One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net

from the equal-before-the-law dept

The governmental body that oversees France's "three-strikes" law, HADOPI, has already been caught once infringing on the copyright of others -- by using a logo designed with unlicensed fonts. Now it's been spotted using photographs without respecting the so-called "moral rights" of the photographer, which include the right to attribution (French original), absent on HADOPI's site. Such moral rights are taken very seriously in France, where they are automatic, perpetual and cannot be waived (unlike in some other jurisdictions, such as the United Kingdom.)

As with the earlier slip, the current example shows just how easy it is for someone to infringe on copyrights through error or oversight. Of course, HADOPI doesn't accept either excuse when it's a matter of sending out its famous warnings, or disconnecting people from the Net. So, in the spirit of fairness, it would be unjust to grant itself any leeway either.

That makes two strikes against it so far; let's hope it's more careful in the future, or it will obviously be forced to cut off its own Internet connection to set an example to the rest of France.

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Reader Comments (rss)

(Flattened / Threaded)

  1.  
    icon
    jupiterkansas (profile), Feb 24th, 2012 @ 1:16pm

    Unless HADOPI serves itself a warning, they can infringe all they want. They're above the law.

     

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  2.  
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    :Lobo Santo (profile), Feb 24th, 2012 @ 1:20pm

    Re: Legate

    One could argue: if the party to which a warning is to be served is oneself, the written/verbal portion is unnecessary as the recipient is, without doubt, fully aware of the actions and consequences said warning is intended to convey...

     

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  3.  
    identicon
    hothmonster, Feb 24th, 2012 @ 1:20pm

    Re:

     

    reply to this | link to this | view in thread ]

  4.  
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    The eejit (profile), Feb 24th, 2012 @ 1:21pm

    But then it must tdo business with old-fashioned phone lines!

    WON'T SOMEONE PLEASE THINK OF THOSE POOR, ABUSED PHONE LINES!!!

     

    reply to this | link to this | view in thread ]

  5.  
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    Machin Shin (profile), Feb 24th, 2012 @ 1:23pm

    So I guess if they slip up again and don't turn themselves over to prosecution then those who are prosecuted can just use that in their defense. Makes perfect sense to me.

     

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  6.  
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    hfbs (profile), Feb 24th, 2012 @ 1:28pm

    You know.. I want them to infringe another time, just to see what they'd do. But I think I can guess - they'll say 'ahh, but we don't pirate stuff, which is what we meant when we introduced this law' and they'll just carry on as usual, giving strikes against people that make the same mistakes they did and you can bet your bottom dollar, when they get 3 strikes, they're outta here.

    Long story short - HADOPI will hold itself above the law. I hope you Frenchies are up for some more protests :D

     

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  7.  
    icon
    gorehound (profile), Feb 24th, 2012 @ 1:30pm

    Hahahaha !!! But unfoirtunately in this case it will be a 3 Strikes your not out deal.
    They are of course above the law.

     

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  8.  
    identicon
    Vic, Feb 24th, 2012 @ 1:37pm

    Oh, c'mon Glyn, they are the "good guys"! They are no "stinking pirates", whatever they do - it can't be wrong...

     

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  9.  
    identicon
    HADOPI, Feb 24th, 2012 @ 1:40pm

    plebs: do as i say, not as i do


    if there was a country to revolt, i expect it to be france

     

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  10.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 1:46pm

    Re:

    What is this "dial-up" you speak of?

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 1:49pm

    Oh Glyn... you try so hard.

    What have you pirated this week? Movies? Software?

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 1:52pm

    Re:

    I think he copied your brain. It fit on a floppy disk.

     

    reply to this | link to this | view in thread ]

  13.  
    icon
    Gwiz (profile), Feb 24th, 2012 @ 1:59pm

    Re:

    Oh Glyn... you try so hard.

    What have you pirated this week? Movies? Software?


    You're late today.

    You usually get in your "This is just piracy justification from Glyn" comment within a few minutes time and it's taken you almost an hour today.

    You feeling OK? Should we be worried about you?

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    TDR, Feb 24th, 2012 @ 2:06pm

    Re:

    To paraphrase Kryten:

    "That was an important speech, AC 11, and it needed to be made. Might I suggest, however, that all further contributions to this discussion be made by those with brains larger than a grape?"

     

    reply to this | link to this | view in thread ]

  15.  
    icon
    RonKaminsky (profile), Feb 24th, 2012 @ 2:07pm

    Unwaivable "rights"

    > Such moral rights are taken very seriously in France, where
    > they are automatic, perpetual and cannot be waived (unlike
    > in some other jurisdictions, such as the United Kingdom.)

    Oh, even in the UK you have unwaivable rights --- for example, the right of an artist to get resale royalties on his paintings is "unalienable" in the UK.

    What I find absurd about such "rights" is that by codifying them, the governments are stripping at least one other "right" from creators --- the right to give one's creations away to someone else or to the general public, with no strings attached. For many creators in the modern era, this right is much more important.

     

    reply to this | link to this | view in thread ]

  16.  
    icon
    Blatant Coward (profile), Feb 24th, 2012 @ 2:10pm

    Re: Re:

    Sacred Blue!

     

    reply to this | link to this | view in thread ]

  17.  
    icon
    Mike42 (profile), Feb 24th, 2012 @ 2:12pm

    Re: Re:

    Low density, single sided.

    Burn!

    Later, Masters of the Universe is about to come on...

     

    reply to this | link to this | view in thread ]

  18.  
    icon
    hfbs (profile), Feb 24th, 2012 @ 2:13pm

    Re:

    I pirated a few films and Mobys latest album this week.

    HADOPI has infringed copyright twice and by their own laws, have one chance left.

    I fail to see how these two sentences are related (also, use-mention distinction).

     

    reply to this | link to this | view in thread ]

  19.  
    icon
    Hephaestus (profile), Feb 24th, 2012 @ 2:20pm

    Re: Re:

    Dude, on a good day, four heads or tails coins is all you need for his mind.

     

    reply to this | link to this | view in thread ]

  20.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 2:29pm

    Re: Re: Re:

    Monie dew!

     

    reply to this | link to this | view in thread ]

  21.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 2:30pm

    They'll use the same arguments all the name calling anti-freetards idiots and say it doesn't apply to them, or apply some magical unicorn RIAA accounting that doesn't count what they did as strikes.

     

    reply to this | link to this | view in thread ]

  22.  
    identicon
    Ilfar, Feb 24th, 2012 @ 2:34pm

    Re: Re:

    DeeedeeedeeedeeedooodedoodrrkssssshhhhHSSSSSHHHHHHshhhhhhh!

     

    reply to this | link to this | view in thread ]

  23.  
    icon
    Baldaur Regis (profile), Feb 24th, 2012 @ 2:36pm

    The law applies to one and all...

    ...except on the planet Hadopi, where bold knights riding unicorns vanquish filthy pirates by the clever use of insults and baguettes.

    Meanwhile, back on Earth, HADOPI shrugs and says "No comment, and you can quote me on that."

     

    reply to this | link to this | view in thread ]

  24.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 2:49pm

    HADOPI only applies to infringement through electronic communications services. Warnings are initiated from a complaint by the copyright holder. A second warning must come within 6 months of the first. A third warning must come within 1 year of the second.

    How strong can a claim be if one has to rely on arguments that have no basis in reality?

     

    reply to this | link to this | view in thread ]

  25.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 3:58pm

    Re:

    Ah yes, just ignore the hypocrisy and focus on the semantics. That's the way to go.

     

    reply to this | link to this | view in thread ]

  26.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 4:59pm

    Re: The law applies to one and all...

    A free baguette every time I pirate something? I want to move to planet Hadopi.

     

    reply to this | link to this | view in thread ]

  27.  
    icon
    Watchit (profile), Feb 24th, 2012 @ 8:29pm

    Re: Re:

    maybe the poor troll is sick?

     

    reply to this | link to this | view in thread ]

  28.  
    icon
    Watchit (profile), Feb 24th, 2012 @ 8:31pm

    Re: Re: The law applies to one and all...

    Forget the baguette! UNICORNS!!!! XD

     

    reply to this | link to this | view in thread ]

  29.  
    icon
    MahaliaShere (profile), Feb 24th, 2012 @ 8:44pm

    Re: Re:

    +1 Dwarfer

     

    reply to this | link to this | view in thread ]

  30.  
    icon
    MahaliaShere (profile), Feb 24th, 2012 @ 8:45pm

    Re: Re: Re:

    Yeah, sick from being fed too much.

     

    reply to this | link to this | view in thread ]

  31.  
    identicon
    Anonymous Coward, Feb 24th, 2012 @ 8:50pm

    Re: Re:

    Unlike some on here, I have a life.

    Unlike Glyn's, it's not dedicated to trying to justify my illegal online activities.

     

    reply to this | link to this | view in thread ]

  32.  
    identicon
    DC, Feb 25th, 2012 @ 12:11am

    Re:

    So you support the entire HADOPI organization being disconnected from the internet they next time they infringe on copyright?

     

    reply to this | link to this | view in thread ]

  33.  
    identicon
    DC, Feb 25th, 2012 @ 12:20am

    Re:

    and why would anyone be hesitant to complain to a powerful government entity? Don't know, lobbyists seem to get that access all the time.

    Really, your arguments for locking up culture and criminalizing the populace are just disgusting.

    Pick a handle (alias) and let us know who you are .. oh .. right ... that would demonstrate that there are not thousands of ACs clamoring for ever more stringent IP protection.

     

    reply to this | link to this | view in thread ]

  34.  
    identicon
    Julia Childish, Feb 25th, 2012 @ 3:58am

    Re: Re: Re: Re:

    Merde!!!

     

    reply to this | link to this | view in thread ]

  35.  
    identicon
    God, Feb 25th, 2012 @ 4:04am

    Re:

    The French are revolting.

     

    reply to this | link to this | view in thread ]

  36.  
    icon
    The Logician (profile), Feb 25th, 2012 @ 7:16am

    Re: Re: Re:

    And unlike you, AC 31, most of us here know the difference between an unethical law and an ethical one. And that it's not wrong to oppose and ignore an unethical law. Which copyright law has become.

     

    reply to this | link to this | view in thread ]

  37.  
    identicon
    Anonymous Coward, Feb 25th, 2012 @ 8:50am

    Re: Re:

    shhhh...they'll hear you!

     

    reply to this | link to this | view in thread ]

  38.  
    identicon
    Anonymous Coward, Feb 25th, 2012 @ 12:11pm

    Re: Re: Re:

    You spend the most time on here. Unlike most, you have no life. You're entire time is spent spamming techdirt. You are by far the most pathetic troll I have ever seen.

     

    reply to this | link to this | view in thread ]

  39.  
    identicon
    Anonymous Coward, Feb 25th, 2012 @ 8:58pm

    Re: Re: Re: Re:

    He's getting paid for it.

    I'd do it myself if I thought putting "Stupid ass shill bitch" on my resume would have any chance of getting me my next job.

     

    reply to this | link to this | view in thread ]

  40.  
    icon
    Niall (profile), Feb 27th, 2012 @ 5:35am

    Re: Re: Re:

    Are those 'special' ones that have identical heads and tails?

     

    reply to this | link to this | view in thread ]

  41.  
    identicon
    Anonymous Coward, Feb 27th, 2012 @ 12:50pm

    Re: The law applies to one and all...

    Better keep it down guys, or they will taunt us a second time...

     

    reply to this | link to this | view in thread ]

  42.  
    identicon
    Prince Kwabena Mensah, Feb 27th, 2012 @ 2:16pm

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    reply to this | link to this | view in thread ]

  43.  
    identicon
    Nathanael, Feb 27th, 2012 @ 3:39pm

    Mandamus?

    HADOPI has committed two electronic infringments. Let's hope the copyright holders in the fonts and paintings make a point of sending the requisite notices to HADOPI. Then the third one, which will happen, no doubt.

    After that, it's just a matter of a private lawsuit to force the government to do what it is required by law to do. I remember the name for this in Anglo-American law -- "mandamus" -- but I don't know the equivalent under French law, though I do know that there *is* one.

     

    reply to this | link to this | view in thread ]

  44.  
    identicon
    Anonymous Coward, Mar 4th, 2012 @ 10:45pm

    Re: Re:

    Except, as I explained, there is no hypocrisy. Learn what "semantics" means. Until then, nice try.

     

    reply to this | link to this | view in thread ]

  45.  
    identicon
    Anonymous Coward, Mar 4th, 2012 @ 10:50pm

    Re: Re:

    and why would anyone be hesitant to complain to a powerful government entity? Don't know, lobbyists seem to get that access all the time.

    Who said anything about hesitating to complain to government?

    Really, your arguments for locking up culture and criminalizing the populace are just disgusting.

    Who said anything about locking up culture or criminalizing the populace? I didn't.

    Pick a handle (alias) and let us know who you are .. oh .. right ... that would demonstrate that there are not thousands of ACs clamoring for ever more stringent IP protection.

    Paranoid much? Truth isn't decided democratically. I'm sorry you think it is.

     

    reply to this | link to this | view in thread ]

  46.  
    identicon
    Anonymous Coward, Mar 4th, 2012 @ 10:53pm

    Re: Mandamus?

    Except under HADOPI, the second infringement must come within 6 months of the first, and the third must come within one year of the second.

    That seems reasonable to me, unless you want the law to be more strict than it is written.

     

    reply to this | link to this | view in thread ]


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