Sunday, 5 February 2012

Legal News & Articles
French anti-piracy drive ruled illegal

France's highest court has ruled that controversial anti-piracy legislation which would have allowed a government commission rather than a court to disconnect repeated internet offenders violated the principles of free speech and presumed innocence.

The French government quickly began working on ways to salvage the plan, with President Nicolas Sarkozy called top officials to an emergency meeting at the Elysée palace.

The so-called Hadopi law - which contained a “three strikes and you are out” provision for disconnecting repeat offenders -- was opposed by the Socialists, even though many of their traditional supporters in the media and artistic communities supported it. Socialist deputies are now stressing that new measures will need to be found to crack down on illegal downloads of films or music.

While Sarkozy works on alternatives, such as a special division of judges specialising in copyright law, the rest of the legislation will move ahead, according to Christine Albanel, Culture Minister. This includes plans to create an Internet High Authority, would go ahead and the first warnings to illegal downloaders would be issued this autumn. The authority will rely on online surveillance by copyright owners - usually film and music companies - to identify internet pirates.

Unless new legislation is passed, disconnecting copyright violators will now have to be submitted to a judge. Given France’s lumbersome judicial system, enforcing the law against illegal file-sharing is likely to be very limited.


 
 

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