[Upd-discuss] French Judge refuses to shut down internet connections of P2P users

[Christian Beauprez]

Dear Jean (and conference),

Funnily enough, I'm currently looking into the topic of the philosophy 
of copyright in modern times and whether such a view is compatible with 
Berne and the proclaimed goals of the law. I frequently hear 
(particularly among lawyers that copyright is a pure negative right or 
restriction like a patent.) I know this is how it is largely asserted 
particularly here in the UK, but also notice that Berne doesn't 
necessarily support such an assertion at least the language such as 
"enjoy the right of authorizing" sounds far more pro-active than "shall 
enjoy the right of preventing others from x,y,z " as patent clauses are 
worded, I also noted the U.S. Constitution requirement for publishing in 
order that it is not seen as merely a way of monopolising information.

I wanted to ask people how prevalent the view of copyright as a purely 
negative restriction right is, and how popular this philosophy is in 
other countries (is it widely accepted these days  as a 'truth' of 
copyright law? I read one legal firm's account and they said that some 
countries express copyright as a positive right)  What is the prevailing 
philosophy in French speaking and other countries regarding the nature 
of the 'exclusive right' and what it means?

I'd be really grateful to anyone who wishes to share their view of this.

Kind Regards,

Christian