Dutch government wants penalties for P2P downloads

The Netherlands currently allows private users to download copyrighted songs and movies without penalty, so long as they are for personal use; uploading, however, counts as "distribution" and comes with penalties. This approach is unusual in Europe, and today the Dutch government announced plans to change course. Downloading unauthorized music and movies would become illegal under the new plan, but in return, citizens get some new benefits: no more levies on MP3 players and blank CDs, a new "fair use" right," and a pledge that the government won't pursue "criminalization" of end users.

The government plan was announced by Fred Teeven, the Justice and Security minister. Teeven noted that "downloading has long been illegal for games and other software, and this will now also apply to movies and music."
But unlike in France, the government has no interest in going after private citizens. "Consumers need not fear criminalization," Teeven added. "There is no so-called 'three-strikes' law."

Instead, the government wants to push the change as a way of making it simpler to block foreign websites. Dealing with sites inside the Netherlands, such as the huge torrent site Mininova, can be dealt with under existing Dutch law, but the country wants to block sites like The Pirate Bay that exist just outside its borders. The change on downloading will make it much easier to block sites that claim they only facilitate downloads but not uploads, though this is called a "last resort" by Teeven.

Dutch antipiracy organization BREIN applauded the move. "BREIN is a supporter of the ban on illegal downloading of music, movies, and e-books," it said in a statement. "BREIN fought sites that facilitate illegal uploading of this material, and it can now more easily combat sites that facilitate illegal downloading."
Teeven's plan would also eliminate the extra fees for personal copying built into "blank media." "Technology has overtaken the private copying regime," said the government's announcement. "There is therefore no room for the private copying levies. New levies on devices such as MP3 players, laptops, DVD recorders, and USB sticks are undesirable. The same applies to a tax on Internet subscriptions."

The Dutch will also get a "fair use" exception to copyright in order to encourage noncommercial reuse. (Much Dutch government material is already Creative Commons licensed.) Teeven also wants to push for broader-based licensing of content, making it easy for a company like Apple to open a single iTunes store that Dutch citizens can access, rather than the current patchwork under which separate rights are required in each country. Finally, he wants to crack down a bit on collecting societies, forcing them to better account for where their money goes and allowing artists to more easily file challenges.

The Euro-centric Torrentfreak site was muted in its response to the proposed changes, though it did note one positive implication: the Netherlands won't be seeing widespread private lawsuits against individuals. "Aside from toughening the law, the new plans also include ‘protections’ for the privacy of file-sharers," said the site. "One of the key points is that the rights holders can only claim the personal details of an alleged infringer if that person shared copyrighted material on a massive scale. This would prevent the pay-up-or-else settlement schemes that are currently ongoing in the United States."