After the groundbreaking decision1 from the Constitutional Council of France, last month against the three strikes law adopted in May, the. Demonstrations and protests against the Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet (HADOPI) law. 1 reference. But the correct inferences to draw are that HADOPI and Ley Sinde are just an expensive waste of time, and that people don’t expect to get.

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One must also hope haodpi don’t bring in the totalitarian control over people via the Internet that their efforts to control piracy is leading to. A certain displacement of the centres of debate and negotiation, and the international nature of the flow of interests — oey combination with the time frame of implementation and the absence of transparency concerning the politicised contents of the law like the Spanish Commission of Intellectual Property formed by politically appointed executives without judicial profile — can be considered symptoms of policy laundering.

France’s HADOPI 2 Passes – Intellectual Property Watch

Spain is considered by many to be the worst offender in Western Europe when it comes to internet copyright infrigments.

We, french people, pay for a crap we knew it would end like this. Have a Techdirt Account? Now, of course, as Techdirt always emphasizes, correlation is not causation, but it’s pretty suggestive that at precisely the same time that P2P use is dropping in France, its citizens should turn out to be the biggest premium users of Dotcom’s Mega service Unless it serves your purpose.

Join the Insider Chat. It’s just another regular service. In the field of IP, we have witnessed social mobilisation at a global scale against national and international policy initiatives, partly due to their secretive process.

Archived from the original on January 25, Section two of the Commission of Intellectual Property safeguards the rights of intellectual property against unlawful profit making or harmful behaviour Article In addition, it shows that there is a market for the content, but it is economically unviable for consumers to take part. However, in its decision on HADOPI 1 the Constitutional Council also contended that such presumption of guilt could only be acceptable if the penalty was not higher than a fine, and on the condition that: The combination of formal and informal pressures as well as the nature of domestic politics in the country took an active role in the shaping of specific policy.


The three changes described above are coordinated to fit the functions of the newly created Commission of Intellectual Property.

France’s HADOPI 2 Passes

IDC claimed that Archives Archives Monthly Reporter. Sorry, your blog cannot share posts by email. The purpose of the report is to identify barriers to U. On the one hand, state actions may not be in accordance with proclaimed principles of democratic accountability.

Yet, it is because of these mobilisations that publicity was generated about the case that made documentation available and crucial to the study of the case.

The Bill of Sustainable Economy BSE is an extensive package of laws about renewable energy and the digitalization of public administration. The service suspension did not, however, interrupt billing, and the offending subscriber was liable to meet any charges or costs resulting from the service termination.

Ley Sinde would have taken perhaps the same path as the French law, had it not been revealed that there was at least another actor intervening in the process.

Process tracing is a method — or series of methods — that allow the study of causal mechanisms. With this release of personal information, the group also announced that further attacks would be upcoming at the Goya Awards. Cities, cultural policy and governance. Click here to sign up. Views Read Edit View history.

The statute of the report establishes that it must identify the countries judged to have inadequate IP laws, according to desired U. The regulatory package was presented simultaneously as a formula against economic recession and as the first decisive step towards a new form of government and a new culture of action. While it initially favored the law voted yes in the Senate’s first readingit was chiefly responsible for the surprise rejection of the bill after the first reading in the National Assembly, as well as requesting the Constitutional Council ‘s ruling.

Once all parties are informed user and Internet service provider about the reasons and possible resolution measures, they have 48 hours to voluntarily take down unlawful content.

HADOPI May Be Succeeding — In Driving French Customers To Dotcom’s Mega | Techdirt

It’s obvious that these two things aren’t related. Finally, the issue of temporal pressure: In addition there were concerns expressed by the collecting societies, the press and major Web sites. Cookies enable us to collect information that helps us personalise your experience and improve the functionality and performance of our site. At the same time, tactics concealing and manipulating the policy process — in spite of negative public opinion — raises questions about real levels of democratic governance in the national haadopi.


This means that in about a year’s time, we can hado;i expect the Spanish department tasked with implementing Ley Sinde to publish figures showing that the number of P2P users is falling — omitting to note, of course that they, like their French counterparts, have simply moved to alternatives instead. Please read our cookie and Privacy Policy. Embassy to the Ministry of Culture of Spain right after they were aired by Wikileaks with this message from February Anonymous Coward19 Feb 5: Indeed, any new revenue for cultural works under the form of a statutory tax must go with new rights for the public — most notably the right for people to freely exchange cultural works for non-commercial purposes.

The Spanish case is of particular interest because it combines at a public policy level, both the formal and informal dimensions of influencing its direction, as well as because the controversial changes it generated are situated firmly within broader IP policies of a global scale.

The judge could also decide a one-month internet suspension as complementary penalty. Owing to its controversial nature, the bill became a subject of intense campaigning in various media, which was redoubled after its parliamentary defeat ely April 9, Those numbers are especially impressive when you take the population of those nations into account.

HADOPI raises from the dead, still as flawed

Section one has the function of mediation and arbitration on the concerns involving the Law of Intellectual Property Article 2 ; this section is formed by hadop members chosen by leg Minister of Education, Culture and Sports after proposal of the Ministries of Justice; Education, Culture and Sports; and the Ministry of Economy and Competitiveness.

Individuals identified by the post reported receiving harassing phone calls and, in one instance, a death threat. Learn how your comment data is processed.

Hell, piracy has close to no effect – you can’t even argue about “lost sales” – so why are you obsessed over it? As an experiment to hadkpi that it can stop piracy, yes, it failed, as an experiment to prove that people will go back to the labels in droves, it also failed