As is often the case, our southern neighbours’ wishes aren’t always in sync. Recently two bills were submitted to the Belgian Parliament that seek to change copyright law. Both aim for a solution to the 'file sharing problem’ yet with visions that are far apart. 

The first bill submitted by Senators Morael en Pyryns want, in short, to allow file sharing through a system of compulsory licensing and remittance through collective management organizations. The KluwerBlog suggests that it would concern a worldwide license. It is however unclear to me how such a worldwide filesharing license would ever come about and which parties would collect and remit the levies. Would that be the government with a filesharing tax for all citizens or ISP's with a levy on all internet broadband connections? 

The other bill comes from Belgian Senators Clarinvall & alii (sic). They propose to maintain Belgian copyright in its current form and to focus on the stricter enforcement of copyright in the online environment through a three strikes regime. Striking about the Belgian three strikes proposal is that if, after the first warning letter, a second violation occurs (within 6 months), not a second warning letter, but a settlement proposal follows. If the infringer doesn’t agree to the settlement proposal or if the infringer crosses the line again in the next two years, the case will be forwarded to the Public Prosecution Service. The latter may proceed to prosecute or not. According to KluwerBlog the bill would allow for higher penalties and curbing of infringers internet broadband connections. If infringements continue, a court may double the fines and the connection could be terminated entirely. 

The bills are called, respectively, Doc 5-590/1 and Doc 53-1120/1. If anyone knows where these can be found online, please place a link in the comments ... 

For more information, see KluwerCopyrightBlog