First French File-Sharer Sentenced To Disconnection Under Hadopi; But Judgment May Be Unenforceable

from the talk-about-waste-of-time dept

As we've noted before, Hadopi has been a colossal failure on just about every metric, and now seems on the way out. But French taxpayers' money is still being wasted on the scheme, which continues to send out huge numbers of warnings. Ironically, given its imminent demise, Hadopi seems to have finally claimed its first disconnection victim, as PC Inpact reports (original in French.) The person involved has been sentenced to disconnection for 15 days, and must pay a €600 fine. Strangely, it seems that he or she shared only a couple of works, so even that brief period seems harsh. However, there is still scope for an appeal, so the sentence is not yet definite.

And as PC Inpact explains, even if it is confirmed, it may be unenforceable: although access to the Web can be cut, Hadopi's rules state that the filtering must not affect email, private messaging, telephone or any associated TV services. Since these are typically all provided together, that may be tricky, or even impossible. Hadopi says it only hands out suspensions: it doesn't concern itself about how -- or even if -- they can be implemented.

So after years of operation, all that the three-strikes approach has to show for the millions that have been spent, are a handful of convictions: one where someone was fined but innocent, and another where the person involved probably can't be disconnected anyway. Great work, Hadopi.

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Filed Under: copyright, disconnection, france, hadopi


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  1. icon
    The Groove Tiger (profile), 17 Jun 2013 @ 1:12pm

    Re: Re: Re: Re: Re:

    No, actually, negligence is defined as failing to do your job properly, and thus failing to prevent the damage that your job was meant to prevent. It could mean just not doing your job (which causes harm), or ignoring security measures.

    So you can be negligent when repairing a bridge, or at doing some medical stuff, or feeding your children, or any other job where your bad decisions can cause property or health damage, but ONLY if done badly, lazily, etc, not merely because you didn't make the perfect choice.

    Calling anyone negligent for not doing something you WANT them to do but that they have no responsibility whatsoever for, that's just twisting words, which you're not even very good at (and not for a lack of trying).

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