Legal Authority Kills French Three-Strikes Law
Written by Ernesto on June 10, 2009The French Hadopi legislation passed last month introduced draconian measures to combat piracy, including a “three strikes” regime for persistent copyright infringers. However, France’s highest constitutional authority today ruled that Internet access is a fundamental human right and killed the three-strikes provision.
Last month, the French Parliament implemented the new ‘Hadopi’ law. Under the new legislation ISPs have to send warnings to alleged copyright infringers, who would eventually lose their Internet access upon receiving their third warning. In addition, the new law would make it possible to order ISPs to block sites such as The Pirate Bay.
The law goes directly against a decision from the European Parliament, which concluded that disconnecting alleged copyright infringers would violate the fundamental rights and freedoms of Internet users. Despite public protest, the law was backed by a majority in the French parliament and was adopted quite easily last month.
Now, in an unforeseen turn of events the Constitutional Council, France’s highest legal authority, took a similar position as the European Parliament. They deemed the provision that would cause people to lose their Internet access unconstitutional, and stopped it. Instead, the entertainment industry is only allowed to send copyright infringement warnings, something they’ve already done in the past.
The role of the High Authority (Hadopi) is to warn the downloader that he has been spotted, but not to punish him,” the Council concluded, arguing that Internet access is a fundamental human right.
The ruling by the Constitutional Council said that people can only lose their Internet connection if a court rules that illegal sharing actually took place. This also addresses one of the most serious concerns of the public who feared that they might be disconnected based on erroneous evidence.
With the uproar caused in France by the “three strikes” law, and the earlier decision of the European Parliament it seems unlikely that other European countries will propose similar measures. Especially not with two Pirates sitting down in Brussels.
Previously: ISPs and Copyright Holders Set Up ‘Pirate Review Board’
Next: Data Protection Makes Identifying Online Pirates a Nightmare
93 Responses
Well this is a boon for all mankind.
Was worth the time.
News in english : http://www.france24.com/en/20090610-top-legal-body-strikes-down-anti-piracy-law-hadopi-constitutional-council-internet-france
Nice
I’m not french, but this is definitely good news. Congratulations on someone having some sense over there.
dammit, why won’t bittorent die already, bleurgh
Good news!
The music industry was carrying France on its shoulders and was going to present its moronic 3strikes copyright-police state to the rest of Europe as an example… and if it does not pass in France with their pupped govt. theres no chance of it working in the rest of Europe!
Very very cool! Rejoice Frenchies, you came really close!
One quick question, what about:
“in addition, the new law would make it possible to order ISPs to block sites such as The Pirate Bay.”
how does that get affected?
Is that part of the law as is and only 3 strikes off the table or the whole law is scrapped?
This is great! Epic win for human rights!
@anoner
stfu. kfanxbi
Thanks to our Consitutional Council who stepped up to defend the Internet as a component of our liberty of expression.
@#6
troll harder.
with these , 3 strikes i officially out of euro
These news made my day for sure. Although I read them a bit late, so I guess they made the next one as well.
Finely some good french people on the government :)
Fuck France!
Ugh. Internet access a “fundamental human right”? Lol. That’s a joke.
Don’t get me wrong, I love the fact that they threw out the 3 strikes, but I hardly see anything about the internet that makes it a “fundamental human right” to be able to access it =/
French Culture Minister Christina Albanel, responsible for pushing the bill through, has previously threatened to resign, should the bill not pass. Hope she resigns now.
This is… fantastic.
Up yours, MAFIAA!
Also, @15:
Why shouldn’t it be? Access to the Internet means easy access to the sum total of all human knowledge and experience. Isn’t that something that every person on Earth should be able to get to?
That are good news from France indeed :) I am glad for France ISPs and public network owners.
I wonder how companies for “noncommercial file sharing is fair use” will go now when electorate showed their interest in that question in obvious way.
Tough in the end it will end as fair use or complete censorship and police state of intellectual properties. And I believe that first one is more possible then second.
@15
Do you have right for education?
Do you have right for freedom of speech?
Do you have right for public domain information access?
Internet become a very important part of modern people life and it includes information and education access and it is a medium for freedom of speech that is far more effective then ordinary ways of speech.
So if you temper with internet you temper with those rights too… For me it is natural that access to internet is a new right that may be not acknowledged yet by some people but I think by young people it is already considered to be a basic right. Or rather advanced right :)
i like france
@ 9 & 11 : you stfu, both of you. So what, you boo because i have an opinion? what is this? China?
:D:D:D:D:D:D:D:D:D:D:DD:D:D:D:D:D:D:D:D:D:D:D
loooooool
**** you sarkozy , hope your wife never ****s you again for screwing up her orders :P
So, our culture minister commented on it, saying they’ll be working this out to have a judge act somewhere in the process(probably automaticly signing the disconnection notices by the thousands), thanking everyone for their kind support to her work, and making no mention of her resigning over this.
I love my country.
http://www.guardian.co.uk/news/datablog/2009/jun/09/games-dvd-music-downloads-piracy
Now I really feel sorry for the british, the U.K. government is more susceptible to a police state then others as it appears.
woot woot
If this is a dream, don’t wake me up!
@25 We’ll know the full extent of Labour’s integrity when they release the Digital Britain report on the 16th.
It seems there are some people in France who still can see through sugar coated proposals like these, and who hold their citizens in high regard. Thank lord.
Vive la France !
Liberté, Égalité, Net-neutralité !
Piracy. FTW!
France is a founder nation of the European Union and her tenets are closely aligned with Brussels, this also counts for Germany too
freedom of acess
freedom of opportunity
freedom of data
FTW!
i especially enjoy how the American cartels are getting their butts royally kicked in Europe :-D
http://www.h33t.com giving respect to the French. vive la France!
O well, i am sure some politicians in France received a generous sum trough travel costs, meetings, declarations and so on.
Isn’t life great? Spending masses of time, earning money and still achieving nothing at all?
The french revolution is not to be shrugged off that easily *he he*
Gordon brown and the rest of the UK government would do well to take note of what has just happened in France concerning file sharing and the so-called ‘3 strikes rule’. I would also have thought that the last thing he needed was to upset the people even further by backing the anti-file sharing/ music /movie industries claims and start advocating Internet disconnection’s and court proceedings based on false information provided by the afore mentioned organisations. It also seems to me that David Lammy, minister for intellectual property, has been either conned, is easily led or has received some sort of incentive to pursue this path. If only the various industries would embrace the technology available instead of fighting it, then use it sensibly, they would make much, much more than the amounts they are supposedly losing at the moment. Every download means a lost sale. What a load of bollocks!!
Win.
SDFSAF
Finally! an Epic Win!
this is very important. WTG france!
All civilized countries recognize education as a basic human right. Only uncivilized airheads feel differently.
haha in your face Nicolas you look like a rapest anway rapeing away peoples rights anyway.
lord knows what your wife sees in you look like that old creep from family guy.
dont know what your prostitute wife sees in a dwalf dictator. take your dumb ideas out of the eu and shove them up your ass.
Europe rules !
@7
It did pass it was just struck down by the courts.
@16
In the Netherlands you can’t do your taxes without the internet, you can’t go to school without the internet, a lot of banks have dropped all their country side offices so you can only do your banking via the internet if you don’t live in a big city.
Why is it weird that internet is a human right? In most western European countries you are essential shut out society without it.
Yay. So now stealing things has been upheld as a “fundamental human right.”
@44
Nothing is stolen when you COPY a file. Troll elsewhere, or be less obvious about it…
\/
“Internet access is a fundamental human right” something that big media needs drilled inside their heads.
FTW baby !
Score one for the Pirates !
Yar matey !
@people who think I’m wrong to laugh at the concept of calling home internet access (3 strikes wouldn’t have cut people off from schools or libraries or anywhere else…) a fundamental human right:
I think you need to re-evaluate your priorities. It is my opinion that before we worry about proclaiming what is essentially a luxury item a fundamental human right that maybe we should concentrate on wiping out starvation, sweatshops, and all the other many wonders of the world first.
Not that I care about said problems, I’m much happier with my 42″ LCD than I would have been sending 1500$ to any charity, and I like my cheap clothing, and I’d be much angrier about someone taking away my internet connection than I would be about hearing about some atrocities some dictator is inflicting on his people. But I’m fine with being a selfish dick. I think calling home internet access a fundamental human right with all the *real* problems in the world is just being completely delusional, and I’m not fine with that.
Freedom, human rights, liberty = The right to rip off people according to “file sharers”.
http://online.wsj.com/article/SB124363359881267523.html
Some homeless people would disagree for them the internet is a means to find jobs, food and comfort LoL
i WILL STOP PIRATING, I promise…when…they make a return policy on bad products. I think a 30 day return policy on music movies and games is fair. Imagine getting your money back for a movie that has no ending. Leaving you hanging for a sequel. Thats garbage and its not moral. Also, Paying $50 for a game that constantly needs patches to fix all the problems it has and creates for its users. And horrid music. You pay $16 for a CD filled with garbage other than the 1 or maybe 2 songs that inspired you to purchase it. Software that is incredibly difficult to use to its potential. Thank God, for piratebay and its kin. It has saved me from spending alot of money on garbage. Believe me when I say, I have deleted as much as I have downloaded. And certainly have software and music and movies that sit idle on the shelf that would have gone directly back to where I bought it if I could have forseen the utter dissapointment that it brought me. WHERES MY REFUND!!
@49
Do you even release that for people to live a life in a city without internet is to be homeless?
My apartment i rnt only takes payment from internet, so without it i am to live on the streets?
My pay from work comes into my bank account from the accounts department of my employer via electronic banking.
Without internet banking than i have no money to buy food to eat.
So if you disconnect me from the net, than i may as well go live in one of these 3rd world mud huts and add one more person to the world problems your talking about.
spelling mistakes in my post realize*
and rent*
Seriously, do you guys think that the 3 strikes law was going to be cutting of library, university, random hotspot, business, etc internet?
My ISP has cut me off twice for not bothering to pay them. One time I got on my neighbor’s wireless to pay them off, the other time I did it from work.
Not that I couldn’t have just gone to my bank and requested that they put the transfer through for me, or sent them a cheque (ugh, waiting for mail while going through withdrawl, no thanks) but even if internet is the *ONLY* option to make a payment the 3 strikes law would hardly have resulted in not being able to use the internet for the things you claim make the internet fundamental for living a reasonable life.
Also, if you’re purchasing something that *ABSOLUTELY* can’t be purchased without the internet, instead of claiming that internet is a fundamental human right, maybe you should be bitching that a net connection shouldn’t be required for things that are necessary. Especially since, at least my government, doesn’t give out free computers and net access to everyone.
@55 Jun 11, 2009 at 05:59 by heh:
No they will be cutting people from knowledge and free speech.
Which is the same thing as cutting people from schools, business, library’s and etc.
Can you imagine fathers and mothers that make a living using the internet to sell something being cut off because their children download some music from the internetzzz?
Can you imagine those people who telework and need access to it being cutt off, can you imagine how Steve Jobs would feel if the iTunes was gone from the net because an employee download a music using their accounts?
@55 all of which can be cut off if MPAA or which ever rights holders thinks there is infringement going on.
We talking about people here who sue kindergartens for playing kids music cds.
They have also send infringement notices to a online IP printer. All they see is an IP address, not homes, not schools or businesses.
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More than 1000 Wallpapers.
In a modern world, the value of money is changing into something that is digital in nature.
As the banks move forward and change the way we interact with money, than that changes the basic fundamentals of living, which you dont seem to understand.
Perfect example of this is japan. All your account payments for train fares are now logged on your mobile phone and you run it pass a scanner to pay for your trips to and from work or school and use internet connect to the bank to make these payments.
Your backward view of the world doesn’t effect the advances that is happening.
@57 – wrongful accusations are one of the *many* reasons 3 strikes was/is a terrible idea. I don’t dispute that, I only dispute the idea that home internet access should be considered a fundamental human right.
And again, because you seem to have missed it the first few times, cutting off home internet access is not the same as cutting off internet access in general.
@58 – lol. I’m aware it’s possible that you’re correct, but I’m also aware that if something like that ended up happening it could potentially be for the better because then maybe we’d get *real* backlash against the MAFIAA. I’m choosing to give them the benefit of the doubt about their level of intelligence though.
@60 – people living in modern world!=people. Being able to live in modern world!=being able to live.
As such home internet access being fundamental to life in modern world!=internet access being fundamental to life of people.
Also @60 because I’m bored:
My view of the world is not backwards. I’m all about my toys, I’m in my 3rd year of a CPSC BSc and probably spend 10 hours/day in front of a monitor. I just happen to be aware that if I absolutely had to I’d be quite capable of living without an internet connection. It’d be a pain, yes, but there’s people with FAR more pressing issues in the world. What’s the point of creating so-called fundamental human rights if we can’t even meet these rights?
http://www.ipl.org/div/subject/browse/bus05.00.00/
Finding agriculture news, best loans, markets and tips is made trivial with the internet without it people would probably pay more and not have the amount of knowledge exchange to their business.
People all around the world can access DIY sites that will teach you how others solved a vast variety of problems including but not limited to:
- Purification of water.
- Laws.
- Production of greens.
- Manufacturing processes.
- How to make basic sanitation.
If it’s not a human right should be considered basic infra structure that amplifies the basic human rights and as a conduit for them and should be protected as an vital public asset.
@61 Jun 11, 2009 at 06:33 by heh:
I view it like this, it is a human right to have access to knowledge anything that makes part of that infra structure that allows access to it(knowledge) is part of the human rights.
If you attack the infra structure that enable human rights you are attacking human rights.
no?
I’m shocked..absolutely shocked.
I’m so stunned I pooped my panties!
Funny the response from the “Le Quadrature Du Net”
http://www.laquadrature.net/fr/hadopi-le-conseil-constitutionnel-censure-la-riposte-graduee
@63 In order to properly respond to that I’d need a fairly precise definition of the right that you say we have. What sort of information do we have a right to access? How much access? What quality of access?
For instance I hope you’d agree I don’t have the right to access kiddy porn on a 1gbit connection 24/7/365. I’m just using an extreme example to show why a definition is needed, not for any sort of analogy.
——
Free speech is important.
Freedom of information is important.
However there are limits on both, and I don’t consider cutting off home internet access to someone who insists on using their connection for illegal purposes to be a violation of some fundamental human right.
I also don’t believe there should be anything illegal about file sharing (which is another reason 3 strikes is ridiculous imo), but calling internet access a fundamental human right implies that we should never cut anyone off from it in the same way we don’t cut convicts (again, 3 strikes = no conviction = another reason it’s ridiculous) off from their food or shelter.
@heh
Going by your twisted logic, food and shelter aren’t fundamental human rights either, since both of these can be used for illegal purposes.
But apparently you *do* consider food and shelter fundamental human rights, so you’re a hypocrite.
Your argument fails.
For information, Jacques Chirac, the ex-president is in the Constitutionel Council! and other Ex-president to ,
HADOPI RIP LOL!
“However there are limits on both, and I don’t consider cutting off home internet access to someone who insists on using their connection for illegal purposes to be a violation of some fundamental human right.”
Well this law made it so that if one of your familly member does it, everybody get their access cut off. So whatever ethic or logic you might want to imply, this law was just pretty much stupid. For the main points: you had to proof that you were not the one downloading illegally, wich is clearly against french basic laws (ppl is presumed innocent) and with all the false IP usage in internet, I fugure there would’ve been alot of mistakes.
Second point is, a fair jugement is supposed to be taking place for every crime or illegal stuff you’re accused off, this law was made to pass through that and just cutt off your access if you where “supposed” guilty.
This law was made under an assumption: the CD is failing because ppl download. This assumption has been proven wrong a couple of time (cf harvard, ENTS).
Actually the concert Segment is exploding in France. And now, we have less and less “studio” artists and more and more “concert” artists. I think it’s a good thing, and it seems that many “not-in-contract-with-the-majors” artists as well.
Now I can ask you a question: Why the fuck would we buy a 20€ CD in 2009?
@hehe,
there is no point debating this with you as your only really here to waste time.
Add to the fact you stated your self “you do not do as you preach”.
Basically i do not think you should be voicing that opinion until you have donated/aid worked for these poor country and its people.
Than maybe your reasoning would carry some wight.
Plus I too would respect you, otherwise stop giving us the blooding heart treatment.
Hi,
The Constitutional Council didn’t said that Internet access is a fundamental right. it said that Internet access is a part of the expression right.
So cutting off home internet access restrict the expression right, and this is only possible if it’s a judge who decide it.
In many ways, Internet is then only way to publish news over situations like Human Rights violations or another crimes against humanity, China is an example. If in a democracy we let fewer and fewer rights, we’ll finish slaves and democracy will turn into a tyranny.
Today we have to fight for preserve our rights whenever and wherever.
We are not customers, we are citizens!
HADOPI = EPIC FAIL & a serious violation of the Universal Declaration of Human Rights.
@67 I did not say the internet is not a fundamental right due to it being capable of being used for illegal purposes. I did say that unlike actual fundamental rights, such as food and shelter, it is one that can be taken away when used for illegal purposes.
@Jonnara I kind of border on being a nihilist so most things I do are for the sake of wasting time. When I say that I’m bored I mean it in the sense that I wouldn’t bother responding if I wasn’t, not in the sense that I’m just here to troll.
For the record, it is not my intention to preach what should be human rights (which I don’t believe to be anything other than subjective anyways), just to point out how ridiculous it is to consider internet access some sort of necessity. So I am practicing what I’m preaching, I don’t believe I have any sort of god given right to the internet, I guess I just didn’t quite convey what I’m preaching quite well enough. That’s the downside to debating in a comment section I suppose, can’t proof read for clarity when you’re making all kinds of replies ~_~
@thain well shit. Guess next time I’ll read the article a bit closer, the decision makes a lot more sense to me that way.
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Well It looks like the French people CAN pull their heads from deep within their asses from time to time……probably only to take a breath
@73 me:
Food and shelter can be taken away too.
People have their homes foreclosed in America or starve to death in Africa.
It makes it less of a human right then?
Everything have limits including freedom but that doesn’t mean it’s less important, the internet is part of the infra structure that enables not only freedom to knowledge but also the right to earn a living, the right to a voice independent of who you are or what you believe in, even people who think that white supremacy is ok have the right to speak about it that is the other side of freedom that people have to deal with it but it is the people who have to deal and not be mandated to obey.
If you don’t protect the infra structure that enables all of us to exercise our rights those rights will be lost, the internet is part of those rights in my mind and should not be taken away or tamper with it and in a lot of countries they are not taken away even prisoners have access to TV, games and the internet and apply to online courses.
Criminals have rights too.
About people downloading pedophile stuff if the law says it is wrong go and punish the people you don’t need to meddle with the internet.
If a person don’t like p0rn he should make a white list for himself and he will never see a bad site in his life but you see it have to be a personal choice not a government mandate if history tells us anything is that every time governments try to micromanaged something is always inadequate.
@16 it is a human right failget, its called a right to information. Next time stfu and actually learn something before you speak, oh wait you wanna take that right away..
Now this is definately a good news for file sharers
——————-
Bagwell.
http://certcollection.org/forum
The main grounds upon which the law was rejected were that it breached the presumption of innocence, reversed the burden of proof and imposed punishments without the involvement of a judge.
I’ve translated the relevant sections of the constitutional decision against Hadopi here:
http://knowfuture.wordpress.com/2009/06/11/hadopi-rejected-by-the-french-constitutional-council-i/
Feel free to use and abuse, and tonight raise a glass to the fall of the house of Hadopi!
http://bayimg.com/JAaiBAACo
Well, being recognized as a human right is good (and obvious).
But the article says you can still loose your connection from a court. It seems to me that the high court didn’t care so much for being able to access the internet, but for the courts losing their monopoly on sentencing and penalizing. The don’t want some film company penalizing the user. The want only them to be able to do it.
So the outcome is indeed good, but it is by luck alone.
i saw a weird segment on cnn some time back. they were celebrating TPB judgement. i dont see any news on this now!
Ummm tell that to the ISPs – TPB is not accessible – and none of TPB trackers currently work here in france.
So I hope this is good news – but we’ll see how long it takes to become reality.
Give me a break, how is this a “fundamental human right”? A right is something you have by esteem of being human, like free speech or self-ownership. You don’t have Internet just by being human; it’s something you purchase (or sometimes use freely), a product. (This is also why health care is not a “right”.)
It’s a good thing this stupid law was overturned, but what ridiculous logic. Leave it to the French.
Well, given the ridiculous and legally dubious circumstances behind this crappy legislation, it’s only fitting to have it struck down under equally ridiculous and legally dubious interpretations.
pirateprideWW > Well, you know, property is a fundamental human right (at least for the european human right convention of 1948). But have the ownership on something is not free, and generaly it is the fact that you purchase a product. And sometimes you purchase a service who guarantee on the law that you own something (Notary, etc…). It is nevertheless a fundamental human right.
I had the patience to read the report of the French Constitutional Council.
OK for the fundamental right stuff, but it also says that systematically monitoring the Internet connections of the whole country is just OK for as long as there data protection directive applies to the information collected.
Ooops. Beware of HADOPI2. It will be better written (not too difficult) and will legalize Big Brother in France.
Allons enfants de la Patrie
Le jour de gloire est arrivé
Contre nous de la tyrannie …. Aux armes citoyens ! Formez vos bataillons !
Link, for the French speakers:
http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/les-decisions/2009/decisions-par-date/2009/2009-580-dc/decision-n-2009-580-dc-du-10-juin-2009.42666.html
BLAME CANADA!!!!!
:P
stupid french morons…
If this law had been implemented, then what next? Disconnection of internet access for political activists / dissenters?
This isn’t over though – beware.
Check out http://www.entertane.com for a new meta-search engine – faster, simpler – access to all your favorite torrent searches
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