France Seeks To Push 3-Strikes Law Across Europe 265
quanticle writes "As you may recall, France previously threatened to cut off broadband access for file sharers. However, after lobbying by the public, the legislation failed in the National Assembly. Now, the government of Nicolas Sarkozy is trying to revive the the measure by pushing it as an amendment to the pan-European Telecoms Package. This amendment has the potential to impose 3-strikes across Europe, not just in France."
Well, this is why France is not the United States. (Score:5, Interesting)
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Both you & the article submitter are mistaken.
As the three strike law has not been withdrawn is on it's way to becoming a law by the end of this summer. France has more than it's share of unpopular laws being passed by a ruling class disconnected from what the public wants.
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except that they do work when done properly.
For fuck's sake (Score:5, Insightful)
Why are politicians so retarded?
You are there to represent the people and your country. If you find yourself having to subvert the will of your public, your constitution, your own justice system etc., then take that as a big fucking clue that YOU ARE WRONG and the best way for you to help is to STFU.
Re:For fuck's sake (Score:4, Insightful)
Re:For fuck's sake (Score:5, Informative)
In France, the money for presidential campaigns comes from taxes, is limited, and of the same amount for every candidate. But if you got less than 5% of votes, you have to give back this money to the government (this can be painful).
Re:For fuck's sake (Score:4, Informative)
Oh, and I forgot to say that they all have the right to the same amount of time on TV. And all of this is controlled and enforced.
(Well, that is in theory.)
Re:For fuck's sake (Score:5, Insightful)
And there is no way that lobbyists could get around this by lobbying the opinion formers (eg, the press) rather than by directly funding the political campaigns, is there?
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Of course there is, but they don't; maybe because they haven't got the idea, because their morale is too high, or because they are afraid it would backlash their candidate.
I think the main difference between elections in the US and Europe is not the amount of regulation, but the amount of shit the electors tolerate.
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I think the main difference between elections in the US and Europe is not the amount of regulation, but the amount of shit the electors tolerate.
The amount of shit most of the UK electorate is willing to take appears to be however much the media tells them to, and I'd guess it's the same in the USA. Glad to hear that it isn't so in France.
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On the other hand, there will be a certain malicious delight in seeing this proto-fascist slimeball force this law through backed by hefty bribes from media companies, only to watch Frances economy shut down. When all DNS records become illegal to serve up for access, when all index.htmls and the servers they live on become illegal, and essentially the internet in France is switched off over night.
Its nearly as silly as mandating CPUs lacking CPY or MOV, or operating systems that cannot open or copy files.
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Why are politicians so retarded?
You are there to represent the people and your country. If you find yourself having to subvert the will of your public, your constitution, your own justice system etc., then take that as a big fucking clue that YOU ARE WRONG and the best way for you to help is to STFU.
Wrong.
De jure they are there to represent the people. De facto they are there to represent their own self-interest. When these come into conflict (which is the normal state), de facto will win. The politicians are not "retarted" or "wrong", they're doing exactly what is built into the system. No, I don't know of a better system, but at least regognising that this behaviour is built-in leads to less political surprises, and gives (some) politicians credit for intelligence if not honour.
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You are there to represent the people and your country.
That's correct.
If you find yourself having to subvert the will of your public...
This is where you go off the rails. The job of a politician is NOT -- repeat, NOT -- to implement the "will of the people". That's because they can't. Everyone has a different opinion on what should be done. For example, you think your opinion on filesharing should supersede everyone else's. Believe it or not, a LOT of people think sharing copyrighted material should be
this can't possibly work (Score:2)
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Wrong. (Score:5, Informative)
The french law project which establishes an independant authority with power to ban users from the Internet (by cutting the Internet access) after three strikes has not failed to pass in the National Assembly : IT STILL HASN'T BEEN EXAMINED THERE !
It is scheduled to be examined soon by the Senate first and then eventually by the National Assembly. You can read it there in french : http://www.senat.fr/leg/pjl07-405.html
What is true is that right now the French ISP association (including every french ISP), the web services association (including Google, Microsoft, Yahoo! and such), the commission in charge of regulating telecommunications, the commission in charge of the defense of privacy and several others have all said they were against this law.
Besides, even though I can imagine Nicolas Sarkozy being pleased if there were european legislation copying his ideas, I don't see any particular lobbying from his part in the European Parliament. Just look at the amendments and who wrote them (in the IMCO, ITRE or LIBE committee).
http://www.laquadrature.net/files/amendements-compromis_ITRE-IMCO_7juil/
And I'm not even speaking of the usual fierce independance of MEP toward national governments. They're much nicer with regular lobbying groups, in this case the music and movie industries.
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What the fuck are "three strikes" ... I gave up reading after I was at your posting as I simply don't even get what this fuss is about ;D sorry.
Plx enlighten me and explain the Article and stop using jargon on matters that seem as important as this one.
angel'o'sphere
Write your congresscritter, EU-style! (Score:4, Informative)
http://www.europarl.europa.eu/members.do?language=EN [europa.eu]
drill down the map until you get to the member page; there are three postal addresses at the bottom of page. I'd either write to them in Brussels or their constituency address, since they're only usually in Strasbourg once a month. There's an email contact too, at the top.
On a side note, I've actually been in the mailroom at the EP building in Brussels, and it's really nice. It's in a prominent position right on one of the main corridors between the offices and the hemicycle.
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If you're in the UK, you can use Write To Them [writetothem.com] to email all you MEPs at once.
I've done it and had two positive responses so far.
Shamed of being French right now (Score:5, Insightful)
Because I am.
Curiously, some French politicians are brilliant, but they're not part of the French government.
A French "European deputy" (for lack of a better name) has opposed this three-strike legislation, arguing (rightly so imho) that "an industry that is not able to make do with new consumer habits [the Internet]" shouldn't impose its rules to the government. The French government hasn't listened.
Michel Rocard is famous for opposing software patents. The French government hasn't listened.
French automobile club leaders, the least of which is not the president of the ACO (Automobile Club de l'Ouest, supervising the 24 hours of Le Mans) said that the pollution tax is a mistake, because one already exists and that's the TIPP (Taxe Intérieure sur les Produits Pétroliers, Internal Tax on Petrol-derived Goods, for lack of a batter name) that one pays for each centilitre of gasoline/Diesel in the tank, and that there's no reason than a guy driving only 3000 miles a year in his Ferrari should pay more than one driving ten times that in his Diesel Renault Logan. The French government doesn't listen.
Just, where has common sense gone?
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If it were simply a change in consumer habits, I'd happily say laissez-faire . If people are not interested in music anymore, let record companies disappear! Here, however, we are faced with a slightly d
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This is where you are 100% wrong. A 99% reduction in pro
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"This is where you are 100% wrong. A 99% reduction in production of what currently passes as "art" would have no impact whatsoever as the only thing that profit motive motivates is utter kitsch."
says who?
Do you atcually KNOW the neural activity of everyone who produces entertainment content? Of course you fucking don't. You have *no idea* whether Jane Austen wrote mainly for the money, or whether Sean Connery only acted for the cash. You just like to tell yourself that everyone who has talent in terms of en
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I see. So let me get this straight: you believe that the motivating force for true artistic expression is money? That an "artist" does not feel a need to express himself until a silk-suited agent of a media conglomerate shows up with a contract that "will make you rich beyond a
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"until a silk-suited agent of a media conglomerate shows up"
"Given that Spielberg hasn't produced any art in his entire life (and probably couldn't if his life depended on it"
God you are pathetic. let me try in capitals.
DO YOU FUCKING UNDERSTAND THAT NOT ALL CREATIVE PEOPLE WORK FOR BIG MEGA CONGLOMERATES?
DO YOU UNDERSTAND THAT UNLIKE ELITIST PRICKS SUCH AS YOURSELF TENS OF MILLIONS OF PEOPLE APPRECIATE PEOPLE LIKE STEPHEN SPIELBERG?
If you don't like popular culture, then fine, fuck off and enjoy your Frenc
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That is why you focused on Spielberg and Connery (apart from your self-inflicted counter-example of Austen)! Logic apparently was never your strong suite.
The fact that people like stuff produced by Spielberg's minions for which he takes credit does not make any of it "art". People also like t
You people better not be sharing... (Score:2)
You people had better not be sharing that illegal copy of Linux distro on your file sharing software!!! Three times you share that and we'll shut you down and ban you from any Internet connections for the rest of your life!!!
Let's not forget one thing (Score:2)
A telling fact is that his popularity after one year in office has plumetted to levels never seen in France.
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I take it you don't like him?
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Scientology connection? That's a new one. Hadn't heard that one before... got a source for that?
People need to focus more on... (Score:2)
How did this asshat get elected? (Score:2)
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How was he elected? First, the opposition (Ségolène Royal) was unable to talk properly and had a fucking irritating voice and no mind of her own. She was bad, very bad. Sensed people still voted for her at the second turn because we knew who or more appropriately what Sarkozy was and is (you put it right, a "neoconservative dick" but he may be worse than just a dick, he is a very dangerous man). Hands down the worst President France ever had. But, obviously, Ségolène R
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What a wonderful irony. After all the complaints by Europeans about the US and its president they end up with somebody WORSE.
LOL.
Why "Three Strikes"? (Score:4, Funny)
Is baseball that popular in France?
has he any actual accomplishments? (Score:2)
Isn't Sarkozy the chap who has a big announcement/idea/plan every minute of the day and absolutely none of them actually go anywhere?
Is so, then nothing to see here, folks, keep moving along.
Eloquent statement on the situation. (Score:2)
Lets see... (Score:2)
We want to stop piracy, but instead of investing energy in sales, we invest energy in piracy (or actually, moving it further and deeper underground).
Next thing we know we'll have a piracy mob, prepared to kill to make sure they are not exposed! How nice.
Does the music industry even care? Of course not! All they care about is their falling profits. Well, they'll keep falling, because they're making sure the people will hate them (and thus avoid buying their products or working for them).
3 strike, out! (Score:2)
What's for sure is that if the corrupt measure came into law, the ass-licking British will be the ones that will implement it to-the-letter, just like all the other idiot EU laws - "to be good Europeans", and will be the only idiot country* to bother implementing it.
* Yes I know Britain is a collection of countries not just one country.
Re:so we can hate the french again? (Score:5, Informative)
If you would hate just Sarkozy, it should be quite enough. Most French don't like him either (and no, not just because of filesharing).
Re:so we can hate the french again? (Score:5, Insightful)
Oh trust me, the rest of Europe isn't too keen on him either
The worst since Berlusconi (Score:2, Insightful)
Sarkozy is the worst leader in EU since Berlusconi.
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Re:The worst since Berlusconi (Score:4, Informative)
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What's wrong with that? Don't you think it's possible that (hindsight being 20-20) they made a bad choice - not necessarily in this case, but anywhere, ever? To avoid Godwin's law I won't mention the obvious example.
Re:so we can hate the french again? (Score:5, Insightful)
The rest of Europe (indeed, the rest of the world) should have no say in the democratic election, but is free to have an opinion on the resulting democratically elected official. After all (checking carefully for Godwin), the fact of his initial democratic election did not prevent much of the rest of the world taking a view of Adolf Hitler, did it?
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The rest of Europe should have nothing to say with a democratically elected president.
But of course they should, if they feel like it! That's freedom of speech and freedom of opinion and all that crap. Being democratically elected, saying something about him becomes saying something about the people that elected him, of course. But all the more reason to say it, and perhaps the voters of that country will think more carefully at the next election!
Re:so we can hate the french again? (Score:5, Interesting)
Most French don't like him either (and no, not just because of filesharing).
As a brit living in France for the past 12 years or so, this is one of the most annoying traits of the French vox populi. They forget very, very quickly that most of the French actually voted for him. His politics since he's been in power aren't that different from what he announced, and certainly not that different from his opinions in previous government positions. Short memory, and quick to criticise, the French - they did pretty much the same thing when Jacques Chirac got a landslide victory when most of them couldn't be bothered to vote and so Le Pen got to the second round.
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From what I'm told by the few French citizens I know, there are many that call Sarkozy Bush's lapdog. or poodle or something similarly flattering. As far as I know as a US citizen, being politically associated with Bush in any way is an insult. Here it's been something like the kiss of death in the current political circus atmosphere. One thing in Sarkozy's favor is his lack of airtime on Faux News.
I've been trying to figure out lately why it is that the neocons seem hell bent on protecting IP? Or at least
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I've been trying to figure out lately why it is that the neocons seem hell bent on protecting IP?
Because doing so is good for the profit of big companies (i.e. big donors).
Has anyone seen any tinfoil hat links for this?
No need for any tinfoil hats ... this is so obvious that no conspiracy is necessary.
IP Companies employ people... (Score:2)
errr... could it be that big companies, by definition, pay a lot of tax to the government, and create a lot of jobs. If a government is not looking after big companies, its likely not looking after the economy either, and not surprisingly, that would be a bad move.
There are people whose jobs depend on IP law. Hundreds of thousands, if not millions of them. Those people vote, and pay taxes.
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It's no mystery how Mr Bean got elected - you just have to remember who his opponent [wikipedia.org] was. She'd have everyone in a burka by now if she'd been elected, the stupid cow.
Indeed, they're not happy unless they 'ave zomzeeng to grumble about.
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Geez, he didn't get elected all that long ago. What did he do to piss everyone off so quickly? Or was it a case of George Bush-style "elected, but not really"?
Re:so we can hate the french again? (Score:4, Insightful)
Geez, he didn't get elected all that long ago. What did he do to piss everyone off so quickly?
Well, he just did what he promised to do : help rich people to earn more money, throw more and more dark skinned people in jail, etc ...
Indeed, at least 53% of french people can't read and vote for the candidate most seen on TV.
The problem is : all elections are over, president and national assembly are elected and we're stuck with him and all his friends for the next 4 years.
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If you're American then surely you'd be hating the Freedoms from that European country called Freedom that's between Germany and Spain?
(This post is a dig at the American tantrum where they changed "French Fries" to "Freedom Fries" and not an implication that France is the nation of Freedom ;) )
Re:so we can hate the french again? (Score:5, Funny)
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In America, the technically correct and longer name for French Fries is potassium delivery system. Of course, to be effective they must be first heated and saturated with animal fats. Despite the glorious skill used to hone the techniques for loading potassium into the potato strips, 'fries' is all the effort we put in when order... with a 'supersizem' at the end.
I do find that there seems to be a lot of job searching advice that mentions the delicacy, far to often I might add.
Re:This and G8... (Score:4, Informative)
There are two kinds of democracies. Representative and direct. They go under the same name, but they are very different. Unfortunately, we are stick with the first type. People need to realize there is a difference between those types, and not rely on honesty of politicians.
There is an excellent book about direct democracy: http://www.democracy-international.org/book-direct-democracy.html [democracy-...tional.org]
Re:This and G8... (Score:4, Insightful)
Although I think direct democracy would have its own problems too - we'd be under the will of the masses.
There are some things that referendums are appropriate for (issues that affect everyone), but just look at what happens when you put questions like "Should gay people be allowed to marry" to referendums as I believe has happened in some US states.
I'm not sure how things would work in this case - whilst few people would care about the record industry and most people happily copy CDs/tapes, filesharing is still something only done by a minority of people AFAIK, and most people probably don't see the Internet as some fundamental need, so I fear that a proposal to ban filesharers (especially with a bit of campaigning that associates "filesharing" with not only "stealing", but terrorism and p0rn) would still get passed in a referendum.
Here in the UK, our unelected second house is the only thing that can stop some of the authoritarian measures the Government is pushing through (similarly with the unelected Supreme Court in the US being the thing which protects the Constitution).
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Although I think direct democracy would have its own problems too - we'd be under the will of the masses.
I do believe that's pretty much the exact definition of democracy.
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And democracy, strictly defined, is a pretty bad idea. Ask anyone who lives in a country where a hostile ethnic majority gets to vote on what happens to minorities it doesn't like.
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And democracy, strictly defined, is a pretty bad idea. Ask anyone who lives in a country where a hostile ethnic majority gets to vote on what happens to minorities it doesn't like.
Because democratically elected people [wikipedia.org] never wipe out ethnic minorities.
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In most other cases, especially when we leave the area of ethics, the average voter is not adequately equipped to decide which policies should be implemented. The most h
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>>Although I think direct democracy would have its own problems too - we'd be under the will of the masses.
Thats what democracy is: Will of Masses
>>There are some things that referendums are appropriate for (issues that affect everyone), but just look at what happens when you put questions like "Should gay people be allowed to marry" to referendums as I believe has happened in some US states.
In that case, its a troll question to ask and it wouldn't help whether the democracy is direct or represe
Re:This and G8... (Score:5, Funny)
The problem with the public is this.
Think of how stupid the average person is; well, half of the public are stupider than that.
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Yeah. Some of them don't even know the difference between median and average :).
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The median is an average, as are the means and the mode. A layman's understanding is probably more akin to the latter (avergage man = typical man).
A statistitician would tend (97.3% of the time) to eschew the vague word in favour of a more precise term. Unless he was just joking, which (at a 1% significance level) they never do.
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Are you sure that median is an average? I always thought it was a halfway point between to distinct groups concerning a specific measurement or piece of data. You can use averages to reach the median and the median can have the same value of a median but my understanding is that it isn't an average by any normal means.
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Or maybe they know that IQ is normally distributed - therefore the median and the mean would be the same :-)
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Or maybe they know that IQ is normally distributed - therefore the median and the mean would be the same :-)
Of course IQ is normally distributed. It is defined that way. Great way to argue isn't it. Define something that "measures" intelligence using a scale that is normally distributed. When you have done that you can point at the results and say that intelligence is normally distributed. :)
Still, IQ is a lousy way to measure intelligence. Although a great way to measure an individuals ability to recognize patterns.
On topic, intelligence has little to do with making good laws. A good sense of moral and ethics go
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Regardless, the major problem with your analysis is to assume that people do indeed vote randomly. If it were the case, your argument would be spot on and one of democracy's biggest flaws would not be a source of concern. If uneducated people vote randomly, their votes basically cancel out (as your correctly pointed out) and smart people choose which policy will be implemented.
In the real wo
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And I said otherwise where, exactly? It doesn't make those decisions any less wrong.
No I don't. I assume that unintelligent people might not make very good choices. You dispute that? I'd say it's almost a tautology.
Got any other strawmen you want to bring out?
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...and if the public think we should own slaves then we should own slaves. If the public think we should kill savages, then we should.
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You fail - here's your heaping helping of argumentum ad populum.
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I'll give you example from my country (Czech Republic). Most people here (70%) supported gay marriage before politicians supported it. Last year (I believe) it passed, but just so-so.
Anyway, Switzerland has 150 years of experience with this. So there are some empirical results. And they show, for the most part, that voters are very conservative, and usually resist any change. Switzerland had voting rights for women until very recently, for example. On the other hand, they have pretty decent human rights rec
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Perhaps he's read some Mill or Tocqueville. You should try it [google.be].
Germany in the early 1900's versus forty years later.
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Lets look at some things in recent times that might have been different is the will of the people was allowed to jump in. right after 9/11, Many people wanted to nuke the middle east and turn it into a glass parking lot. We can drill through glass and even radioactive glass. How many things have happened when an overwhelming "redneck" portion of America was demanding was or some act of violence against another country. Perhaps we would have invaded France for their declaration of veto for any resolution in
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"ou have an irrational belief that politician will somehow decide better in your interest than the majority of people (with which, by the way, you share more interests than with the politicians)."
Do I really?
As a well off, well educated, middle class professional, I have far more in common with the set of people in politics than I do with the slavering masses. Even when I disagree with them and think they're complete idiots, they're a step above mob justice and they generally have their own interests (simil
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And shutting of people from broadband for one type of offense will also shut them off also from a lot of other services. We are going toward a society of people with broadband access versus people lacking that access - and the people lacking broadband access are becoming second-grade citizens with less ability to get information, access bank services and communicate with friends and family.
Essentially - the penalty of the 21'
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If we had a direct democracy then simply yet important concepts like equal rights and the abolition of slavery and perhaps woman's suffrage would be a lot harder to implement.
I mean sure, the common sentiment today is that those institutions are abhorrent but back before they were abolished, they weren't. Attempts to abolish them or even jump to the right side of the issues would have been met with resistance and resentment that could push the majority beyond the way it is now. There wasn't a need for a maj
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Do you have any particular reason why you think it wouldn't scale? I don't see any reason why it wouldn't, it works in Switzerland pretty well, and there are 7 million people (I suspect that you chose large city exactly for that reason). I would, for example, say that some human institution won't scale if it relies on bounded number of humans somewhere, or if the people cannot meet or know each other personally. But none if this is relevant in Switzerland.
I agree that not everything should be voted on, and
More and more like the USA... (Score:2)
You know, Europe's government is starting to sound more and more like the USA's to me?
In this case, I'm referring to when a special interest(IE the ones trying to push punitive punishments for minor copyright infringers), failing to get what they want on the state level, going to the federal level to change it.
Happening right now with the anti-gay marriage* types in California. Since the ruling they've started pushing for federal law, or a state constitutional amendment banning it(only way to overrule a su
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The main problem with the consolidation of power in super-national governing bodies like the EU is that it creates a single point of failure for freedom.
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Semantics,
France Seeks To Push 3-Strikes Law Across Europe ...pushing it as an amendment to the pan -European Telecoms Package. This amendment has the potential to impose 3-strikes across Europe, not just in France.
Across, doesn't mean all of Europe, it simply means it stretches across Europe, sorta like the Trans-Canada Highway [tc.gc.ca]... goes across Canada, however, it doesn't reach all the Provinces, and actually only covers a really small area of it land-wise.
Re:Why do Politicians actually care? (Score:5, Insightful)
To anyone who's had their financial life destroyed by medical bills here in the US, I bet it sounds pretty good, actually.
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Yeah, the French public medical system works so well that 92% of its residents carry supplementary private medical insurance and there are copayments or deductibles ranging from 10-40%. And despite the public oversight it still manages to be the 3rd most expensive system (in terms of % of GDP) in the world.
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The percentage of GDP really doesn't matter so long as the burden is distributed equitably. I imagine there's a progressive income or property tax system in France, so that problem is solved. As for the supplementary insurance: you haven't given enough information. Source? It could be some minimal, 5/month supplement for TV in the hospital.
And as for copayments - I doubt your figures. Source? But even if you're right, the existence of copayments doesn't negate the usefulness of insurance, especially under c
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That does not change the fact that in France, people don't go broke, lose their homes, declare bankruptcy just because their child got sick. More important, the French don't have to make the Sophie's Ch
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So? My university health plan wasn't any better. It took days to see a real doctor (not a nurse practitioner who was basically a conduit between a hearing aide and a prescription pad), and months to see a specialist. Plus, it was obscenely expensive. Your point?
Um why do you have to ask? (Score:2)
It about money. the *AA has lots of it. Politicians listen to money.
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Get back to your potato fields, Paddy!
NB: I'm mostly Finnish, so you may require the services of a Swede, Norwegian or Russian to stereotype me.
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Kind of ironic to say that on the day that France won the USA's independance.
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As for college students, maybe if they were better informed as to what copyright accomplishes, they would have a different opinion. Seriously, is that even an argument? Most college students I know also fail to
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Since copyright gives an incentive to create, I'd say it does promote the progress of the arts.
Does it? What incentive does a copyright larger than 3-5 years give to create. In actuality it is the opposite, as you can rely on income from past creations instead of creating new ones. 3-5 years is the time I mention, because no investor would plan ahead longer than that except in a few rare exceptions mostly relating to huge constructions.
Incidently the swedish pirate party program currenly aims for a 5 year term for commercial use, although with no restriction on non commercial use. Also, certain "righ