kaiser Chiefs, Led Zeppelin, Elton John, Oasis), Live Nation has recovered Jackie Lombard (Madonna, Rolling Stones). In France, the trend is widely followed. France bought Warner Camus Productions (Johnny Hallyday, Sardou, Florent Pagny, Christophe Willem, Christophe Maé), Sony-BMG bought Arachnée (Jenifer, Indochina). It is an undercurrent!

The interest of the artist follows the same process. According to the online edition of the weekly magazine The Economist, seven years ago the incomes of musicians came to two-thirds of selling music through labels, and one third of the income of concerts, merchandising and sponsorship. Today, the proportions are exactly reversed and the trend is accelerating, but their incomes have not diminished.
So stop a moment to listen to the doomsday of a handful of barons of the music industry, conveniently gathered in the oripeau the "right of the victim, also faux-butts of the pseudo defense of the artist boutés arc firmly on very concrete financial rewards.

And the state? Worry, he finds himself heavily in the explosion of the market for concerts, through the Centre National de la Chanson, Variety and Jazz (CNV), an EPIC charged with collecting a tax on the variety shows (3.5 % of the amount excluding VAT ticketing shows clearly reflected in the ticket price).

In this case, the State is only the agent lobbying very private, the legislator of the dirty work, in charge of a national legitimacy to a simple matter of safeguarding excessive privileges. He embodies sadly the defender of the interests of a few against one of all.
Certainly, in terms of digital refer to the "coherence" tax has long been too dissonant heatwave that "polar" or "obscure clarity," the ranger anthology ill oxymorons. Thus, the "private copying" is strictly prohibited, reprehensible, and at the same time a tax on the "private copying" is very strictly required. When the coffers are empty ... One currency prevails: "Between two evils, we have to choose both. "Not to mention the soup ... To serve on the back of good people, always!

Trique and trique and Rintintin
The abolition of DRM (absurd locks technical supposed limit the use of downloaded files and that lead to hamper access to the music) seemed obvious. This is obviously missed! Exit, too, the proposal of Attali report which advocated the blanket license, harshly rejected by Christine Albanel. Hay carrot! And vive la tion! It will therefore be entitled to only club with the creation of the High Authority for the dissemination of works and protection of the rights on the Internet "and the legalization of" flexible response ", it would have been wiser to baptize graduated aggression" "the very idea of an attack involving response prior followed by a parade.

First, let us, as the vice-chairman of the board of the SACEM, "you may be the possibility of attacking a visitor through lawsuits. For us, this is a complement to the graduated response ". That gentle dreamers who could think, a brief moment, get away cheaply, illico back on the floor of cows.

The graduated response generally organized into three phases. Sending the holder to access an email noting the failure to secure its access to the Internet (note the subtlety). If relapse within six months, suspension of access to the service for a period of one month. If re-recurrence within six months, outright termination of the contract of access to the service together with the impossibility for the customer, the purchase of a new contract for a period of one year (of course, the customer continues to pay his subscription for the remainder of his commitment as well as any termination fees). A national register of subscribers will be created to allow operators to view the list of subscribers blacklistés. Cool!

On a strictly technical, turn on the fact that filter all traffic P2P (analyzing the content of billions of IP packets and compare in real time with tens of thousands of titles of protected works) remains the most absolute hallucinated fantasy and probably the most ridiculous idea from airplanes sniffers (but perhaps they will be returned to service on behalf of the SACEM).

It will therefore take place spot checks, targeted, to free choice of SACEM. But there are more serious. The project confirms, in fact, that government agents can obtain the identity of Internet users without going through the courts, previously mandatory. Suffice it to a private chiourme (already established by the SACEM) to complain, even unreasoned, so that the public official gets on request from telecom operators, and without review by the courts (up when required), the identity of a user, without the latter's knowledge. A private police ... The power of the judge transferred to an authority ... This is unacceptable!

And if the unfortunate wanted to defend himself? It is clearly stated that "the commission is not required to satisfy requests for hearing abusive, such as their number, their repetitive or systematic." Basically, we are all guilty by default, and if we pull the impudence to claim our innocence, it is not required, in high places, we hear. Oh, we promised wonderful happiness to the unfortunate Aligned online by a cockroach from the SACEM!

Because it must be concluded by singing
But then ... The DAVSI, the report Olivennes, the new law being prepared rogue ... Years of blah ... Hectolitres juice brains have finally given birth more than troufignolesque repressive arsenal of the digital world. According to the exact words of Mr. Olivennes: "The aim is to deter as much as possible this piracy but without hope of the ban. "Behind Olivennes Coluche it! Even ineffective ... The admission is worth a thousand! And he knows what he is talking about because its box, FNAC itself, because at this very moment under investigation for alleged by the SACEM. Here it is Kafka!

Who Benefits From crime ... Pataquès anything? It does it only a little delay the burial of the first-class business model SACEM, monopolistic, feudal, opaque and now liberticidal factory money, concealing its dictates under the false guise of the best interests of artistic creation and professions involved?

It does it that the interests of a handful of heirs of artists missing (for the concerts it is obviously more difficult)? Should we just give up our individual rights to a handful of fierce raptors that reduce a portion of the annuity mirifique they have so painfully learned in the sweat of their own birth?

Our individual freedoms have to be sacrificed by a State which légalisera today and tomorrow legitimate coercion and arbitrary justice private entitled only to a lobby of another age? And since we are talking big money, how to evaluate there, next to the shortfall attributed to download, the price of millions of freedoms flouted? The financial challenge is worth it just candlelight, gentlemen specialists from the rule of law ... Commercial?

I leave you with the answers ... In the meantime, I will meditate on the abolition of privileges in the monarchic regimes, the uplifting story of "the State minimal" and the "principle of subsidiarity" through the centuries. Before that they celebrated this summer, the union of millions of citizens with the exaction French cultural ... Not for the better but for the whole "Worse Worse."

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