First HADOPI Victim Convicted, Not For His Own Infringement, But Because His Wife Downloaded Songs

from the soon-to-be-ex-wife dept

Well, here's a nice contrast: just when a judge in the US has ruled that users there have no obligation to lock down their wifi connections, a court in France decides the exact opposite. What makes the story even more significant is that the individual concerned is the first person to be convicted under France's 3-strikes law, generally known as HADOPI.

Not all of the facts of the case have been released, but we do know that he received and apparently ignored the statutory three warnings from HADOPI, and then was summoned to court, where things started to get interesting. As TorrentFreak reports:

the man told the court today that he is incapable of downloading and did not commit the infringements. Supporting his claims he brought into court the person actually responsible for the file-sharing.
That person turned out to be his wife (actually, soon to be ex-wife), who admitted that she had downloaded some Rihanna songs. But as Guillaume Champeau of Numerama pointed out to TorrentFreak, ironically this did not get him off the hook -- on the contrary:
"By saying he knew she was downloading infringing content, but didn’t prevent her from doing so, he self-incriminated."
That's because under the HADOPI law, it is the owner of the Internet connection who is held responsible for any infringement committed with it, so it's the husband, not the (ex-)wife who has ended up being fined 150 euros (about $200) for negligence. That's admittedly less than the 300 euros ($400), with 150 euros suspended, that the French prosecution wanted, and far less than the maximum possible 1,500 euros ($2000) fine. But it's still a stiff price to pay for something he didn't do.

Indeed, he seems to have taken the judgment hard: Guillaume Champeau points out that HADOPI's first victim has now said that he intends to cancel his Internet subscription completely (original story in French). It's hard to see how this kind of result is going to help the growth of digital music in France, and the whole episode is a neat encapsulation of all that is wrong with HADOPI's approach.

Moreover, this case must reinforce the view that HADOPI is a colossal waste of money. In two years of existence, HADOPI has sent out 1.15 million first warnings, 102,854 second notices, and 340 "third strikes". And yet all French government has to show for the 12 million euros it costs to run HADOPI each year is the conviction of one innocent man.

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Filed Under: france, hadopi, indirect infringement, secondary infringement, three strikes, wifi


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  1. icon
    Not an Electronic Rodent (profile), 13 Sep 2012 @ 11:31am

    Re: Re: Re:

    Why are you responsible for long distance calls on your phone then, if perhaps someone else in your family made the calls?
    Totally the wrong question. A slightly more accurate analogy if you insist on talking about phone lines would be "Are you responsible for the bank robbery someone arranges using your phone line?"

    The pipe in between is nothing to do with the offence she comitted and he is no more responsible for what's on the other end of the pipe than he is for what she says to someone on the other end of the phone - if she'd downloaded 6TB of data and run up a few thousand in "over quota" charges then your analogy would fit and I'd agree the guy is responsible.

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