French "three-strikes" copyright law passes -- but may be dead anyway

You may have heard about the French Assembly passing Sarkozy's mad "three-strikes" bill, which will allow big media companies to force ISPs to disconnect you by accusing you of copyright infringement (without even having to produce proof). Jeremie Zimmermann, a leading French activist opposed to the bill, has a good analysis of the problems it will face, even having passed:

* HADOPI is legally dead because it opposes to fundamental principles of French and European law, including the respect of a fair trial, principle of proportionality and separation of powers. European Parliament has also for the 4th time recalled its opposition to the French text by voting again amendment 138/464, thus voiding the French HADOPI. The law is also not respecting requirements of French constitution regarding a due process, equality in front of the law, and legality of the law, which the Constitutional Court will now have to judge.

* HADOPI is technically dead because it entirely relies on identifying users through their IP address that can be altered or high-jacked in many ways 5. As a consequence, innocents will inevitably be sanctioned. Circumvention techniques are also already largely available.

* HADOPI is dead in the media because government's propaganda didn't stand for long under close scrutiny from citizens over the net6 and to the aware consideration of a few critical elected representatives.7. A fantastic movement opposing the text allowed public debate to interfere in every possible part of the French web about the real stakes of the funding of creation in the digital age. Today, 60% of the French reject this text according to an IFOP poll8 (33% only agree to the scheme) and a wide opposition includes independent movie theaters, hundreds of independent labels, science-fiction authors and performing artists.

* Finally, HADOPI is dead politically, right in the middle of an "Hadopigate " revealing unhealthy collusion between Minister of culture and big media close to the president Sarkozy, everybody within the majority already understood that this text is a ball and chain they will have to drag along for a long time.


Solemn burial for HADOPI in French National Assembly

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