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Film Director Helps Finance Busted File-Sharer’s Legal Battle

A film director and outspoken opponent of copyright abuses and incoming “3 strikes” legislation has come to the rescue of a file-sharer. Jean-Luc Godard, who is due to receive an honorary Oscar in November, has donated money to a photographer’s legal fund after he was caught with more than 13,000 music tracks and subsequently ordered to pay more than $25,000 damages.

For all the wrong reasons, 2005 was a memorable year for James Climent. A French national and photographer, Climent is also a keen file-sharer but five years ago his hobby landed him in hot water. After sharing thousands of music files using the Soulseek P2P application, he received an unwelcome visit from two police officers.

“I had 13,788 mp3 files on my hard drive when the police came to search,” Climent told Alexandre Hervaud of Ecrans.

“And now I’ve got more than 30,000.”

One could be forgiven for thinking that this particular 37 year-old is a little defiant. At the first hearing of his case in 2007, against his lawyer’s advice he pleaded ‘Not Guilty’.

“Even today, it’s the only thing I really regret,” Climent recalls.

In 2009, with unsuccessful appeals behind him but still unrepentant, Climent was ordered to pay music collection societies SACEM and SDRM compensation totaling 20,000 euros ($25,600). In June 2010 his final appeal was rejected.

Climent, who had to borrow money from his sister to pay his legal costs, doesn’t have the funds to settle. Even if he did, he says, he wouldn’t pay the money “as a matter of principle”.

Instead, Climent – who is bemused that someone should punished so heavily for “sharing culture” – is going on the offensive. He will now take his case to the European Court of Human Rights.

The procedure will be a long one – at least two years – and will probably be expensive. To this end Climent is trying to raise funds for his fight and has set a goal of raising 5,000 euros. In early September his fund raising drive received a quite unexpected boost – support from film director Jean-Luc Godard.

“A few days ago I received an email from Godard’s producer, who wrote on behalf of the director. He has decided to support me to pay my defense costs,” explained Climent.

Godard, a 79 year-old who has been in the business for 60 years, is an outspoken opponent of copyright abuses, not least France’s upcoming anti-filesharing Hadopi legislation.

“Copyright is not a possibility, really, ” he said recently. “An author has no right. I have no right. I only have duties. I’m against Hadopi, of course. There is no intellectual property.”

Due to receive an honorary Oscar later this year in acknowledgment of his services to entertainment, Godard has pledged support and donated 1,000 euros to Climent’s fighting fund.

“So God (ard) is with us,” said a grateful Climent this week.

With Godard’s addition, around 2225 euros have been raised so far. But more is needed.

Those who would like to help James Climent in his fight can donate via the PayPal and Flattr buttons on his blog.

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  • ytb

    I now respect him a great deal- if only everyone was like him.

  • Zero Ð

    its a nice thought but honestly it doesnt really make a difference.

    legal costs + that 20,000 euro fine dont even compare to the 2225 that they have already raised.

    maybe this should indicate that the price that these companys are demanding for these files are just too inflated to be sustainable in the real world.

    thats why the age of buying Mp3 files is gone, and now we’re into the time of online (cloud) Streaming ( Spotify, Music unlimited, etc)

  • TheLQ

    Only $25,000 14,000 tracks? How is it that in the US we get sued for millions when we only have 20!

  • anonymous

    so how come he gets ordered to pay $25,000 damages for 13,000 music tracks and Jammie Thomas originally ordered to pay 1.92 million dollars for 24 tracks? rather a substantial difference here, i think!

  • Christophe T.

    Godard is an artist and has always been – quite outstanding. He was complaining about copyright in the seventies already. Not only has he made some of the most thriving movies in the last century but he also never became a slave of the industry – and he was always aware of the mafia like methods of the film selling industry (he calls them “dealer”).

    If you have some time : there is an interview between JLG and Woody Allen 1968 – flimed by JLG.

  • Zush

    A good filmmaker and a good person. The perfect human being.

  • Anonymous

    a great filmmaker i say and he is one cool guy.this is how they should be but what do you see here in hollywood is greed and more greeed.

  • Anonymous

    What the f is the matter with the copyright orgs that screw with simple people lives. Why do they demand ridiculous sums of money from people that have no hope of ever paying.

    Some judges really need a brain adjustment. There no no no fing basis for claiming these loses. Music has been shared since the beginning of human civilization. It is only now these moron prick corps think every act of sharing should be monitized. Unless a file sharer is making significant sums of money no damages what so ever should even be considered.

    I hope this guy wins his case i agree human rights are and have been violated

  • AxxO

    @4

    Don’t blame the American judges or law; a jury of HER PEERS decided that Jamie decided that large of a fine.

  • + Respect.

  • Anonymous

    No one’s added this to his wikipedia page yet:

    http://en.wikipedia.org/wiki/Jean-Luc_Godard

  • anonymous

    @9
    trouble was, HER PEERS knew nothing about what was going on or how the ‘industry’ had grossly exaggerated their figures to suit. they were ‘persuaded’ to inflict the maximum amount of damage, so as to make an example out of her, by the total lies that the music industry lawyers told concerning the losses Jamie caused. the damage to all, except Jamie, was non-existent and probably increased actual sales of what was shared.

  • Anonymous

    @9 AxxO

    The real trouble was that Her peers were RIAA paid trolls.

    I am not kidding!

  • Anonymous

    Yes Clement!

    Don’t give these parasites even open penny!

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  • Anonymous

    Should of used full disk encryption.

  • joe

    Godard is God.

  • Kaptain Krunch

    Was his donation tax deductible?

  • Ninja

    A pioneer is a pioneer. MAFIAA could learn with him.

    You can still make money even if sharing is allowed. They should be targeting physical street sales. This kind of piracy makes me sick because ppl are making money on ideas of others unlike when you share. And worse, there are REAL criminal organizations behind.

    I’m always amused when they claim that there’s an evil criminal organization behind a file sharing site ran by young students… Really makes me laugh.

  • Anonymous

    Don’t try using the links to the SACEM and SDRM sites in enigmax’s article — they will get your IP address. PeerBlock has them blacklisted… ;) )

  • Finnonymous

    Now they’ll probably revoke the upcoming Oscar for JLG. Academy awards are just backroom dealings anyway.

    Climent Flattr’d

  • Boba Fett

    Amore e rabbia.

    Monsieur Godard, nous vous saluons!

  • uighurnations

    haha i know a film director who is maintaining a torrent site http://www.sharktorrents.com its actually pretty good

  • AnarchyNow

    Finally someone speaks up against worse than nazi Hadopi, and it’s Godard!

  • DERP

    Yeah, let’s keep making grannies pay their life savings for “stealing” some digital files.

  • Kaptain Krunch

    @ 19 Also, if you do a whois search for this site, it gets blocked which suggests that this site is a honeypot site. NoScript also blocks 12 sites as being untrusted trackers too!

  • awesome

    I would rather go to jail and do my time like a real man than just pay these assholes, screw them

  • lilars

    I’m with #20.It would be no surprise if F…ing Hollywood changed their minds about the honorary Oscar.

  • jooosh

    Well big whoop!! And I agree with #4 only she was caught sharing over 2,000 songs but only got charged for 20+ @ like $80,000 a song if I remember correctly.

  • Clinton

    1) French existential cinema, which Godard excels at, is some of the most painstakingly boring sh!t one could ever watch,

    2) That jack-off photographer more than deserves what he’s getting. I bet this Climent guy was the kind to b!tch when people nicked his photographs and shared it online and well, the gods of irony struck. Double-standard and hypocrisy exposed.

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  • Anonymous

    @Clinton

    Climent’s double-standards and hypocrisy have been exposed thanks to your COMPLETELY IMAGINARY SCENARIO where he complains about his photographs being shared?

    Yeah… I think Hillary just might have hit you a few too many times in the head, there, Bill.

  • Anonymous

    James Climent publishes his photos under the Free Art license, you’re welcome to redistribute, share and remix them. See for yourself: http://www.jamescliment.com/
    He practices what he preaches, and I give him credit for that.

    And thanks Mr Godard!

  • Whatever

    @30
    The imaginary scenario is part of his imaginary property.

    @8
    If the technology to monitor had been in existance before some parasites would have found a way to use it to their advantage.

    @12
    If those “ignorant” peers are a cross section of the avarage American people then the avarage American has no common sense, feeling for proportion or any empathy at all. Its not likely the jury actually believed that she alone would have caused millions in damage (or i need to add “cannot count” to the previous sentence ?).

    BUT it might not be something American. Just look at all the torture experiments to see that not much is needed to persuade someone to do it (like a fake gameshow with increasing voltages). So when the judge “instructs” the jury, they might feel obliged to destroy someone’s life over a few bytes.

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  • MuParadigm

    I’ve torrented a lot of Godard’s films, which can be hard to find in my country. I’m kind of relieved to learn that he doesn’t mind.

    Plus, it’s cool to know that one of the world’s greatest directors/filmmakers is on our side.

    .

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