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Friday, 3 April 2009

French pass Loi Hadopi

The IPKat, tipped off by his friend Hugo Cox, learned that The Register has provided English-language coverage of today's breaking news that France has passed the controversial 'three-strikes-and-you're-out' law, designed to stamp out rampant file-sharing and illegal downloading of copyright-protected works [for other perspectives on the three strikes solution see posts here and here]


The new law is nicknamed the loi Hadopi, because it creates a "High Authority" (Haute autorité pour la diffusion des œuvres et la protection des droits sur Internet), which will monitor and regulate the use of the internet in France. According to The Register,
"The principle behind the law is simple. Anyone suspected of illegal downloading of material on the internet will receive two letters: a first and a second warning. The first warning will recommend that the user check to make sure that no one is surfing on the back of an unsecured Wi-Fi connection: but it will also point out that it is the subscriber’s responsibility to make sure their net access is properly safeguarded".
This has come a bit too late in the day for this Kat to get his analytical claws into the clauses, but he suspects that there may be a comment or two by the time he logs on again tomorrow night.

5 comments:

Anonymous said...

"it will also point out that it is the subscriber’s responsibility to make sure their net access is properly safeguarded"

This seems like nonsense to me. People make copies, not machines, and if the person doing the copying is not the subscriber, or acting under the subscriber's instructions, the subscriber is not infringing copyright.

To suggest otherwise is like saying that, if I go out and leave my front door unlocked, and someone uses my computer in my absence, I can be sued for any copyright infringement they carry out.

Francis Davey said...

Indeed my reading of the e-commerce directive is that someone who commercially makes available an open wifi connection (eg in a cafe) is immune from a claim for damages under as a "mere conduit". It would be odd if they could be disconnected (via HADOPI), that would seem to make the defence rather useless.

There have been concerns expressed by the commission at the possible overuse of injunctive relief against ISS providers. Although HADOPI is not injunctive (and such a body is envisaged by the directive) one can't help thinking that this undermines the principles at its heart.

I'll have to read through the final provisions carefully.

Anonymous said...

In France most politicians think its ok to punish an all group of people because one of them didn’t abide by the law. The French parliament has just voted a law that allows cutting the internet line of a group of people, a family or a business, if one of them downloads content without paying the copyright. If they want to avoid losing their internet line the French will have to spy on other members of their family or business to stop any illegal behavior related to copyright. Artist in France are much more clever than anywhere else (except maybe China or the ex Soviet Union). The French already pay many taxes that are supposed to offset the loss of income due to the infringement of copyright. Non only they pay taxes but they pay huge amounts of money ( those who work in the private sector) through their social assurance premium huge to allow hundreds of thousands of artists to get paid for nine months by the social insurance system when they have really work for three months ( “Regime des intermitents du spectacle”) . At the time where you can be robbed, raped or injured with impunity in big areas where millions of people live without any protection of the state ( the police refuse to go there because it’s too dangerous) it’s certainly more important to remind to the French that copying music on the internet is the ultimate crime ! It’s what does any teenager. Not surprising that in France medias use the word “ les jeunes” (meaning young people) to say punk or tout. You could imagine that so much money invested in French artist would encourage creativity! As a matter of fact where are our Bach Mozart or Vinci (a time when copyright didn’t exist.) Sure the creativity has never been so low but artist have never been more convinced that France need a more powerful state system (In France the state system get only 52 % of the total income)

Anonymous said...

The French Parliament has just rejected the HADOPI bill : http://www.assemblee-nationale.fr/13/ta/ta0266.asp
It seems that there were not enough MPs in favour of this bill available to vote for it.
This is reminiscent of what happened when the DADVSI bill was debated...

florian said...

The bill was rejected by 21 votes against 15. It seems that the easter break was just too close.

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