French Senate Adopts Revamped “3 Strikes” Anti-Piracy Bill
Written by enigmax on July 08, 2009France’s highest constitutional authority ruled in June that Internet access is a fundamental human right, killing the three-strikes provision in the so-called Hadopi anti-piracy legislation. Today the infamous anti-piracy bill is back and in its revamped form has just been adopted by the Senate. “3 Strikes” is back on the table. Again.
After initially being adopted back in May, President Nicolas Sarkozy recently suffered an embarrassing defeat when the original version of the controversial Hadopi anti-piracy legislation was kicked out by the Constitutional Council, France’s highest legal authority.
They had taken a similar stance to that of the European Parliament, deeming the proposed “3 strikes” regime for dealing with illicit file-sharers unconstitutional. They said that individuals must have a fair trial and striking an individual from the Internet is something only a judge can do after a hearing.
So now in modified form the bill is back. Moving the decision to disconnect file-sharers away from the Hadopi agency to the courts, the new version of the law addresses the objections of the Constitutional Council by presenting “3 strikes” cases to a judge, who will fast-track decisions in around 5 minutes per case.
The new structure is as follows. When an individual is warned about an infringement for a third time, the Hadopi agency will report the offender to a judge. After a hearing the judge will have the power to cut the individual off from the Internet, issue a fine of up to 300,000 euros, or even hand out a 2 year jail sentence.
ISP account holders who find themselves accused over the infringements of a 3rd party could be found guilty of “negligence”, risking a maximum 1,500 euro fine and a 4 week disconnection.
The revamped bill was adopted today by the French Senate and in the next few weeks will head to the National Assembly for its adoption.
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78 Responses
sucks
“After a hearing the judge will have the power to cut the individual off from the Internet, issue a fine of up to 300,000 euros, or even hand out a 2 year jail sentence.”
Did they lose their common sense?
Were talking about downloading not something that does really harm society.
France and Spain share a border but they are star systems apart. I hope people in France start their own pirate party because they need a voice of reason there.
“ISP account holders who find themselves accused over the infringements of a 3rd party could be found guilty of “negligence”, risking a maximum 1,500 euro fine and a 4 week disconnection.”
Pardon me, but if companies including govt agencies cannot secure their data and networks with armies of professional network administrators, then how can average Joe Bloggs with his ISP supplied budget WIFI router be expected to.
Absolutely reticulous. Hope that the Constitutional Council throws this piece of rubbish in the bin as well since in essence hardly anything was changed to it.
What’s needed isn’t a pirate party. What’s needed is to cut off some heads, world wide.
France is one fcked up country…
glad i dont live there
agree with 6 also
I see a lot of “show trial” happening in France. Just like the one that deep sixed Pirate Trading Bay. And the corporate control of the world continues…
that sucks stupid entertainment industry
Man, if this passes, it’s gonna suck in France (I live there).
lol? Internet access is a fundamental human right? So when your internet access goes out due to technical problems, your rights are being violated?
What’s next, watching tv is a fundamental human right.
“presenting “3 strikes” cases to a judge, who will fast-track decisions in around 5 minutes per case.”
Correction to this article and the one it pulled the figure from: 26 judges working 40 hours a week and handling 50,000 cases per year would be an average of 65 minutes per case.
Thankfully I don’t live in France. Or france, after this I don’t think it even deserves it’s capital letter.
All this work to restrict copying and sharing, which is human nature, and to squeeze for max profits, which is not.
*sigh*
Copyright needs to change.
this is a joke . they try dig a holes in the french constitution with some lies.
this new revamped will put Hadopi agency higher authority than police department. even for a police , they still need to go through a court case to prove someone guilty or not .
so why is the Hadopi agency can be allow to have such authority.
Well, I’m happy Hadopi’s been basically stripped out of his powers, however now we have fines and jail time in addition…
And what about the “safe harbor”? Does this passage “ISP account holders who find themselves accused over the infringements of a 3rd party could be found guilty of “negligence”, risking a maximum 1,500 euro fine and a 4 week disconnection” imply that bitblinder foundations are shaky at least in France?
Seems the governments of the world no longer look after our interests, just the fat pigs with pots of money!
They treat us like kids, it makes me sick, and we pay them to do it!
That’s nice. Tax payers money is being spent on politicians to drag their children in to court and disconnect the entire family from the internet.
This makes no sense whatsoever. Lunacy at it’s finest.
a grossly unjust law that even if it passes it won’t last long just for the fact that common sense and human decency still exist
What proof does the the Hadopi agency have that their data is correct? This is bullshit.
another dumb law doomed to fail. tell the content industries to f*ck off.
Gone are the days when sharing is considered a virtue, and when greed is a sin frowned upon by mankind…
Ok, how could a judge make a neutral and not precipitously decision of the removing of the freedom of communication, expression and opinion of a person, …IN ONLY 5 MINUTES??? Tell me how…
#4 needs repeating.
If companies including government agencies cannot secure their data and networks with armies of professional network administrators, then how can average Joe Bloggs with his ISP-supplied budget wifi router be expected to do so?
reminds me of Fahr 451
I’m starting to get really pissed.
this will be voted out again.
Well, I want to be as these assholes will put to millions of persons in jail… complete nonsense.
attack the electorate = commit political suicide
http://www.h33t.com laughing
The spammer ‘h33t’ is very annoying really.
Sarkozy had the first strike, he left 2 strikes before his head.
Oh man, I so want to see a politician’s child get busted and slip out of it like nothing!
Rioting, here we come!
I hear in france people prefer to stick it in the pooper anyway.
So i gues Le nain Sarkozy decided to fuck everyone in the ass and be done with it.
I suggest a new rule: every time a government tries a rule like this, torrenters go and download 10 new torrents. Or 100.
Obviously that won’t happen. But stopping p2p is like stopping smoking herb – it’s not really ever gonna happen completely.
Knew it. Silly legislation won’t go through? RENAME, REWRITE, RESUBMIT until it passes. Standard strategy for the anti-pirate mafia.
“A judge, who will fast-track decisions in around 5 minutes per case.”
Wow a whole 5 minutes talk about fast food justice. They should just say he will rubber stamp whatever the prosecutors want.
41–>Knew it. Silly legislation won’t go through? RENAME, REWRITE, RESUBMIT until it passes. Standard strategy for the anti-pirate mafia.
————–
The tactic of these anti-piracy guys is justly the persistance and they know very well that the people in general are weak and without character, and that in some moment will yield.
When the people begin to have character for defending their principles the FEW dominant and abusive individuals on the world won’t have more power. Simple truth, but that NOBODY practices…
French is leading the way for the rest of the Europe. LOVE it!
@ # 44
P2P is bigger than ever & nothing can or has ever been done to stop it.
LOVE IT!!!
Time to war drive some french gov houses and get them 3 strikes over 3rd party sharing.!!
I bet that would work better than pouting at least.
It is going to be funny to see this law go into effect in France.
People getting 2 years sentences will be priceless, then maybe the french people will start taking elections seriously.
And if it goes really bad we all can have a laugh at the MAFIAA trying to secure the natural unsecure realm of ideas LoL
ive already started pulling 10x what i did before all this crazy shit started happening.it seems like the only way you can get back at them.politicians dont care,the average joe swallows their b.s that its a heinous crime so what can you do but pirate MORE.if im going down and losing my computer 430 legally bought disks etc.im gonna make it worth it and it aint gonna take 5 minutes to prosecute me.i will cop to literally thousands and thousands of t.v programs and movies and tie them up in court for as long as i can to flush out all their lies to the public.
the governments already know a large scale rebellion is not far away.thats why the U.S.A has built their new million man internment camps and has changed the laws so even peaceful protest is considered an act of low level terrorism.they know its coming but instead of heeding the people they are planning to imprison those who wont capitulate,roll over and take it in the ass!.fuck them id rather go down fighting for what i know is right!
This was funny before money became an issue. Now they have lost there sense of humor and probably lost there minds all together.
The first time they tried to pass this money was not even an issue. After the third strike some one would be disconnected from the internet and that would be it but than slowly it started. The first time this was voted on the senate a little part was added where some one who would be disconnected from the internet would have to pay the internet bills any ways. To me that sounds like complete nonsense. Now it sounds like all the other crap. The French president has made full circle with this law. It started funny and now it is back with all other similar laws that stick of crap. Better luck next time President. :)
lunatics!! this is totalitarian madness!
Privacy is Theft.
this is utter crap!!
all because the music industry wont change its archaine way of working.
I think people just need to stop stealing copyrights. It’s illegal, remember?
“6 judges working 40 hours a week and handling 50,000 cases per year would be an average of 65 minutes per case”
Did you remember to include vacation time, estimated sick and down time or at least lunch breaks? Probably not! Fail.
“All this work to restrict copying and sharing, which is human nature, and to squeeze for max profits, which is not.”
Actually I believe greed is a very fundamental part of human nature. Idiots point the finger always at corporations, but individuals are just as greedy. Greed is everywhere in our world!
bro story cool (:
To “secure” your connection you need to install a “security software” … (trojan), to prove you didn’t use p2p and someone stole your IP adress.
You can now be suspended for a year for ANY copyright infringement (ex: upload of a copyrighted video on youtube)
They are allowed to monitor attached file in mail and instant messenger……
Welcome to China.
The only thing they are missing is how to pay the artist but i guess it’s easier to give fine and prison sentence than trying to find a real solution
Bah, let them eat cake.
ol? Internet access is a fundamental human right? So when your internet access goes out due to technical problems, your rights are being violated?
What’s next, watching tv is a fundamental human right.
Free access to information is fundamental human right. Internet, newspaper, tv, radio are mediums for information access. So yes watching tv, browsing internet, reading newspaper are human rights, because it is the way to access information
Yea…let’s take the internet away from someone when they may be making their money from it. I earn tons of cash form www slickbudget dot com and that would be a serious blow to my lively hood.
If it is “5 minutes per case”, the opposition should try to cancel that in Constitutional Council again, and if that fails, sue France for violation of human rights because “5 minutes per case” is NOT enough for a fair trial and France is therefore denying everyone right for fair trial with this law.
epic fail
The concept of paying artists directly has never really taken hold. The fact is that pirates…..are cheapskates and only in extremely rare exceptions actually contribute cash to cash-strapped artists. Think about it and be honest with yourself. When was the last time you sent money to a motion picture or recording artist?
Never right?
See my point?
The facts also reveal that the rare artist who can actually get paid directly, like Reznor and Radiohead in 2007, had to be signed, promoted and marketed to household names by the industries you claim to disrespect for a decade or more before they could get any payment at all. And in Reznor’s case, it’s with physical product, the antithesis of the whole point of the internet in the first place.
So the truth is that without label support, artists don’t get paid. Except in extraordinarily rare exception. This grows clearer everyday.
We can also see that the artists are not leaving the labels in mass. Do some research, they just aren’t. Another fact is that signing with a record label remains the holy grail of a recording career, at least in part to be able to make a decent, non-begging living and to get the huge financial support needed to tour.
So with all that pretty well established by now, and with pirates still taking the value without paying for it (fact) and also the RIAA and MPAA working as the agents of those artists, (fact) why shouldn’t the industries take every chance they have and in every way they can to gain government support to legally obstruct the pirates who are not paying their artists?
Pirates are all about copies without paying, right?…..and industries protect and defend their artists as best they can. This is far from sorted out so c’mon now. Fair is fair. And three strikes now ONLY AFTER a finding from a European judge? Extremely reasonable.
So for God’s sake people, stealing online is one thing but…….stop your whining. You don’t sound like an organized movement for the betterment of humankind, you sound like little kids.
Sarko initially said that he wanted to show the rest of Europe how to stop piracy. I think he is now only succeeding in showing the rest of Europe how totally mad the French legal system can be. If any of this goes through, I don’t fancy his chances in the next election…this will be the last straw for many people particularly the youth who are already fed up with high prices and late release dates.
Lets steal the world LoL
Holy cow! today I download 25 movies or more I really don’t remember.
100 Mb(megabits) optical is fun or what? LoL
Please send me to prison I can’t control my self as I don’t have the money to pay any fines because I’m a cheap bastard and will not defende myself in court I’m really looking foward 3 squares a day and a roof over my head LoL
It’s only me or anybody think that the french president have a name that sounds like a disease?
Why they just don’t sell AR(Augmented Reality) books with a sound stage on it LoL
http://www.youtube.com/watch?v=ZKw_Mp5YkaE
Cell phones today are capable of AR and there is even a video showing a zomby first person shooter(I think is called “arghhhhhhhh”)
“They said that individuals must have a fair trial”
A five minute judge decision is the idea of the music parasites fair trial!
Once the law is corrupted and recognized as such by the people the consensus is lost and there is no longer a law. It is then the right of the strongest.
The music parasites and the Sarkozys who do their dead are not the strongest.
How stupid are they?
“It’s only me or anybody think that the french president have a name that sounds like a disease?”
it is not just you ands Sarkozy is definitively after the name of a disease.
A Sarcoma is a cancer of the conjonctive tissue and it is deadly.
“French Senate Adopts Revamped “3 Strikes” Anti-Piracy Bill”
Huh? Btw, TF. Noscript also hates your advertisment. IE buggers, FTL.
#5 “What’s needed isn’t a pirate party. What’s needed is to cut off some heads, world wide.”
some very specific mostly high profile heads.
#31 “Sarkozy had the first strike, he left 2 strikes before his head.”
I hope he gets finished, people like him are better taken out of the equation, would make the world a better place.
We need to make the change we want to see in the world ourselves. People’s represemtatives like politicians are often useless, since they are prone to bribery, threats, distortions, blackmail, sabotage and ‘accidents’.
Honestly, what better way to controll a society then through a system of representatives.
We live in a corrupted democracy.
dont you just love how the goverment repepresent’s the interests of the people and not their own selfish motives — wait a sec, oh no thats right, they dont :(
meh, i kind of like these kind of laws..
why?
there so easy to exploit! You see.. once they start trying to track people to there IP address.. you start using every IP you can get your hands on.. wireless.. business.. you hack into everything and you create this huge ugly mess for everyone..
Yes its completely evil and mean to do this to people.. but its the sacrifice everyone must make to keep the internet free.
They do not rule the internet, the users do.. we must fight no matter what the cost.. the freedoms we enjoy now will soon be demolished if we do not.
Trust in Chaos.
we saved their sorry asses from nazis then they become nazis themselves. fukin french=fail.
WHERE IS THE FRENCH PIRATE PARTY
TIME GET OFF YOUR BUTS AND GET FORMED ALREADY.
#59 – It’s only me or anybody think that the french president have a name that sounds like a disease?
Zarkosi… Kaposi…
Kaposi’s sarcoma. There you have it :)
Forgot to add – it’s a malignant tumor so it goes well with him.
france doesn’t have pirate party !
they are sooo naive ppl, this time they got a nazi president who will make em eat their poop so maybe they will wake up
Is the french government bi polar?
Yes!
No!
Yes!
No!
Yes!
No!
…
@71 > This is incorrect.
France has 3 pirate party…
Yes… 3…
I know, it is ridiculous… :’(
@Reasoned Mind
Lessee.
Maybe if I didn’t live in poverty, I might be able to send some money to my favorite artists. One, you cannot apply a negative stereotype- the ignorant, selfish leecher- to every sharer. That’s like judging all Christians by the fundies. Two, the artists I speak of have, because of filesharing, gained another fan, one they would not have had otherwise.
Cite these “facts”, please.
Indie artists beg to differ.
Really? I wasn’t aware of this. How interesting.
Refuted as per above.
Because it is unjust to do so. The entertainment industries seek to reestablish control over their content, even going so far as to intrude on the common man’s privacy to do so. It is one thing to do this out of genuine interest for the artists and cultural progress in general, but circumstances very much suggest that the industries act in their own interests, which hurts their justification for the anti-piracy methods they employ. The industries acts for their profits; filesharers act for freedom. It is quite simple to see which is more ethical.
I see two possible outcomes of this statement:
-The statement is true, but the industries are terribly inept at serving their artists (as evidenced by their methods for paying said artists) and therefore need replacement or removal;
-The statement is false.
It is not reasonable. No legislation that so clearly opposes filesharing is reasonable. Individual freedoms outweigh the possible negatives from filesharing copyrighted material. (It is especially unreasonable if the ruling is achieved after five minutes of review.)
Some TF posters may sound like that, but would you tell that to these guys?
I am surprised the UK isn’t polishing the US’ shoes as usual! Things are quite relaxed here on the piracy front.
[i]“You want those piracy hooligans stopped? Right away mr Obama, sir!”[/i]
Beaten by France! Shocking!
The way the EU is moving on this, us pirates will have to DEFECT TO RUSSIA! (seek asylum! lol)
At least there they have some perspective on these things, and don’t care about sucking up to the US either. Lots of top class techies and hackers too.
“Maybe if I didn’t live in poverty, I might be able to send some money to my favorite artists.”
Possibly. I doubt it.
But then again, if you reason and advocate for yourself in the marketplace as poorly as you do for infringement here, it’s no wonder you live in poverty.
@Reasoned Mind
Is that so? I notice that you fail to respond to any other point I posted, and there were a number of them. Is the pot calling the kettle black?
Also, very nice attempt at a personal attack. Did I say why I live in poverty? Did I mention the circumstances behind my living situation at all? No. You simply make assumptions about me and in the same motion try to discredit my arguments. But here’s a couple things to chew on:
-Simply implying “You suck at arguing” is not the way to win a debate. It makes you look a fool by trying to establish legitimacy by means other than application of logic and reasoning. (”Reasoned” is in your screen name, so why not live up to it?)
-You don’t know me, so don’t make assumptions about me for the purpose of maintaining your fantasy life in which you are always right and I am always wrong.
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