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The Act aims to curb illegal downloading of music and / or films. To do

this, the text establishes a mechanism of "flexible response" under the

leadership of the High Administrative Authority.

When someone illegally downloads a musical work or film from the

Internet, he will be called to order, first by a warning email, then, in case of recurrence, by a letter, and finally suspension or

termination of their internet subscription.

The opponents are numerous, from associations of users and citizens to French MEPs and

lawyers ...

The European Parliament also voted on April 10 a resolution

which "calls on the Commission and Member States to avoid taking

measures which are inconsistent with civil liberties and human rights

and the principles proportionality, effectiveness and deterrence, such

as the interruption of Internet access.
"

In France, the CNIL and Arcep have also spoken against the bill.

ARCEP arguing that the principle of "flexible response" puts the

Internet service providers (ISPs) in contradiction with several

existing contractual obligations(the obligation to "ensure uninterrupted access to emergency

services" for example).

CNILconsidered that, legally, the law would pose a problem of

"proportionality between the infringement of privacy (mass collection

of IP addresses, denial of Internet access) and respect for property rights (

the protection of rights). "

The suspension of Internet access concentrates critical opponents of

the text. The latter in fact consider this "disproportionate", since it

would imply a "electronic social death" of the user referred to by the

sanction.

Another problem is that tracking the pirates is to be made by private companies. The rights-holders and producers will identify the offenders on the Internet site.

Such investigations are currently jurisdiction.

Third point of tension, the law gives judicial powers to the solely administrative Hadopi authority. However, constitutionally, only the

judicial authority is able to investigate and adjudicate criminal

matters. Currently, pirates who download illegally are fined up to 300 000 euros

and risk three years in prison.

Another obstacle, and not the smallest, is at technology level: the Internet service providers (ISPs)

are not, yet, able to filter the entire network. Yet it is from the ISP

that Hadopi wants to retrieve the pirates'coordinates.

Source

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I think you might well find ISP fees rising too as it is they who will be expected to police their customers activity.

EDIT: I stand corrected on this point by Clair.

Frankly this is a seriously flawed piece of legislation made by those who absolutely do not understand what they are talking about. If you have read the article you will note that when asked about P2P and BitTorrents, the 2 prime methods of illegal file sharing, very few even really knew what they were.

It will be interesting to see how this develops, especially considering the shameless way it was prematurely and opportunistically voted on and passed by a mere 12 delegates out of 16 who were in parliament at the time out of a possible total of 577.

I'd also like to know what cultural media they profess to be trying to

protect as France is not exactly at the forefront in producing world

class music and movies and they have no mandate to be the worlds

Internet police.
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Surely the easiest way to combat piracy is to make these movies and songs available to buy at a reasonable cost?

I have maintained for years that 15 euros for a 90 minute movie is far too much, when most are worth at best 3 euros a watch. (Sometimes I feel they should be paying me to watch some of the crap they put out, but that's beside the point).

If I could pay to download a movie for 3 euros (which means no need for the materials of a dvd, thereby much greener than now) in dvd quality (not avi or dvd rips), then I probably would.

As for the music side of things, that has gone downhill majorly since the 90's and they deserve all the pirating they get because it is rubbish! They are scam artists, not pop artists.

Some bands have already gone down this road with great success. I think Radiohead last year issued an album FOC to download and then people donated how much the felt it was worth after. I believe they made more money that way as they didn't have to pay any fat cat middle men.

On the plus side of this secure your connection stuff, I have a livebox. It's hard enough for me to connect to the thing, let alone anyone else!
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[quote user="Bugbear"][quote user="ErnieY"]Not in UK it isn't nor Germany so where did you get that from ?

[/quote]

Deleted as I posted the wrong bit

European Union Directive 2006/24/EC I think is the right one

.
[/quote]

That directive relates to data retention by ISPs and telephone companies for 1 year to enable the Big Brother police state to take control of every aspect of our oops!! sorry - that is the other meeting in the paranoid room.... I mean check all our communications - emails, websites visited, phone calls etc. for possible illegal activities.

The Loi Hadopi is a french law, designed - if it is possible to use that word for such an ineptly proposed law - to counter illegal filesharing of copyrighted material and protect the rights/profits of record companies and film companies or artists.

Danny

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I wonder how this idiocy stands on Spotify.

As far as I know Spotify is entirely legal,   in that they pay fees to the record companies,  and in my case I'm paying a sub.   But I believe that Spotify works in much the same way as other sharers (ie your computer could be playing something it's stored to someone else) so it might *look* illegal from the ISP's point of view...?    It's going to be a nightmare to police.

Maybe I haven't understood it properly,   but would wholeheartedly concur with the point above that if music and film were distributed at a sensible price piracy would be very rare.

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Amendment:

The subscriber whose internet access has been suspended as a result of illegal

downloads will have to continue paying the cost of the subscription.

This had been successfully removed from the initial text approved by the Sénat last week, but a joint committee of senators and MPs has decided to re-establish the dual punishment of suspension plus subscription costs.

Loi Hadopi : la "double peine" rétablie avant le vote définitif

Hadopi law: the "double jeopardy" restored before the final vote

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[quote user="LyndaandRichard"]Is this all to do with the 3 strikes and you're out as well? I thought that was deemed illegal by European courts.[/quote]

As per my earlier post, the European Parliament voted on April 10 a resolution

which "calls on the Commission and Member States to avoid taking

measures which are inconsistent with civil liberties and human rights

and the principles proportionality, effectiveness and deterrence, such

as the interruption of Internet access.
"
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Frankly I think this whole affair is ill conceived, shabby, and worthy of a banana republic not a supposed civilised country. I hope the EU parliament takes them fully to task.

The current little Napoleon has some decent ideas but this is definitely not one of them.

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I note that the basis of the functionality of this ill begotten scheme is the installation of a piece of software so I wonder what will happen if:

A. one declines to install it

 or

B. the hackers get their hand on it.

I also note the absence of any mention of illegal downloading of software, just music and films.

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