French Judges Wonder If File Sharing Is A Crime

From Wired.com: "Record labels and movie studios are counting on the courts to help wage their war against global online piracy. But in France, some courts are refusing to go along."

"…the powerful president of the French magistrates union has begun to openly advocate decriminalizing online trading in copyrighted works for personal use."

"We are in the process of creating a cultural rupture between a younger generation that uses the technologies that companies and societies have made available, such as the iPod, file download software, peer-to-peer networks, etc.," Judge Dominique Barella told Wired News. "It’s like condemning people for driving too fast after selling them cars that go 250 kmh."

"Barella first began his crusade after writing an article in the French daily Libération in March following rulings by French judges who suspended jail time and fines for alleged perpetrators who were caught downloading music for their personal use. … (He believes) a more appropriate policy needs to be adopted in France and in Europe that protects…young people of the MP3 generation who are weak targets against the machinations of the entertainment industry’s legal agenda."

"…France isn’t alone in creating legal headaches for the entertainment industry’s copyright enforcement efforts. A Canadian appeals court last week upheld a decision from a lower court finding that internet service providers in the country are not required to divulge the identity of accused fileswappers."