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story category French Senate Passes 'Three Strikes' Piracy Law
On second strike, users would lose access for a year...
(old news - 02:51PM Monday Nov 03 2008)
tags: legal · Fileswapping · world
The entertainment industry has been placing immense pressure on global governments to enact "three strike" rules requiring that ISPs filter pirated content from their networks, and boot third time offenders. This of course raises all manner of questions, from the unreliability of ISP piracy detection and DMCA letter notification systems, to who -- assuming Santa isn't real -- keeps the master naughty list offenders who float between ISPs. None of this appears to worry the French, who this week signed off on a new three strikes law. In this case, the second strike isn't too gentle: offenders would lose Internet access for a full year.
The Senate passed the law 297 to 15 with Communists abstaining. The Senate rejected an amendment by Bruno Retailleau, a right-wing senator, who wanted to substitute a fine for the service cut-off. Retailleau argued that depriving people of Internet access is unfair because the service often comes bundled with television, telephone and other services.
Too bad, so sad, mon ami? It's hard to think that ISPs, many of whom can't even bill and support paying customers correctly, will ever be able to effectively identify, track and punish users on their own networks, much less coordinate with other ISPs to police repeat offenders. The potential for screwups and financial waste with this kind of law is simply immense.

Related:
  1. Swedish ISPs Defang Piracy Law
  2. France To Pass 3 Strikes Law
  3. Judge Exploring Pirate Bay Judge Bias...Was Biased
  4. French Court Guts 'Three Strikes' Law
  5. Music Industry Wants ISPs To Adhere To Nonexistent Laws
  6. Spain Shoots Down 'Three Strikes' Idea
  7. The Pirate Bay Gets Sold
  8. Pirate Bay Sale Sees Insider Trading
Forums » French Senate Passes 'Three Strikes' Piracy Law
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Raptor
Not a Dumptruck

join:2001-10-21
London, ON
·Rogers Hi-Speed
·Bell Sympatico

Bad Business Model?

I can't see the ISP's being entirely diligent on this one as it would cost them customers in the end. I don't see this working. The government let alone the ISP's aren't competent enough to reliably enforce such a measure even if they wanted to do so, privacy issues aside.

Now I'm curious as to the feedback, if any, that will come from the EU. I'm not that familiar with how much influence the EU has though in regards to such an issue.
--
....where's my fiber?

S_engineer

join:2007-05-16
Chicago, IL

Re: Bad Business Model?

this may further fracture alliances within the EU, as it should. I think if they pause and peer into their own financial messes, they may realize that they bigger fish to fry!

BIGMIKE
Premium
join:2002-06-07
Westminster, CA

Cracking a wireless network in 3 minutes

»hardware.slashdot.org/article.pl···from=rss

Turbo-charged wireless hacks threaten networks

The latest graphics cards have been used to break Wi-Fi encryption far quicker than was previously possible. Some security consultants are already suggesting the development blows Wi-Fi security out of the water and that corporations ought to apply tighter VPN controls, or abandon wireless networks altogether, in response.
»www.theregister.co.uk/2008/10/10···hacking/
Gogo1

join:2004-05-27
Brooklyn, NY

Re: Bad Business Model?

said by BIGMIKE See Profile :

The latest graphics cards have been used to break Wi-Fi encryption far quicker than was previously possible. Some security consultants are already suggesting the development blows Wi-Fi security out of the water and that corporations ought to apply tighter VPN controls, or abandon wireless networks altogether, in response.
»www.theregister.co.uk/2008/10/10···hacking/
So are appropriately chosen passwords still safe for WPA2 if it is brute force? It sounds like it. For now.
Whats a suitable password? Just something very long and using caps, numbers, special characters etc?
Although what those guys are suggesting is that its just a matter of time before any WPA2 password can be brute forced, is that correct?

Simba7

join:2003-03-24
Billings, MT

3 edits

A Death Blow?

I'm sure that when a ISP looses half of their customers they'll say "Fsck This!!" and go back.

"I was just downloading a Linux CD using BitTorrent!"

Not to mention the amount of WiFi hacking that will occur just to get online.

MarkAW
Barry White or lil bratt
Premium
join:2001-08-27
Canada

1 edit

The French can....

Mordez-moi!

Hazy Arc

join:2006-04-10
Greenwood, SC

Impossible to Enforce

This will be quite impossible to enforce. That being said, doesn't the French bureaucracy have more important fish to fry...like how to deal with the struggling economy?

Karl Bode
News Guy
join:2000-03-02

Re: Impossible to Enforce

Well, I'm sure they've been told that if the government spends a billion dollars playing whack-a-mole, they'll infuse the French economy with billions of dollars and millions of new jobs....
SilverSurfer

join:2007-08-19

Re: Impossible to Enforce

said by Karl Bode See Profile :

Well, I'm sure they've been told that if the government spends a billion dollars playing whack-a-mole, they'll infuse the French economy with billions of dollars and millions of new jobs....
You betcha! (insert wink here from Caribou Barbie.) In the same manner that a $700B bailout for private corps in the U.S. will create and stimulate jobs in the healthcare industry and cut waste concurrently.

N3OGH
Bear patrol must be working like a charm
Premium
join:2003-11-11
Philly burbs
·Verizon Online DSL

What about due process?

You can be damn sure there had better be some sort of impartial due process involved before you're taking my internet access away for a year.

Sorry, but I'm not willing to rely on a database run by the MPAA and RIAA and a table of dynamic IP addresses that rotate every time the wind blows.

And for the record, I do NOT download movies or music unless I pay for them from a legitimate source. I believe piracy is theft, and thieves should be punished.

But the word of some corporations simply isn't enough. There must be an outside review by some sort of impartial arbiter before someone loses their internet access for a whole year.

Shit, I fear this crap is coming here next...
--
Petty people are disproportionably corrupted by petty power…

Simba7

join:2003-03-24
Billings, MT

Re: What about due process?

It's already here. Just the rather large ISP's do it.

I'm glad ours doesn't.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
the IP owners see all torrent traffic as piracy and are incapable of knowing that there is legal p2p.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

Mashiki
Balking The Enemy's Plans

join:2002-02-04
Woodstock, ON
·Bright House
·Rogers Hi-Speed

A key part of due process means that the defendant has to have impartiality on their side. In many cases of French law, you're already guilty and have to prove your innocence. So you're already screwed by the sounds of it, the funny thing is they're probably going to track by IP address; I wonder how long before fax machines and printers are guilty of copyright infringement.

N3OGH
Bear patrol must be working like a charm
Premium
join:2003-11-11
Philly burbs

Re: What about due process?

Not long......
Anomaly95

join:2005-12-11
Phoenix, AZ

said by Mashiki See Profile :

I wonder how long before fax machines and printers are guilty of copyright infringement.
»www.audioholics.com/news/industr···-sharing
Pv8man

join:2008-07-24
Hammond, IN

This will not fly for long

Once French ISP's start loosing more then 25% of its customer base.

This is just a scare tactic, and if enforced, French ISP's will be shooting themselves in the foot financially

LiamJunket
Premium
join:2002-03-03
Ocean City, NJ
·Comcast


1 edit

There are no sanctions after 2 strikes

»French Senate Passes 'Three Strikes' Piracy Law
In this case, the second strike isn't too gentle: offenders would lose Internet access for a full year.
1st strike is an email warning. 2nd strike is a written letter. The 3rd violation or strike is the disconnection for a year. »www.upi.com/Top_News/2008/11/01/···5519011/
Internet service providers would cut off access for a year to those who continue to pirate copyrighted material after the second warning.
--
My BLOG .. .. Internet News .. .. My Web Page
Ask yourself one question: 'Do I feel lucky?' Well, do ya punk?
cpsycho

join:2008-06-03
Orangeville, ON
·Rogers Hi-Speed

My 1 peso

So how are these isp's in france gonna know the differance between a legal p2p download and illeagel one? More invastion of privacy? I know rogers networks cant tell the difference between a game packet and a freaking p2p packet. So their systems end up throttling everything. I really hope more artists go independent that way the recording industry goes bust. This way all the bs will stop. The RIAA is a plauge on this green earth.

hopeflicker
Capitalism breeds greed
Premium
join:2003-04-03
Long Beach, CA

Re: My 1 peso

said by cpsycho See Profile :

So how are these isp's in france gonna know the differance between a legal p2p download and illeagel one?
That's a silly question. It's how they do it now, they GUESS
wispalord

join:2007-09-20
House Springs, MO

umm

i think this is just punishing isp's. i guess next the people with drugs will be banned from the roads
Pv8man

join:2008-07-24
Hammond, IN

Re: umm

LOL, becaus they won't be able to tell the Legal drugs from the Illegal drugs.

ninjatutle
Premium

join:2006-01-02
San Ramon, CA

Bravo

Haha.

I hate thieves

dadkins
Can you do Blu?
Premium,MVM
join:2003-09-26
Hercules, CA
·Comcast

Define "pirated content"

A movie by file size?
A movie by HASH?
A movie by MD5?
A movie period?
Any video just because it is a video?

LOL!
Ok, on top of this... the French?
Yeah, this should be interesting!

Who has the popcorn?
--
Think outside the Fox... Opera

ARGONAUT
got ping?

join:2006-01-24
New Albany, IN

Let Them Download Cake

All there doing is picking off the low hanging fruit.

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Odd

Why would France model a law after an American game that isn't that popular in Europe?
--
"At the moment of conception."
SilverSurfer

join:2007-08-19


1 edit

Re: Odd

said by pnh102 See Profile :

Why would France model a law after an American game that isn't that popular in Europe?
Did you come up with that one all by yourself, sweetie? Mommy must be so proud of her clever boy!

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast

Re: Odd

said by SilverSurfer See Profile :

said by pnh102 See Profile :

Why would France model a law after an American game that isn't that popular in Europe?
Did you come up with that one all by yourself, sweetie? Mommy must be so proud of her clever boy!
Of course. However, I get bonus points for actually reading the article summary prior to commenting.

»Not A Chance
--
"At the moment of conception."

RARPSL

join:1999-12-08
Suffern, NY

Do the issuers of the violation letter ...

... need to prove that there was a violation or is the fact that one was issued an automatic "Strike"? The latter makes 3 unsubstantiated (and possibly erroneous) claims the required "3 Strikes" but given that under French (Napoleonic Code?) Law an accusation means that legally you are automatically guilty and it is your job to prove your innocence so that would be in sync with their system of so called (by US/non-State-of-Louisiana standards) "Justice".

So long as the simple and unverified claim counts it is easy for someone to get their access revoked just because someone accuses them of so-called wrong doing.

captnhook

join:2001-02-20
NY

Ooh la la

Sacre Bleu!
cornelius785

join:2006-10-26
Worcester, MA

the isps

if the isps are the ones to detect the 'illegal content', they better get lots of money from the government to implement the file checking. maybe the isps should fall more under a private police contractor too.
Forums » French Senate Passes 'Three Strikes' Piracy Law


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