France's batshit HADOPI copyright law on life-support; three strikes is dying

Hadopi was the jewel in the Sarkozy regime's crown of shitty copyright policy: a rule that said if you lived in the same house as someone who'd been accused of copyright infringement, you would lose your Internet access. Heavily lobbied for by the entertainment industry and hailed as a success thanks to dodgy, misleading studies, Hadopi is now on the outs. The agency that administers it has had its budget zeroed out. Next up: outright cancellation? EFF hopes so:

Citing extraordinary costs and scant results, a high-level French official has announced intentions to defund Hadopi1, the government agency charged with shutting off Internet access of individuals accused of repeat copyright infringement. Under the French three strikes law, Internet subscribers whose connection is repeatedly used to share copyrighted material may be disconnected from the Internet and may even have to continue paying for the service (the so-called "double pain"). The three strikes law in France runs contrary to principles of due process, innovation, and free expression—yet has unfortunately served as a template for similar legislation in countries like New Zealand, the UK, and South Korea under pressure from the entertainment industry. Defunding Hadopi may mean that France won't be focusing on enforcing its three strikes law anymore, but that's not enough. France needs to repeal the three strikes law altogether.

When copyright holders (working through professional organizations) file complaints about alleged infringement, Hadopi is authorized to contact Internet access providers and issue warnings to subscribers. After the third warning of copyright infringement is issued to a subscriber, Hadopi can recommend to a public prosecutor that the individual have her Internet connection terminated. Hadopi also maintains a blacklist of subscribers to block users from simply switching ISPs after being disconnected. Though hundreds of alleged infringers have been referred to court—Hadopi has sent 1 million warning emails, 99,000 "strike two" letters, and identified 314 people for referral to the courts for possible disconnection—no one has yet been disconnected since the law was enacted in 2009.2

In speaking about the decision to significantly reduce funding for Hadopi, French culture minister Aurelie Filippetti, stated: "€12 million per year and 60 officials; that's an expensive way to send 1 million emails." Filippetti also stated that "[T]he suspension of Internet access seems to be a disproportionate penalty given the intended goal."

Repealing French Three Strikes Law is the Next Step to Safeguarding Free Expression

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