Cablegate: Mpaa Ceo Glickman "Ok" On French Copyright Law

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E.O. 12958: N/A
TAGS: KIPR ETRD FR
SUBJECT: MPAA CEO GLICKMAN "OK" ON FRENCH COPYRIGHT LAW

REF: PARIS 5242

SENSITIVE BUT UNCLASSIFIED, NOT FOR INTERNET

1. (SBU) SUMMARY. Movie Picture Association of America (MPAA) CEO
Dan Glickman informed Ambassador Stapleton September 7 that the U.S.
film industry is in a better position on the French Copyright law,
following the toughening up of penalties for copyright infringements
by the French Constitutional Court July 27 (reftel). However,
concerns remain about the level of future enforcement and the scope
of the proposed new Regulatory Authority. End Summary.

MPAA Perspective
----------------

2. (SBU) Glickman (and Senior Vice President Chris Marcich and
Legal Counsel Laurence Djolakian) expressed satisfaction with the
Constitutional Court's July 27 ruling, and noted that the ruling
turned out "as positive as one could have hoped for regarding
penalties." A lot of "misinformation" is out there according to the
MPAA about the French position, as people are still fixated on the
debate that took place in Parliament earlier this year and not on
the later ruling by the Constitutional Court.

3. (SBU) Glickman said for the U.S. film industry the text of the
law is "livable" but that the larger concern is the political drive
and popular support that still exists in Europe to take further
steps on property rights issues counter to U.S. interests. Glickman
said that the MPAA is not overly concerned about the
interoperability requirements of the legislation, which is more of
an issue for Apple and the BSA.

Ministry of Culture - Next steps according to de Vabres
--------------------------------------------- ----------

4. (SBU) Glickman, who met with Minister of Culture de Vabres
September 6 in what he described as a "friendly and open" meeting,
relayed de Vabres intention not to wait until after the French
presidential elections, but to move forward in the coming months
with the implementation of the law and that he hopes to have the new
regulatory authority in place before Christmas. Glickman noted that
de Vabres commented that the Ministry of Culture is working with the
Ministry of Justice on "instructions" to judges regarding
enforcement of the new law. MPAA believes this may include a "two
tiered" approach with the focus on large down loaders of content and
not on individuals.

Way Forward
-----------

5. (SBU) MPAA believes now is not the time to aggressively attack
the French position as this will likely stir up a divisive debate
that could become a political issue in the run up to France's
presidential elections next spring. Glickman also pointed out that
over 60 percent of revenue for the U.S. film industry comes from
Europe. Glickman believes the USG should continue to "come down on
the side of property rights" in our discussions with the French, but
recognizes that the way content is delivered is in constant
evolution and we need "to thread a needle" on this issue.

6. (SBU) COMMENT: Embassy appreciates that other sectors of the
industry are less sanguine about the law than MPAA. Representatives
of digital rights management systems in particular remain concerned
about mandated interoperability requirements. With media reports
indicating Minister of Interior and likely presidential contender
Nicholas Sarkozy recently held a low-key reception with the French
entertainment industry to talk about the copyright law, this issue
remains very much on the radar screen.

Stapleton#

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