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story category France Three Strikes Law Lives Again
This time with a new 'fast track ruling' system
10:36AM Friday Jul 17 2009 by Karl Bode
tags: legal · Fileswapping · world
Tipped by GOLFnSUN See Profile
France's Constitutional Council recently gutted the country's new three strikes law, which would have forced ISPs to kick heavy P2P users from the Internet. According to the Council, preventing users from accessing the Internet was an excessive punishment, given broadband services are quickly becoming a utility for many. The French government has now adopted a revamped version of the bill. The new bill shifts the responsibility for deciding whether users should be kicked off of the Internet from a new state agency to the courts:
On the third strike, the agency would report offenders to a judge, who would hand down either an Internet ban, a fine of up to 300,000 euros (415,000 dollars) or a two-year jail sentence, under a fast-track ruling system. Account holders found guilty of "negligence" for allowing a third party to pirate music or films using their web connection, would risk a 1,500-euro fine and a month-long suspension.
Techdirt meanwhile notes that this new "fast track system" is comprised of giving the Judge in question five minutes to make a determination on the impacted person's guilt or innocence. As Techdirt's Masnick notes, it's unlikely that bill-supporter and French President Nicolas Sarkozy, who recently was busted for violating copyright, would have wanted his own particular case given just five minutes of consideration.

Related:
  1. Spain Shoots Down 'Three Strikes' Idea
  2. The Pirate Bay Gets Sold
  3. Pirate Bay Sale Sees Insider Trading
  4. Swedish ISP Fights New Piracy Law
  5. France 'Three Strikes' Rides Again
  6. Barry Manilow Highlights 'Three Strikes' Law Stupidity
  7. British Cops, Spies Oppose 'Three Strikes'
  8. Will 'Three Strikes' Come To The United States?
Forums » France Three Strikes Law Lives Again
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hoyleysox

join:2003-11-07
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Isn't this harsher than the last proposal?

Was the last proposal rejected because it was too lenient?
It just kicked people off the internet.

This proposal fines people hundreds of thousands of Euros and jailtime.

Maybe they are sending a message: accept this version or the next one will be even harsher.

GOLFnSUN
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2 edits

Re: Isn't this harsher than the last proposal?

said by hoyleysox See Profile :

Was the last proposal rejected because it was too lenient?
It just kicked people off the internet.

This proposal fines people hundreds of thousands of Euros and jailtime.

Maybe they are sending a message: accept this version or the next one will be even harsher.
I suspect that by being forced by the high court to add court hearings to kick people off the internet to the bill, that was seen as adding a lot of costs to the state to the process. And therefore, cost recovery thru fines and the threat of prison would reduce costs two ways. The fines recoup some of the costs. And the threat of prison reduces thru fear the number of cases needing to be processed.
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sonicmerlin

join:2009-05-24
Cleveland, OH

Interesting

I read into this whole copyright issue in France. I was relieved to see the socialists outright oppose the three strikes law in any shape or form.

funchords
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If they know...

If they know who to kick off the 'net, then they know who to prosecute and punish for copyright infringement. Why is the Internet a question at all? Why can't they just follow their existing law for copyright infringement and bust the wrong-doers?

They're focusing on the tool. They need to focus on the wrongdoers who are, after all, making a copy of a song and giving it away without any malice whatsoever -- hardly something to lose Internet Access, Euros, or even Freedom over.
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jester121

join:2003-08-09
Lake Zurich, IL
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Wha???

France's Constitutional Council recently gutted the country's new three strikes law, which would have forced ISPs to kick heavy P2P users from the Internet.
So now Karl is in agreement that all P2P is good for is pirating?

The regulations apply to piracy, not just "heavy P2P users".

mod_wastrel

join:2008-03-28

And for stealing bread...

they'll re-institute that old practice of cutting off your hands.
openbox9

join:2004-01-26
Alexandria, VA

Re: And for stealing bread...

Would help deter theft

BabyBear
Keep wise ...with Night-Owl

join:2007-01-11

Re: And for stealing bread...

Until a bunch of stolen loaves of bread are found with bite marks.

NetFixer
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Re: And for stealing bread...

said by BabyBear See Profile :

Until a bunch of stolen loaves of bread are found with bite marks.
The French have an historic cure for that crime too.



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dadkins
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join:2003-09-26
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Do as I say...

... not as I do:

"As Techdirt's Masnick notes, it's unlikely that bill-supporter and French President Nicolas Sarkozy, who recently was busted for violating copyright, would have wanted his own particular case given just five minutes of consideration."
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jig

join:2001-01-05
Hacienda Heights, CA

pthpt

this would be unconstitutional in the US. it's probably not kosher in France either.
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jmycknshk
...bring your green hat

join:2004-07-02
West Chester, PA

hmm

it's a feel-good band-aid that won't really accomplish much. are they really going to be able to enforce this, when it's easy to leach on to your neighbor's open connection, crack WEP(which lots of people still use--i.e., verizon FIOS setups), or spoof MAC addresses?

it's hard to catch a moving target, too. anyone could drive around on city wi-fi or hotspots and they would never know.

what they need is jail time, if they want to make it effective.
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Forums » France Three Strikes Law Lives Again


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