by Mike Masnick

Filed Under:
france, hadopi, oversight, review, three strikes


54-Year Old School Teacher Who Doesn't Know How To Download Movies First To Be Kicked Off The Internet In France

from the hadopi'd dept

We recently noted that, over in France, under the HADOPI three strikes regime, they had their first 10 people get their third strike, and each was being reviewed to see if they should lose their connection. Well, it looks like the first guy has lost his connection... and it's a 54-year old school teacher who insists he has no idea how to download unauthorized content. The story is a little unclear, but it sounds like he had open WiFi, and he didn't understand what the "first strike," was really about. When he got the "second strike" notice, he tried to figure out how to secure his WiFi, but it either took too long or he was unable to figure it out... and so along came the third strike. The guy is pretty upset about this, for a damn good reason. It's going to be ridiculously expensive to fight and it may get appealed up to European courts outside of France, which would entail significant travel expenses as well. This is why it's supposed to be innocent until proven guilty, right?

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  1. icon
    Manabi (profile), 25 Jul 2011 @ 5:54pm

    Re: Re: Re: Re: secure computers

    A determined hacker will hack, we agree. But that does not preclude anyone from taking the steps that the first poster in this sub-thread described, which would pretty much stop all by a very small percentage of people.

    I would imagine now that people in France are facing possible Internet disconnection for downloading stuff that those wanting to do so are much, much more dedicated to hacking others' wireless access to avoid just such a penalty being applied to them. Kind of a nasty unintended side-effect of the law.

    Oh yeah, btw, cloning a mac address is nice, but most routers won't allow the same mac address to appear twice at a time, so if the original computer is still on, there is no hope of a connection that would be functional.

    That's easy to overcome, most people don't leave their computers on 24x7, they turn them off when they leave the house (or take them with them). Seeing as the original article even says he was accused of downloading Iron Man 2 for the third strike while he was actually at work teaching it's likely his MAC address wasn't in use at that time.

    What I find interesting is no one seems to even be speculating that his computer is infected with malware. That's another way someone could have proxied through his connection for the download, although it'd have been fairly slow unless he has fast upload speeds too. It's definitely possible though. There's just too many ways it could have been someone other than him, disconnection is too harsh a penalty. Not to mention it's silly in cases like this because it's punishing a clueless middle party while the true guilty party gets off without any punishment whatsoever. Is that really going to deter people pirating movies/music/etc? No, it's just going to lead to them framing more and more innocents for it instead.

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