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My understanding is that in order to 'protect' yourself against false accusations, it will be necessay to install 'government-provided' spyware which will log (maybe even report) all your internet activities.

This spyware is not cross-platform or open-source.

.. it could also easily be extended to carry out other functions, for example, scanning your machine for any illegally-installed software, scanning email messages etc.

Big Brother is with us!

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The text will be put forward again after the parliamentary Easter break.

The

new reading must begin with the Assemblée Nationale, which rejected the compromise

text adopted by the joint committee of senators and deputies.

The version, as seen and rejected, must be

reconsidered by the comité des lois before being presented again in the main chamber.

All members can submit new amendments, as can the government.

The text is then transferred back to the Sénat for a vote, where it is either accepted in its revised version, in which case it becomes law, or in an amended version, in which case the text returns to the Assemblée Nationale, which has the final word.

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There was a snippet on BBC Click this morning saying that HADOPI had been voted down by just 6 votes mainly because so many had expected it to be passed that they didn't turn up for the vote.

Anybody heard or seen anything to that effect or have they got it completely ar*e about face [:'(]
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  • 3 weeks later...
HADOPI is coming back for a vote at the Assemblée Nationale  towmorrow (Wed 29th April).

To ensure it gets voted and to avoid a repeat of the debacle witnessed earlier this month, all 317 UMP members (Sarkozy's party) have been summoned to appear and vote with their eyes closed.

The Socialists will vote against and will build on a European Parliament committee

amendment
passed last week, which

provides that no restriction on the rights of Internet users should take

without prior decision of the court
.

The Socialists found unexpected support from nearly sixty

science fiction authors, who have agreed to sign a petition stating

their opposition to the Creation and Internet law.

One of their

arguments is that the law appears as a "Trojan horse used to try to

establish control of the Internet
".

For these authors, this bill is only the beginning of the end of freedom of expression.

http://tempsreel.nouvelobs.com/actualites/politique/20090428.OBS4875/la_commission_adopte_le_projet_de_loi_hadopi.html

(In Googleese here)

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Lets hope it gets roundly defeated and relegated to the bin where it belongs.

I wonder, does France have any equivalent to the UK's parliament act which, to his eternal shame and discredit, our erstwhile leader, his Tonyness, employed no less than 3 times in a space of a mere 5 years when, up until that point, it had been invoked only 4 times since its inception in 1911 and amendment in 1949, one of those being for that very amendment ?

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  • 2 weeks later...
  • 2 weeks later...
Actually, that is just about the opposite of what is fact.

Europe (that is, the EU Parliament, such as it is) wants it to be a Right for everyone to have internet access. This HADOPI legislation defies that Right and is thus (probably) illegal by EU laws and standards. I say probably, because the EU doesn't have too much by way of teeth, they best they can probably so is a) fine defaulting countries and b) withhold grants. a) can be ignored by countries if they wish - a bit dodgy but it can happen and b) is a penalty with a bit more teeth. But whatever, it's a hugely long, drawn out and expensive process. In general, you do not want to be the Test Case used to see who wins, unless you'd like several years of despair, depression, expense, trauma and general bad karma.

HADOPI is an interesting law in the sense that guilt does not have to be proved - it seems "culprits" will receive a letter stating "we think you are downloading illegally - stop it - you've been warned". And so on to the more severe penalties right up to disconnection. No onus to determine actual guilt in there at all. So it might fall foul of the EU on that count as well.

Don't forget, illegal downloads are illegal, and laws already exist that DO require proof of guilt and if so determined, can result in very large fines and/or jail time. Not that these cases are easy or cheap to prove by the interested parties (umm, that'll be the Music Industry as being the most vocal - dunno why the Film Industry (MPAA) keep a lower profile, I'd've thought they could afford to lose cases much more that the RIAA can! :-) - so, if you do insist on using flakey, non-encrypted adware-ridden carp like LimeWire, youy might well find yourself being noticed.

It'll be interesting if the new P2P protocols that can evade deep-packet inspection and so forth CAN evade deep-packet inspection and so forth. And whether they take off - it's a situation akin to code-makers and code-breakers in times past - sometimes one and sometimes the other held the lead in an endless race.

Me, I encrypt everything I can whenever I can - why make their* jobs easy for them?

Bill

*whoever "they" are.

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  • 3 weeks later...
HADOPI has been rejected by the Conseil constitutionnel.

"Considering that "the Internet is a component of freedom of expression

and consumption
", and that "under French law, the presumption of innocence prevails," the Council notes in its decision that "it is for the judicial system to impose a sanction if it is established that illegal

downloads have taken place.
"

Hadopi: la ripose graduée censurée par le Conseil constitutionnel

(in Google English HERE)
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[quote user="NormanH"]It is good to see that Sarkozy can't ride rough-shod over basic rights.[/quote]Even in his platform heels AND standing on a box [:P]

I've asked before and I'll ask again, just who's intellectual property rights is he supposedly trying to protect. I might understand it if the French media industry were at the forefront of international critical acclaim but AFAIK it don't even warrant blip on the radar !

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This comment from a Times reader made me laugh.

"The last laugh is on the French

"artists" who supported the bill and whose artistic creations are

simply not downloaded. Even free, no-one wants French music and French

films.

Marc, Paris France, "

I agree with him on French music, but the top French movies are far superior to Hollywood movies.

R.

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So now that that is sorted, why do not hotels, campsites, cafes, brasseries etc realise that the offer of free wifi on their premises for a limited period (say one hour per user) not only will attract more custom from those who do not offer it but also limit the possibility of clients downloading too much. Most of us really nly want to do our emails and check on the news/weather/sport!!

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I know I have mentioned my new phone more than one BUT it does have Wifi and I was having a play in the bar in Quillan the other day. It picked up 5 different wlans and three of them had not security, I was spoilt for choice on which one to use for a bit of free browsing. I also noted that MCDonalds Wifi point in Limoux is still functioning.
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Now I'm sure there are many on this forum who can remember cassette tapes and how there was a hue and cry by the record industry about copying and that there should be a levy on blank tapes.  Well this all went quite when the same companies discovered that a bit of copying did wonders for their sales.  In effect, free advertising.  I was thinking that file sharing could be more of the same (the previous generation of Record Execs now long retired or passed on) when I happened to come across this

http://venturebeat.com/2009/04/21/study-finds-file-sharers-buy-ten-times-more-music/

It would be interesting to see what would happen if file sharing came to an end (which it won't)

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The people in the record industry deserve everything they get.  

Remember (well I do anyway) how they used to moan that the radio pirates on the North Sea paid no royalties?     Funny how at that same time the record companies actually sent boats out with the new releases so that they'd get played and encourage people to buy....

Only one of a long line of lies and hypocrisy.  

And the blank media levy (ie the one that was introduced on "Audio" blank CD')s just piled up in the PRS/MCPS accounts and the last I heard never got distributed to the artists.

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