Broadband

by Mike Masnick


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

Companies:
hadopi



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. identicon
    James Plotkin, 25 Jul 2011 @ 7:59am

    Two words: Oy Vey

    Did anyone seriously doubt that a case like this one would come up? I love that they took the guy's internet away anyways...

    I'm usually quick to criticize the sloth and lethargy with which legislators react to real world issues. I have to say that this time, France has acted to hastily. They clearly didn't think this one through.

    Never mind the fact that creating this law implies that the internet is akin to drug dealing (and another 3 strikes rule doing wonders for the U.S prison population), it also warps the idea of what internet enforcement is and should be.

    I'm all for governments stepping in and policing child pornography and human trafficking on the internet. But IP matters are a sepreate issue entirely.

    Intellectual property rights are private and should not be enforced by the government on behalf of individuals (who are more often than not quite capable of representing themselves). This system is analogous to a drivers license point system. The difference is that on the roads, it is the government (through police) to regulate traffic and punish disobedience. Copyright and trademark holders have always had the burden of policing their own assets. This law is a perversion of that.

    Finally, the analogy is still flawed in that a person can ask the court for a special dispensation to use their car for a purpose like work (if they are a delivery person for instance). This law doesn't even have an express provision of that sort.

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