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French "3 Strikes" Law Returns, In Slightly Altered Form

suraj.sun writes with this excerpt from Ars Technica: "The French Senate has once again approved a reworked version of the country's controversial 'three strikes' bill designed to appease the Constitutional Council. Instead of a state-appointed agency cutting off those accused of being repeat offenders, judges will have the final say over punishment. The approval comes exactly one month after the country's Constitutional Council ripped apart the previous version of the Création et Internet law. ... Not content to let the idea die, President Nicolas Sarkozy's administration reworked the law in hopes of making it amenable to the Council — instead of HADOPI deciding on its own to cut off users on the third strike, it will now report offenders to the courts. A judge can then choose to ban the user from the Internet, fine him or her 300,000 (according to the AFP), or hand over a two-year prison sentence."

159 comments

  1. So. by fuzzyfuzzyfungus · · Score: 5, Funny

    Do they have the internet in French prison?

    1. Re:So. by CommanderIsm · · Score: 0

      surreneder monkey's the french let them eat snails

  2. Could be worse by Again · · Score: 5, Interesting

    At least now it requires a judge to declare guilt. This takes the responsibility away from the ISPs which is also a good thing.

    1. Re:Could be worse by timmarhy · · Score: 5, Insightful

      it's much worse now - before they just kicked you off the internet - now some clueless judge will rubber stamp prison time.

      --
      If you mod me down, I will become more powerful than you can imagine....
    2. Re:Could be worse by Again · · Score: 2, Interesting

      it's much worse now - before they just kicked you off the internet - now some clueless judge will rubber stamp prison time.

      Good point. And switching ISPs after receiving two strikes won't help you out.

      Still, I do not like the idea of an ISP having the right to terminate services because they don't like the amount of download that I may be doing.

    3. Re:Could be worse by AHuxley · · Score: 4, Insightful

      Yes, linked to your ID card. "Papers please" at any new isp.
      You will have some life long HADOPI rating -0,1,2,3 and a * to show "caught but claims was hacked".
      Like the "No fly, no buy" in the USA, this will be a database you will not get off.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Could be worse by Hojima · · Score: 2, Informative

      Not entirely. Remember that there is technology to hide what you are truly doing on the internet. ISPs banning you on a whim is easy because they don't have to prove anything. Now you just have to say that you use an encrypted p2p video chat network (with high resolution or some other lie to cover up excessive seeding) and it will make the judge look really bad if he rubber stamps anything. Plus, you might be able to make an appeal. Still, I don't think this law will be tolerated for long if the other wasn't. Really sleazy for them to do this if you ask me.

    5. Re:Could be worse by value_added · · Score: 1, Insightful

      it's much worse now - before they just kicked you off the internet - now some clueless judge will rubber stamp prison time.

      What part of "can ... choose to ban the user from the Internet, fine him or her 300,000 (according to the AFP), or hand over a two-year prison sentence." didn't you get?

      First, I count 3 distinct options, not one mandatory "rubber stamp" option.

      Second, technical issues aren't typically relevant during sentencing, so I fail to see how "clueless judge" is anything more than inflammatory rhetoric. The best person to have deciding sentencing issues is someone who does that on a regular basis (i.e. a judge). Granted, technical issues may present difficulties from someone not as knowledgable as yourself, but that can be true in any court case regardless of the subject.

      Third, judges have in the past been known to impose restrictions on internet access here in the US. Kevin Mitnick's case comes to mind, as do the numerous cases of those guilty of possessing child porn. You'd be hard pressed to argue how the judgments in such cases are clueless, unfair, inappopriate or have the quality of a "rubber stamp".

    6. Re:Could be worse by Runaway1956 · · Score: 1

      Based on my experience and observation of courts, judges won't rubber stamp prison sentences. Instead, they will impose ridiculous fines, with the threat of prison for failure to pay the fines. The economy sucks, counties and parishes are looking for money, so fines will be imposed for spitting in public - or private, for that matter.

      It's been all about money for as long as I can remember, and things are getting tighter, and tighter.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    7. Re:Could be worse by mwvdlee · · Score: 1

      A judge can then choose to ban the user from the Internet, fine him or her 300,000 (according to the AFP), or hand over a two-year prison sentence.

      I'm assuming a judge will also have the choice of NOT punishing the victim?

      --
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    8. Re:Could be worse by Dan541 · · Score: 1

      This is why I oppose copyright.

      What sort of fucked up world do we live in where you can be jailed because some media company accuses you?

      50 years ago this would not even happen in fiction.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    9. Re:Could be worse by josiebgoode · · Score: 4, Insightful

      Of course, there will be no prison time but you will not be able to defend yourself. If you say "It's not me. Someone took over my connection without my knowledge..." You will got a 1300 euros fine anyway if you have not installed a spying software that will hinder p2p connection. Even worse: they will try also to spy on e-mails.
      --
      "La Chine en a reve... Hadopi l'a fait..."

    10. Re:Could be worse by josiebgoode · · Score: 4, Informative

      Actually, 3 year prison time and/or 300 000 euros fine are what is already applied since 2006. This is the DADVSI law.

    11. Re:Could be worse by Anonymous Coward · · Score: 1, Insightful

      > What part of
      > 1. "can ... choose to ban the user from the Internet,
      > 2. fine him or her 300,000 (according to the AFP), or
      > 3. hand over a two-year prison sentence." didn't you get?

      The little bit about

      4. realise lack of guilt, and tell accusers to go get more evidence.

      Where's that option?

    12. Re:Could be worse by SlashWombat · · Score: 1

      Fair enough, however, any Judges found to have broken the law (even once) should be subject to appropriate penalties ... I think the guillotine would be appropriate for France.

    13. Re:Could be worse by Anonymous Coward · · Score: 0

      Let me double check this in the history books...
      Nope. It didn't change this time around. ;)

    14. Re:Could be worse by siloko · · Score: 1

      I do not like the idea of an ISP having the right to terminate services because they don't like the amount of download that I may be doing.

      Luckily that's not what was being proposed. ISP's are the good guys here, they tend to fight against **IAA (or their International equivilant) lobbied legislative changes if only to avoid the hassle and cost of becoming the internet's policemen. It is also worth noting that ANY law which requires court time is likely to be quickly changed if there are too many people cited because ultimately the public is not interested in putting alleged copyright infringers behind bars whereas they do want to see violent criminals brought to justice - arguing that there is not enough court time to try Mr Serial Rapist because we are too busy trying Miss Downloaded Britney isn't going to cut it.

      Trois grèves indeed!

    15. Re:Could be worse by BKX · · Score: 1

      That's always an option in court. That's why the judge is there.

    16. Re:Could be worse by Opportunist · · Score: 1

      It's much worse now.

      Some EFF'esque group (quadrature de something, forgot what it was, someone help me out here) calculated that a judge would have about 5 minutes, tops, to read the accusation, ponder it and come to a verdict. I'm pretty sure they're already cutting the rubber stamps.

      And unlike an ISP, a judge can actually send you to jail.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    17. Re:Could be worse by TheRaven64 · · Score: 4, Informative

      Note that this is not the USA. Judges in France are not elected and there is much stronger separation between the legislature and the judiciary. There is no incentive for judges to impose fines because their departments do not see the money. That's not to say that they won't make stupid decisions out of ignorance or malice, but greed is unlikely to be a motive.

      --
      I am TheRaven on Soylent News
    18. Re:Could be worse by Anonymous Coward · · Score: 2, Informative
    19. Re:Could be worse by Dogtanian · · Score: 2, Funny

      arguing that there is not enough court time to try Mr Serial Rapist because we are too busy trying Miss Downloaded Britney isn't going to cut it.

      Isn't it a bit unfortunate for those people to have such names? Particularly if (like most people) they were given them by their parents?

      Won't this prejudice any case against them?

      Also, in your example above you failed to explain what crimes these people actually committed. What if Mr. Serial Rapist had been downloading Britney Spears tracks, and Ms. Downloaded Britney was actually a serial rapist?

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    20. Re:Could be worse by Anonymous Coward · · Score: 0

      I don't know about you, but I think if you live in a system where judges just rubber-stamp everything that gets put on their desks even though they don't have a clue about it, then you've got bigger problems than a three-strike law that will take away your Internet access, anyway.

    21. Re:Could be worse by Dragonslicer · · Score: 1

      This is why I oppose copyright.

      What sort of fucked up world do we live in where you can be jailed because some media company accuses you?

      I know this may come as a shock to many people around here, but it is possible to have copyright laws without violating due process or restrictions on cruel and unusual punishment.

    22. Re:Could be worse by mariushm · · Score: 1

      The judge is supposed to give a ruling in 5 minutes... it's obvious no judge will have time to analyze the information received so it's just as bad as the previous law imho... they only changed the law by the tiniest amount so that it would pass

    23. Re:Could be worse by R2.0 · · Score: 1

      "Note that this is not the USA. Judges in France are not elected and there is much stronger separation between the legislature and the judiciary. There is no incentive for judges to impose fines because their departments do not see the money."

      While judges are elected in some local and state jurisdictions, how do you get "stronger separation from the judiciary" and the thing about the fines?

      Or did you just find it an opportune time to trot out the "Everything:Europe>Everything:US" meme?

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    24. Re:Could be worse by rtfa-troll · · Score: 1

      it is possible to have copyright laws without violating due process or restrictions on cruel and unusual punishment.

      [citation needed] - seriously. I know that it used to be possible, but I think there's pretty clear evidence that the "intellectual property" lobby is now organised and will use any small thing you give them to demand more and more. Also that they tend to be capable of getting it. Can you show anywhere in the world where things like fair dealing / fair use are really being protected as they should be? Is there anywhere where the penalties for unlicensed copying are really propoortional and reasonable and likely to stay that way in the medium to long term?

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    25. Re:Could be worse by godrik · · Score: 1

      There is really a huge separation between the judiciary and the executive/legislature system in france. Frirst from the institution and then because they hate each other,

    26. Re:Could be worse by Anonymous Coward · · Score: 0

      Cor-pirations will love this bought and paid for law!!

    27. Re:Could be worse by Xest · · Score: 1

      I'm not sure it is.

      The punishment means this has been defined as a serious offence. The level of evidence that can be provided by seeing an IP address in a swarm and linking that back to a specific individual simply by them being the internet subscribes is almost certainly not strong enough to secure such a conviction.

      I say almost certainly because I don't know French law or the French courts, I may be proven wrong because government corruption never ceases to amaze, but no sane judge should let someone go to jail over the useless evidence. Here's the important point though, even if they do then what will the response be when an innocent person goes to jail? when 10 do? when 50 do? when hundreds do?

      It's not going to be a sutainable law, either judges will do their job and the law will be a lame duck as no one can be convicted under the standard of evidence provided, or it'll result in innocent convictions which will cause uproar to the point they'll either have to backdown and remove the law or get kicked out of government.

  3. Why is there no link in the fine summary? by Anonymous Coward · · Score: 5, Informative
    1. Re:Why is there no link in the fine summary? by Anonymous Coward · · Score: 0

      If there is nothing to click, a slashdotter is lost

  4. The court gets all of 3 options, right? by vandy1 · · Score: 5, Interesting

    It sounds to me like saying that the defendant doesn't have the option of defending the charge might get it torn up, but I know nothing up French law... I know remarkably little about US law, either, since IANAL.

    Since there is no article linked in the summary, how long before someone links one in?

    Cheers

    1. Re:The court gets all of 3 options, right? by Anonymous Coward · · Score: 0

      IANAL == I Am Not A Lawyer

    2. Re:The court gets all of 3 options, right? by Arkan · · Score: 5, Informative

      The reality is bit uglier than what the article might say. When your IP will be caught exchanging one of the 10.000 referenced files on a p2p network - the HADOPI being the one who will be monitoring the p2p networks - this addendum to the three-strikes law will trigger the following events:
        - under a special, fast track process akin to the one followed for a speed ticket, the judge might order your ISP to cut your connexion, or (logical OR, not XOR) have you pay 1.500â. This is not a trial, it's a judge statement, and you'll have to go to court to defend yourself, but not before having your connexion cut and the fine paid. Btw, you'll still pay for the connexion that have been cut. You can get protection from this though: you need to install a (today inexistant) HADOPI-certified spyware (read network packet scanning, email reading spyware) on your - Windows - computer. This will magically make you not liable of this part of the law
        - you're still liable under the DADVSI (counterfeiting) law which can, on another judgment, get you up to 300.000â fine or (logical OR...) 3 years in prison
        - and then I don't see anything in the words of the proposed law that would prevent the copyright owner from suing you for lost revenue

      For the smart among you all, you'd have already noticed that everything is trigger by just one thing: an IP on a p2p network. The IP. Something absolutely, positively unfalsifiable, that can't be spoofed. Right?

      And soon, if LOPPSI goes through and you've used an encrypting bittorrent client, you'll also be sued under the premise that you're planning terrorist actions.

      The most fun part is that this addendum in it's current state allows for the HADOPI commission to "read" your - and I quote - "electronic communications". Not "p2p connexions", not "bittorrent connexions": "electronic communications". Email, web, IM, VOIP: it's electronic, it's scanned. The french government is just passing a law to get a legal eavedropping right on all national internet communications.

      I love being french those days...

    3. Re:The court gets all of 3 options, right? by Jesus_666 · · Score: 1

      There's always Quebéc (if you want to stay in a francophone area, otherwise there's the world). Seriously, with that kind of laws I'd really think about skipping town.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    4. Re:The court gets all of 3 options, right? by Anonymous Coward · · Score: 0

      Or you can simply go to Switzerland (if you don't want to cross the atlantic).

    5. Re:The court gets all of 3 options, right? by Anonymous Coward · · Score: 0

      "For the smart among you all, you'd have already noticed that everything is trigger by just one thing: an IP on a p2p network. The IP. Something absolutely, positively unfalsifiable, that can't be spoofed. Right?"

      And because an IP is so secure, I guess the HADOPI commission or any other French agency involved in enforcement of this law will have quite a puzzle when a surprising number of IPs that are sharing copyrighted materials turn out to be from their own network domains.

    6. Re:The court gets all of 3 options, right? by Hurricane78 · · Score: 1

      or (logical OR, not XOR)

      I recommend using "and/or" in that place. :)

      you need to install a (today inexistant) HADOPI-certified spyware (read network packet scanning, email reading spyware) on your - Windows - computer. This will magically make you not liable of this part of the law

      So it's the classical scheme, that churches also use to make everyone obey them. But in this case, it goes like this:
      Everyone sooner or later will "break" that "law" (making him a sinner),
      so he will install the spyware (go confess his sins),
      which will magically free him from punishment (he will not go to hell).

      you're still liable under the DADVSI (counterfeiting) law which can, on another judgment, get you up to 300.000€ fine or (logical OR...) 3 years in prison

      But you can still get punished. So the freedom from punishment is just an illusion to make you install the spyware.

      Sounds to me like a plot to bring a totalitarian surveillance to everyone, but to keep it legal because people "installed it by themselves" and "it was not forced upon them, so there is no totalitarian censorship and surveillance going on".

      *climbs into Faraday / mu-metal / nuke-safe box (aka fridge)*

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    7. Re:The court gets all of 3 options, right? by Anonymous Coward · · Score: 0

      Holy shit, this sounds horrible, seriously.
      And I thought our (german) government was bad. I recon you wouldn't approve of us invading you guys?

    8. Re:The court gets all of 3 options, right? by Anonymous Coward · · Score: 0

      The good news is that the new version of the law is so unconstitutional (email has already been considered private matter and cannot by spied over), that it will be rejected by the constitutional court. So I would dare to say that HADOPI is definitely dead now.

    9. Re:The court gets all of 3 options, right? by godrik · · Score: 1

      I love being french those days...

      I understand you man. I am a french currently working in the US and applying for a academic position back there. And I am really considering not coming back. Sure the US is not the ideal country I would like to live in, but I start wondering I could prefer to live in America than in Gattaca-BePoorAndDontComplain^wFrance.

  5. Two years prison time. Lovely by Anonymous Coward · · Score: 5, Interesting

    I'm wondering if the gambit is being done of pressing for Draconian lesligation repeatedly, so something that is "moderate" ends up getting passed like how the DMCA got passed (original bills would lock someone up for 20 years if they possessed "cracking tools" like a debugger or the strings command). First, it was three strikes, now prison time. France doesn't have the percentage of population the US does that is locked up, but all this would do is put non violent people in prison, and remove potential tax revenue (people in prison are not earning taxable income, especially for something that is a white coller issue).

  6. Un, Deux, Trois........Zoot Alors! by Bob_Who · · Score: 4, Funny

    As Robin Williams said in a great comedy routine, "So There! You Cheese Eating Surrender Monkeys!" Or Monty Python's "Your mother was a hamster and your father smells of elderberries" Well at least they are willing to put up with our merde.

    1. Re:Un, Deux, Trois........Zoot Alors! by Anonymous Coward · · Score: 3, Informative

      I am pretty sure it was Groundskeeper Willie that first said that cheese eating surrender monkeys line.

    2. Re:Un, Deux, Trois........Zoot Alors! by Amazing+Quantum+Man · · Score: 1

      Cheese eating surrender monkeys, who surrendered to the RIAA (and the French equivalent).

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  7. No due process, just a rubber stamp by Husgaard · · Score: 5, Informative

    This new legislation may also be declared unconstitutional.

    This time they try with a special court consisting of one judge to decide cases. The judge may not hear the parties involved, but is only allowed to give his decision solely based on a report from the new state antipiracy office. He is supposed to work expediently and not use more than 45 minutes per case.

    Also language has been changed in the new law text possibly making it legal to eavesdrop private communications like email for antipiracy purposes.

    The law text passed the senate wednesday, and is expected to pass the national assembly soon.

    Links in french: Numerama Le Monde

    1. Re:No due process, just a rubber stamp by rastilin · · Score: 1

      Also language has been changed in the new law text possibly making it legal to eavesdrop private communications like email for antipiracy purposes.

      On that note, how much effort is required to get a license to eavesdrop without the police looking over your shoulder, it sounds like someone could get into the e-mail of the people behind this relatively easily. Would be a great PR boost.

      --
      How do you kill that which has no life?
    2. Re:No due process, just a rubber stamp by Alsee · · Score: 4, Insightful

      Here I sit thinking the US legislature is kinda like an elementary school teacher that's been fucking all the students in his class, and along comes your post about how your kid's elementary school teach has been fucking all his students *and* he's got crabs.

      It makes me feel ever-so-slightly better about our own legislature, in a nauseatingly sad way.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:No due process, just a rubber stamp by dunkelfalke · · Score: 1

      If it fails this time they will probably try to change the constitution.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    4. Re:No due process, just a rubber stamp by Anonymous Coward · · Score: 1, Insightful

      It's time to wake up. What's happening over there is happening all over the world. It is now a race against time.

    5. Re:No due process, just a rubber stamp by Godwin+O'Hitler · · Score: 2, Insightful

      And if it succeeds this time the whole of Europe is going to use it as a pretext to do the same. Mark my words.

      It'll soon be time to emigrate to somewhere sensible. I hear some countries manage to get along fine with very few laws.

      --
      No, your children are not the special ones. Nor are your pets.
    6. Re:No due process, just a rubber stamp by dunkelfalke · · Score: 1

      Hey, Belgium managed half a year without any government just fine.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    7. Re:No due process, just a rubber stamp by Anonymous Coward · · Score: 0

      Woosh

    8. Re:No due process, just a rubber stamp by Anonymous Coward · · Score: 0

      60,000 Reichsmarks, oops, I mean Euros, is what this person pirating copyrighted works costs the People's community during his lifetime. Comrade, that is your money too. The new Aktion T4 program will solve this.
      You're welcome
      The new NSDAP
      -
      No (real) due process. Just some (so called) expert (being told how) making quick decisions.

  8. Still have to make it in front of constitutionnal by mad+flyer · · Score: 5, Funny

    This parody of a law Still have to make it in front of constitutionnal council.

    Naboleon Sarkozy is playing a "W Bush" card... constitution... that's just a piece of paper...

    I wonder why politician who purposefully push -illegal- laws don't end up in jail...

  9. Time to Mention Roman Polanski? by BBCWatcher · · Score: 0, Offtopic

    Rape a 13 year old girl and that's no problem. Downloading three Roman Polanski films could mean two years in prison.

  10. Calling Dr. Guliotine by fast+turtle · · Score: 0, Flamebait

    Should soon be heard around France in response to this law.

    --
    Mod me up/Mod me down: I wont frown as I've no crown
  11. but "three strikes" is such an American concept by Anonymous Coward · · Score: 0

    And "American" is defined as "imbecile" in French dictionaries.

    Shouldn't it be something like "five free kicks", instead?

  12. When did france... by Anonymous Coward · · Score: 1, Funny

    ... become so bourgeois?

  13. This provides the "out" for politicians. by Anonymous Coward · · Score: 0

    Guaranteed anyone in power will not have to actually be found guilty of it. Sarkozy can violate this all he wants, he'll never have to answer for it. For those in power the judge will always find the charge was unwarranted. If you're a commoner, well too bad. Let them eat dialup!

  14. Re:Still have to make it in front of constitutionn by timmarhy · · Score: 5, Insightful

    atleast the french are likely to riot and turn over a few police cars to show their displeasure. american's will form a few facebook groups and register to show their outrage...

    --
    If you mod me down, I will become more powerful than you can imagine....
  15. When bribed, politicans go stupid. by unity100 · · Score: 0

    what difference 'banning from internet by judges' does make compared to 'banning from internet through a privately sponsored decereipt govt. instutition' in regard to freedom of speech and information. can you ban people from free speech ? can you ban them from getting information ? are french lawmakers THAT stupid not to be able to establish the correlation ? no. therefore, we can only conclude that the bribes fucking RIAA dogs have expended in france are SO big that lawmakers dont hesitate to even ridicule themselves by their own hands.

    observe the power of money. if you let 'businesses be', like that moron alan greenspan preached us in the last 30 years and put on mouths of EVERY goddamn economist everywhere, this happens. they start to buy laws through the money they made from you.

    another medieval experience brought to you by the church of holistic economy. enjoy.

  16. A war of attrition... by syncrotic · · Score: 5, Interesting

    Every time you think you've defeated a bad law, it just comes back in time for the next legislative cycle. Politicians and the interests that control them are patient and persistent, while regular people can only take so much time and energy from their lives to fight these causes. Especially today, when five or six examples of gross injustice come across your average news feed every single day.

    And thus corruption and greed prevail; this is how we can all belong to something that nobody wants any part of.

    1. Re:A war of attrition... by spire3661 · · Score: 5, Insightful

      Those gross injustices have ALWAYS been going on, we just hear more about it with the rise in global comms. THis has ben going on for a VERY long time. I have no doubt that when Mickey Mouse comes up for public domain again that they will buy more politicians and set the time limit even longer.

      --
      Good-bye
    2. Re:A war of attrition... by sjames · · Score: 4, Insightful

      This is why all political decisions should be confined to a small enough region that any citizen in the area is close enough to conveniently go and flatten the responsible politicians nose.

    3. Re:A war of attrition... by Anonymous Coward · · Score: 0

      That'd be a start. But as an anarchist, might I suggest that it would be better for all if politicians were retrained to do actual, valuable work as say, plumbers, or, considering their intelligence, ditch diggers?
        We've got a lot of good ideas on that front, mon frere. Think about it! :D

    4. Re:A war of attrition... by Anonymous Coward · · Score: 0

      Mickey Mouse was never at risk, and never will be, to fall in the public domain. Mickey Mouse is not a character, it is a trademark (like Nike's "banana", the curvy Coca Cola writing, or the apple in Apple. Trademark legislation is still part of copyright, but it does not expire as for creative works.

    5. Re:A war of attrition... by westlake · · Score: 3, Insightful

      This is why all political decisions should be confined to a small enough region that any citizen in the area is close enough to conveniently go and flatten the responsible politicians nose.

      You can tell that the geek is a big city boy.

      In the small town it is the dissenter who gets flattened.

    6. Re:A war of attrition... by Felix+Da+Rat · · Score: 1

      Or perhaps he's one of them Duke boys I heard about over in Hazard County...

    7. Re:A war of attrition... by spire3661 · · Score: 1

      That is not entirely true. Popeye fell into the public domain, while retaining its trademarks.

      --
      Good-bye
    8. Re:A war of attrition... by godrik · · Score: 1

      I would love a law that allows you to punch a politician if you believe he is doing shit. I would vote for anyone that proposes that.

  17. Would be... by Anonymous Coward · · Score: 0

    This would be the ultimate ban hammer.

  18. Offtopic...... by ZiakII · · Score: 3, Informative

    I know this is offtopic, but is anyone else having problems getting the comment slider all the way down to show comments -1 and below with Firefox 3.5?

    1. Re:Offtopic...... by Anonymous Coward · · Score: 1, Interesting

      I have this problem with Firefox 3.0.11 too.

    2. Re:Offtopic...... by Anonymous Coward · · Score: 4, Funny

      Not just that. I always wonder what an Anonymous Cowardon is. Is it like a simpleton aka Slashdot programmer, or what?

      Have you tried getting _all_ comments to show with a single click without being logged in? As in, don't drag a slider and click dozens of times on "More". That would really help on a mobile device.

      But whatever, fucking Slashdot is unusable on anything under 2GHz anyway. Seriously, has anyone tried using /. on Opera mobile? Rendering takes fucking ages.

      QUIT FUCKING AROUND YOU WANNABE SLASHDOT CRACK WHORES AND HIRE SOME PROS TO FIX THE FUCKING SITE.

  19. I really ask myself by santax · · Score: 1

    How much do these top guys get payed for this, by whom... This has noting to do with fair businesses or upholding the law... This has everything to do with same very rich influencial people who can buy everything. Even a profit on a lousy businessmodel. It's the same as me, making steamengines and getting a hefy reward for every combustion engine that is being sold. Those combustion engines are stealing money away from the steamengine afterall... When will people finally stand up to this abuse? (everything is so clear after a good bottle of whiskey, I can recommend it to anyone here)

    1. Re:I really ask myself by Opportunist · · Score: 1

      It's far easier this time, Sarkozy's wife is Carla Bruni, a singer and songwriter. It's all a family matter.

      In other words, it takes nepotism to a whole new level.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  20. The Joy of Dimensionless Quantities by pushing-robot · · Score: 4, Funny

    fine him or her 300,000 (according to the AFP)

    "Your honor, on the slight chance that this court does not accept either the termite mound or the truck-load of bottlecaps, I have also brought this bag containing a sufficient quantity of dead skin cells."

    --
    How can I believe you when you tell me what I don't want to hear?
    1. Re:The Joy of Dimensionless Quantities by RedWizzard · · Score: 1

      fine him or her 300,000 (according to the AFP)

      "Your honor, on the slight chance that this court does not accept either the termite mound or the truck-load of bottlecaps, I have also brought this bag containing a sufficient quantity of dead skin cells."

      You'd be found in contempt. They're clearly looking for "300,000" written on a piece of paper.

    2. Re:The Joy of Dimensionless Quantities by arkhan_jg · · Score: 1

      Don't be silly! They're after 300â.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  21. 3 strikes for congress criters taking money? by Anonymous Coward · · Score: 4, Insightful

    Funny how no new laws protect us from really BIG crimes - the government and corporate crimes of willful destruction of the planet, waging illegal war, torture, etc.

    1. Re:3 strikes for congress criters taking money? by AHuxley · · Score: 1

      Exactly, when was the last time you heard about heavy metals?
      Just another law to reach into the home life and make you fear the internet, or turn it off for political activists.
      Be fun for the French version of the "Forward Intelligence Teams" (UK police forces that use cameras, camcorders and audio recorders to conduct overt surveillance of the public) to turn off your net too.
      Back from a protest and you get your first warning email.
      A week later the next, then no more net for you.

      --
      Domestic spying is now "Benign Information Gathering"
  22. Re:Still have to make it in front of constitutionn by Anonymous Coward · · Score: 0

    I wonder why politician who purposefully push -illegal- laws don't end up in jail...

    Because they are politicians. They have root access to the laws. Therefore, everything that they do is legal.

  23. Worry about Okinawa rapists instead of Polanski by Anonymous Coward · · Score: 0

    Worry more about GI's on the hundreds and hundreds of US bases on foreign soil and that cant be prosecuted by the local authorities.

    THEN worry about Polanski.

  24. 3 strikes law for unpassed laws by youn · · Score: 5, Interesting

    I wonder if they shouldnt work on a 3 strikes law for the executive office where every time they resend the same law for vote, they have a gradual disconnection of powers to prevent abuse... that way way we'd do away with frivolous passing of laws, wasting tons of debate time in the parliament, where the whole country's legislative body is mobilized just so that a bunch of crying failing record industry stop crying wolf... especially when their apetite is not helping creativity (the original goal of copyright) because authors will continue to publish whatever the laws... and they stop increasing penalties for hypothetical loss of revenues when taxes already exist on empty media... if nothing is done, it'll be more easy to get away with murder than to download a song.

    Seriously something is wrong with the system. Maybe the anti trust laws should be ammended to prevent continuous abuse from record labels on systems worldwide. Among deceptive practices that should be punished..
    1) rootkits
    2) region locking ... damn it if I buy a cd, I should be able to play it any way I want
    3) RIAA trials - justice system flooding, racketeering like practices, deception, borderline illegal detective work , manipulation of laws, waste of public/ defendant ressource, unfair trials ....
    4) Law keeps changing, increasingly detrimental to consumers
    5) Copyright laws keep getting extended... the original idea of 10 years was good... but damn it, life + 70... wtf? if someone makes a hit which derives continuous profit 50 years after... they have no incentive to keep creating. ....

    --
    Never antropomorphize computers, they do not like that :p
    1. Re:3 strikes law for unpassed laws by Anonymous Coward · · Score: 0

      I think it's life+90 now in Europe (and France). So watch out you 90 year old children of copyright holders, you may have to find a real job soon!

    2. Re:3 strikes law for unpassed laws by Anonymous Coward · · Score: 0

      I refer you to the *classified* study, where it was found that dead artists were 50% more creative after their death after the passing of the life + 70 law.

  25. Re:Two years prison time. Lovely by Alsee · · Score: 4, Funny

    and remove potential tax revenue (people in prison are not earning taxable income

    Duh, haven't you read the financial impact studies from music industry? Putting these people in prison will prevent six hundred trillion dollars in piracy, which means eighty two hundred trillion in extra tax revenue to the government.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  26. Re:Still have to make it in front of constitutionn by Anonymous Coward · · Score: 0

    Maybe there's an explanation for the madness.

    They want to have their cake and kill it too.

  27. Any Three Strikes Law Should Unconstitutional by carlzum · · Score: 4, Interesting

    The idea of a "3 strikes" law makes me irate. Murders', rapists', and child molesters' past offenses are assessed during sentencing, but someone selling small quantities of pot is treated like a drug lord for their third offense. Of course, someone with two murder convictions will be sentenced appropriately in most cases. If you need a law that mandates outrageous sentences against the will of judges and juries, the punishment doesn't fit the crime.

    1. Re:Any Three Strikes Law Should Unconstitutional by Anonymous Coward · · Score: 0

      You're thinking of the US (Californinan?) 3 convictions = life sentence laws. This 'three strikes' is nothing to do with that, and bears no similarity except the term used by the media to describe it. This is purely to do with accusations of intellectual property theft (ie, piracy) made by a third party against a particular IP via the ISP hosting that IP. Several laws which have free trade agreements with the US are being pressured to bringing in 'three strike' laws, and here's how it works. Someone accuses your IP of piracy. Your ISP sends you an infringement notice and asks you to stop. "Someone" again accuses your IP of piracy. Your ISP sends you a 'final warning'. The third time anybody out there (eg, the RIAA or relevant parties who'll be filing these complaints like there's no tomorrorow) accuses you, your internet connection gets severed and your name is blacklisted, meaning you can't sign up with another ISP.

      Most countries that have tried to put in these laws (eg, France, New Zealand, etc) have had them roundly rejected because a) the ISP isn't a judicial entity and it's not up them to act on legal directives, and b) it gave the person being accused no right of defense, and no actual proof was required.

      After the first draft law in France (as in NZ) got rejected, France is trying to put through new legislature saying that rather than the ISP cutting the user off at the 'third strike', it'll be up to a judge to order the user cut off. There still doesn't seem to be any right of reply, or defense, or evidential inquiry though.

    2. Re:Any Three Strikes Law Should Unconstitutional by SmallFurryCreature · · Score: 1

      These laws exist for a reason and the reason is simple. To stop the career criminals. The entire point of jail is to STOP you from commiting the crime again.

      The idea with the 3 strikes rule is that you had 1 warning and 2nd warning and now it is enough. You had 3 changes to obey the law, now the patience of society is up.

      Your kind seems to think that people should be able to continue to break the same law all their lifes.

      Tell me something, after how many times must a drunk driver be fined before his driving license is revoked? How many times can I break into your house before I should get more then community service?

      In the US selling drugs is illegal. You are NOT supposed to do it. So if you do it, you get a sentence. That sentence is NOT payment for your cime. It is not the price for being a drug seller. It is your warning, DO NOT DO THIS AGAIN. How many times should you be told this? American society has decided 2 times. 3rd time is life.

      I do not agree with the french law, but the three strikes principle seems an awfully good way to get habitual offenders out of society. The alternative is revolving door criminals.

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

    3. Re:Any Three Strikes Law Should Unconstitutional by Opportunist · · Score: 1

      Dunno about your country, in mine a murder sentence is already "for life" (only possible guilty verdict for murder 1st, too). So the first strike is already enough to make sure you won't get a second.

      And, despite being the liberal that I am, I somehow don't think it's excessive...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Any Three Strikes Law Should Unconstitutional by Xphile101361 · · Score: 5, Insightful

      If only these laws had been around earlier. It might have protected us from the likes of people like Martin Luther King Jr who alone was arrested over 20 times! I'm sure the British would also agree with you that hardened criminals like Mohandas Karamchand Gandhi should have been thrown in jail with the key tossed away after being arrested numerous times.

  28. text of law by belmolis · · Score: 2, Informative

    For those who read French, here is the actual text of the law.

  29. Re:Still have to make it in front of constitutionn by Concerned+Onlooker · · Score: 1, Insightful

    Perhaps it is not the Europeans who are more civilized after all.

    --
    http://www.rootstrikers.org/
  30. Dilemma by mr100percent · · Score: 2, Funny

    Which would you rather have, be banned from the internet for life, or serve two years in prison? I figure nearly all the /.ers will go for the prison jumpsuit.

    1. Re:Dilemma by Opportunist · · Score: 1

      If they have internet in prison...

      It wouldn't really change a lot of the average geek, would it? I mean, it's not like we'd spend a lot of time out of the apartment anyway, if we didn't have to go to work.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  31. Re:Still have to make it in front of constitutionn by plasmacutter · · Score: 1, Insightful

    Perhaps it is not the Europeans who are more courageous after all.

    if I might also suggest this is true.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  32. Re:Still have to make it in front of constitutionn by plasmacutter · · Score: 2, Insightful

    whoops, forgot to remove the "not"

    Perhaps it isthe Europeans who are more courageous after all.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  33. An astute comment from Le Monde (Google Translate) by plasmacutter · · Score: 1

    How better to sum up in few words the 2 major socio-economic trends, growth sectors of the 21st century: entertainment and security. Navel feed our complacency and our fear of others. All excuses will be good to better enslave us. We will accept, even desire the loss of freedom to better satisfy our desire for pleasure, our narcissism, our brainless. But n'incriminons person, our own consumerist decadence us for this purpose

    I suppose I could touch up the grammar mistakes made by an automated translator, but the message comes across quite clearly and eloquently as is.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  34. Re:Still have to make it in front of constitutionn by Anonymous Coward · · Score: 0

    Those are only the Muslim French

    If that is true, then we need more more muslims in Europe to defend our civil rights.

  35. Carla Bruni by Anonymous Coward · · Score: 2, Insightful

    Sarkozy will never give up on this because he's doing it for the love of his wife, Carla Bruni. The two first met at a function where Bruni had come to promote stronger intellectual property legislation. Bruni is an artist/singer who feels that artists are being hurt by copyright violators. She is the real brain behind the law.

    1. Re:Carla Bruni by Godwin+O'Hitler · · Score: 4, Interesting

      Bruni is an artist/singer.

      Please, call her anything but that. She has next to no musical talent.
      She's just a model who got the idea into her head she can sing. Her songs are truly sleep inducing.

      --
      No, your children are not the special ones. Nor are your pets.
    2. Re:Carla Bruni by jo42 · · Score: 1

      You mean she is the boobs behind the law.

    3. Re:Carla Bruni by Silvio+Berlusconi · · Score: 2, Funny

      Oh, come on! Are you seriously suggesting that a high profile politician such as a president or prime minister could fuck his country law system just because of some woman?

    4. Re:Carla Bruni by Valtor · · Score: 1

      A simple google image search for "Carla Bruni" will answer your question. :)

      Like this one here

      Valtor

      --
      "Sockets are the standard networking API, also useful for stopping your eyes from falling onto your cheeks" zeromq.org
    5. Re:Carla Bruni by jamiethehutt · · Score: 1

      Please, call her anything but that. She has next to no musical talent.
      She's just a model who got the idea into her head she can sing. Her songs are truly sleep inducing.

      Well as much as I hate her politics I actually really like her first album, her second is crap and I've still to hear her third. "Quelqu'un m'a dit", "L'excessive" and "Raphaël" would be my favourites, especially the latter. No more sleep inducing than any other acoustic singer song writer type.
       

    6. Re:Carla Bruni by Anonymous Coward · · Score: 0

      so if she's the problem, then why don't we just figure out how to break them up?

  36. Details by uffe_nordholm · · Score: 4, Interesting

    Like so often before, the devil is in the details.

    While I have no major principal objections to copyright infringers being kicked off internet (if they use internet for the infringement), I would want to know more of the details before making my mind up.

    For starters, I would want everybody to be given a fair trial, and only when they have been found guilty three times should they be kicked off internet. I get the impression that with the present suggestion it's enough to be accused of copyright infringement three times to be kicked off. That is taking other people's right too easily: it should require a trial according to the country's requirements.

    Secondly, I think there should be a time limit to how long you are banned from internet. I see no reason why a mere copyright infringer should be banned from internet for life. It's not like you can use copyright infringement to kill someone...

    Thirdly, I would like to know what provisions the law provides to protect the technically challenged. Suppose my neighbour hacks into my WLAN, and starts sharing files. I suppose the recording industry would like to hold me responsible, but should they be able to do so? In my opinion, no. Granted, the recording industry will not like the "I am an idiot with technology"-defence, but this kind of trial should be held to the same standards as all others: the accused are presumed innocent until proven guilty beyond a reasonable (or similar) doubt.

    Fourthly, what of family members? Suppose I get kicked off internet for copyright infringement. What of my wife and my children? As far as I know, no modern democracy allows collective punishment, so it should be acceptable for my wife and children to get internet access at home. So why then bother with banning me, if the effect is that the internet connection is simply passed to my wife?



    For an interesting comparison, move the "getting banned from internet for copyright infringement" to the world of printed matter: any person or company thrice accused of copyright infringement gets banned (for a short period of time, eg a year) from reading and writing. The effects would be quite devastating... You would have to have somebody read the bus timetable to you, you would have to have somebody write your checks for you, you would have to have somebody read your letters to you... And if a newspaper were accused of infringing someone's copyright three times, they could obviously not print a single letter the next year!

    1. Re:Details by migloo · · Score: 1

      I would like to know what provisions the law provides to protect the technically challenged. Suppose my neighbour hacks into my WLAN, and starts sharing files.

      According to the proposed law, in that case you cannot claim innocence unless you can prove that you used an approved (read: government-provided) protection.

      Needless to say, this de facto mandatory software will not be open-source.

      Is it too paranoid to think that a convenient side effect of this law would be to install a generalized eavesdropping infrastructure under the guise of protecting the innocent ?

    2. Re:Details by Xenographic · · Score: 1

      > While I have no major principal objections to copyright infringers being kicked off internet (if they use internet for the infringement), I would want to know more of the details before making my mind up.

      Have you ever sung "Happy Birthday" in public? If so, you're a copyright infringer too.

      The net would get pretty empty pretty fast if we actually kicked off all the infringers. Mind you, the MAFIAA would probably *LOVE* that...

  37. Laws based on baseball or cowboy games? by fantomas · · Score: 1

    Laws based on baseball rules ("three strikes and you're out") or morality based on "cowboys and indians" games ("we are the good guys and you are the bad guys") seem to be fine when you're 8 years old. But for adults in the real world? Please, I thought we'd left that behind with George Bush and Ronnie Reagan.

    The real world is far too nuanced and complicated for child-logic to fairly run a society.

    1. Re:Laws based on baseball or cowboy games? by Dogtanian · · Score: 1, Troll

      Please, I thought we'd left that behind with George Bush and Ronnie Reagan.

      "We"? Who is "we"? You talk like the American public and their way of thinking are the same as that of the rest of the world.

      And which George Bush? Because I can assure you that from where I was sitting, Dubya's arrogant, bullying and downright childish "with us or against us" mentality was every bit as laughable- and he's only been out of office for six months. So don't get too self-congratulatory and blase about having voted Obama in and left all that behind- it's still largely the same American public who *re*-elected Bush in 2004 by which time they knew *exactly* what they were getting.

      And don't expect the rest of the world to change lock-step with American politics.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  38. Re:Still have to make it in front of constitutionn by Anonymous Coward · · Score: 0

    Oh really? Find out who exactly it was that was rioting and turning over cars/setting them on fire. It wasn't mainly the french though it happened in france.

  39. No it is far simpler by SmallFurryCreature · · Score: 4, Insightful

    It is home sickness. If you ever lived abroad you will know just how strong the desire can become to have something familiar.

    I have lived abroad in several cultures where I was welcome. Nobody looked overly down on me. Oh they might think I was a crazy foreigner and a bit akward but nobody wanted me deported. And still the desire for even something as simple as a "boterham met pindakaas" can become overwhelming. No, peanut butter is NOT the same thing. That american stuff is disgusting.

    It is also sometimes a great relief to read or hear something in your mother tongue. Almost all media to me is english even in Holland but when I am abroad for a while, it is comforting to hear something in dutch. I never follow soccer at home but when I am abroad and read something about Oranje, then it... well it feels like a bit of home.

    No greater patriot then those abroad.

    If your new enviroment is not accepting you and you are unwilling/incapable of fitting in then this desire can become extreem. People want to belong to something. Gangs work on this principle as does religion (the institution, not the faith). It becomes a downwards spiral. The (often second generation) immigrant (is a second generation still an immigrant?) rejects the new culture he is in by having differently from that culture. His new culture sees this behavior and becomes more resistant. He feels more rejected and starts to rebel more and try to find a group that does welcome him. Voila, an extremist is born.

    Both sides are at fault here. Europe has two choices, keep immigrants out or accept them into their culture. You can't want the cheap labor immigrants supply and not give them some space to life their own lives. On the other hand, immigrants should realize that it was their choice to move to a new enviroment and that the price for that is giving up part of your identiy and adopt to a new culture. Naomi Campbell does not walk around in her native costume does she?

    The original turkish immigrants were NOT pissed off. But new immigrants are arriving in an enviroment where they are resented for the problems caused by others and there are subcultures willing to accept them and give them a home.

    This is similar to the reborn christians with their holier then thou attitude. Alienation is a ripe breeding ground for extremism. Wether that is gangs, religion or politics. White kids who feel alienated by society join extreme enviromental groups or become neo-nazi's. Muslims become members of extremist muslim groups. Simply because those groups give them a home.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:No it is far simpler by misexistentialist · · Score: 1

      Naomi Campbell does not walk around in her native costume does she?

      I think she does, but if you mean she doesn't walk around naked, I hardly think that is an acceptable state of affairs. Death to assimilation!

  40. Re:Two years prison time. Lovely by Opportunist · · Score: 3, Insightful

    According to a recent, anonymous study done in my country, if they catch everyone they'd have to lock up about 2/3 of the population between the age of 16 and 25.

    Time to build some more prisons, France. And get used to a lack of people knowing anything about computers at all.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  41. Re:Two years prison time. Lovely by Opportunist · · Score: 2, Insightful

    Probably. But can you buy content in prison?

    I know your comment is in jest, but the content industry seems to think just that. The problem is, though, that the people copying are wholly a subset of the set "people who might buy content". Because, well, if they didn't want content (yes, such people exist), they wouldn't copy it either. Now, not everyone engaging in filesharing bought or would buy content (yes, there are people who refuse to buy anything), but the majority did, does and will do it. There are actually people doing both, buying and p2p'ing.

    Those people will not buy anything when you lock them up or sue their pants off. Either way they can't buy anything from you.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  42. Fuck the pirates and their supporters by Anonymous Coward · · Score: 0

    Were they expecting to be able to download whatever they want without any repercussions? Which law DID they want? How can you have ANY law at all and that law being less strict than this?

    O hay - I will just take OpenOffice and incorporate it into my proprietary software and sell it, because fuck whatever rights and fuck the authors and their "imaginary property". Or I guess not.

    In conclusion: Fuck pirates and their supporters.

  43. this is a battle by SmallFurryCreature · · Score: 1

    You make an intresting point. It is not just families but anyone with a shared connection.

    But what you fail to understand is that we the citizens are fighting an enemy who does not CARE about rights and laws. Disney is an evil coorperation who used copyright to avoid having to pay royalties on Pinocio but wants royalties on said cartoon to be extended infinitly. They don't want copyright law respected. They want to control all media and the law is just a tool in their arsenal. If they could get away with using gangs to enforce their desire, they would. Their desire is not justice, it is profit.

    If in their goal for profit the internet is destroyed then so be it. They don't care and would have prefered for it to never exist in the first place.

    The content industry does not care if some innocent bystander has their youtube access removed. Because said innocent bystander by watching the free content they don't own is denying them their profits.

    Because that is what this is really about. Do you think that when I download a game or song the economy is hurt? if so, then you suffer from the broken window problem.

    Simple example. A teen has an allowance of say 100. He can then spend that money on CD's. That's 100 into the economy.

    OR he rips the CD and spends 100 on clothes. That is 100 into the economy.

    The difference? Absolutely nothing.

    Know this, if piracy is ripped out, then we can have two results:

    A: Content sales stay the same because people are spending their money on different things.

    B: Content sales increase but all other sales decrease because money can only be spend once.

    If you think C: Content sales increase and the content sellers can now buy more other things. then you lack a fundemental understanding of economy.

    The economy doesn't care where money is spend, as long as it is spend. the amount of money does not magically increase because it is spend in one area. The economy adjusts. As one shop in the high street closes another will takes it place.

    think about it, look at your local highstreet. Less music stores but more mobile phones stores. As young kids have come used to downloading their music, they can now afford to spend their money on mobile phones. The music store clerk was fired and rehired at the mobile phone shop.

    The only who care are those at the top because they don't want to find a new line of business. This is like protecting the horse market against those nasty carmakers.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:this is a battle by Anonymous Coward · · Score: 0

      Simple example. A teen has an allowance of say 100. He can then spend that money on CD's. That's 100 into the economy.

      OR he rips the CD and spends 100 on clothes. That is 100 into the economy.

      There are limits to how often money is circulated into the economy. It may be an average of 4 or 5 times with a diminishing % at each cycle. That said, there is indeed a huge difference. The teen buying CDs is calling for the production of more shiny disks that will have low and decreasing utility. It shuffles more resources towards pop stars, marketers, IP lawyers, scum. Clothes, on the other hand, will shuffle money towards factories, designers, marketers, and scum of their own variety. I think more clothes is better especially since the teen can copy the music elsewhere, buy the clothes, and have both. Not spending money on "IP" is a net win for the economy and encourages slightly more productive and useful endeavors.

  44. Re:Still have to make it in front of constitutionn by TheRaven64 · · Score: 1

    Let me guess, you're from the USA. Got to love that spin your media puts on international news. French demonstrating in the streets (happens every few months / years when the government does something stupid): no coverage. French Muslims demonstrating in the streets: 'OMG, teh Islamists are destroying western society!!11eleventyone'

    --
    I am TheRaven on Soylent News
  45. Re:Still have to make it in front of constitutionn by Godwin+O'Hitler · · Score: 1

    Nearly all those big French demonstrations you see are motivated by unions or by the left wing parties. I'd be surprised if they gave a shit about this law, and I'm not sure there'll be a big enough public outcry for people to do so spontaneously.

    Hopefully (for France AND Europe's sake) I'm mistaken.

    --
    No, your children are not the special ones. Nor are your pets.
  46. Re:Still have to make it in front of constitutionn by Anonymous Coward · · Score: 0

    Oh the French riot/protest/strike if the wind changes direction. Does it make any actual difference? Not really but somehow every time they do it seems to cost the UK money.

  47. It's not going anywhere: zombie bill by Nicolas+MONNET · · Score: 3, Informative

    This is just Sarközy trying to save face. This law is even more unconstitutionnal that the previous one, and it's going to be bitchslapped down by the constitutionnal council once more, and worse. For instance, they've added a crime for not securing one's internet connection, punished by a hefty fine. Given that it is impossible to achieve 100% security, even for a security professional, it is simply absurd to require it of the common net user.

    They still don't care that it's technically impossible. They believe their own bullshit.

    Everyone knows this won't pass the CC. Even most of the majority. (Many are not pleased that Sarkoléon is marching them towards the cliff, but they are good little soldiers, like GOP congressmen under Bush. Which is fitting, considering how Sarközy got elected by applying Rove's methods.) The Council was damning in its first rejection. Not only did it nuke the damn thing's only mean of coercion, charitably leaving the useless part standing; but it also reserved the right to nuke it further in the future.

  48. Another dilemma by Nicolas+MONNET · · Score: 1

    Would you rather eat feces or roaches?

    It's called a false dichotomy, genius.

    1. Re:Another dilemma by Anonymous Coward · · Score: 0

      It's not a false dichotomy if you found yourself in court under the law presented.

      Ok, its a trichotomy, since you could instead face a six-figure fine.

    2. Re:Another dilemma by HeadlessNotAHorseman · · Score: 1

      >>It's not a false dichotomy if you found yourself in court under the law presented.

      >>Ok, its a trichotomy, since you could instead face a six-figure fine.

      Another option would be to commit suicide. I guess that makes it a quadrichotomy.

      --
      I like my coffee the way I like my women - roasted and ground up into little tiny pieces.
  49. So they just bought some judges? by Hurricane78 · · Score: 1

    Seriously. This sounds like they now just had to buy some judges, who will just do what Sarkozy tells them.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  50. Re:Still have to make it in front of constitutionn by Hurricane78 · · Score: 1

    Simple. Because you do not put them there. (If "you" is someone under the government of that politician.)

    Yes. That's your job. Because justice is not only blind, but also working for that politician.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  51. Re:Two years prison time. Lovely by nurb432 · · Score: 1

    The more people that are convicted mean more people lose their ( dwindling ) rights for life. That is the REAL goal here.

    --
    ---- Booth was a patriot ----
  52. it requires a judge to declare guilt? by Anonymous Coward · · Score: 0

    it requires a judge to declare guilt.

    Where does it say that?
    That would be the correct legal way to do it, in my extremely limited understanding of french law. But every article I've seen on the matter only says the judge has some say over sentencing, not that either judges or juries will have any say over whether the accused is declared guilty or innocent.

  53. Re:Still have to make it in front of constitutionn by Anonymous Coward · · Score: 0

    whoops, forgot to remove the "not"

    Perhaps it isthe Europeans who are more courageous after all.

    well, duh. ever heard of berlusconi?

  54. Problem: it's robbing people of their civil rights by Anonymous Coward · · Score: 0

    The problem is that in today's society you can't really kick people of the internet any more without robbing them of their civil rights. Freedom of expression? Nowadays almost no one gets unaffiliated communications any other way, so if you can't publish them on the internet you have no free speech left. The right to other people's free speech? Well, ditto, almost all socially and politically relevant free speech is published on the internet nowadays. Similarly, you need the internet to make a politically informed decision in the voting booth. It's one of the defining points of modern civilised society that you do not rob criminals of their civil and political rights. For one thing, we rightly judge societies by how they treat the people at their mercy, but more importantly, it prevents governments from making things that are not immoral illegal and then preventing anyone who objects to vote them out of office. Damaging that very important concept would set a very dangerous precedent indeed.
    To return to the article, while I think it's nice to see that at least this version of the law has some accountability in it, in that the decision has to be made by an independent judge, on the whole I think it is a leap backwards because it is at odds with the concept that the punishment should be proportional to the crime. The ban I already discussed, but the other options are similarly draconian. Two years for a bit of file sharing? Or E300k for downloading a E1,-- song? That's a lot worse than a prison sentence in many ways. Most people don't even have that much money and will be completely robbed of their lives. And why? Because a big fat rich conglomeration of corporations doesn't like file sharing. You know what? Corporations can't feel pain, love, hate, desolation, powerlessness, loneliness or joy. They don't have beautiful memories, interesting experiences, nor the certainty of death. They are not worthy of our empathy. The poor sod who would be charged under these laws most definitely is. That alone tells us that these laws are wrong.

  55. Re:Still have to make it in front of constitutionn by hjrnunes · · Score: 1

    Of course they're not. They like to think they are. Yet they don't realize that they're becoming more and more controlled and watched. They're being told what to think and how to think it. And they do all that happily thinking how smart they are. And then comes election time and the smart european runs to the ballots to choose the next dick up his/her ass or votes blank just to use their civic right that he/she loves so much. You don't fit in the way of thinking and you are not taken seriously or you're taken too seriously and run into trouble. Yet, in the end, they're a bunch of arrogant jerks that are only waiting for America to go way with it's grip to start killing each other again like in the last 2000 years of european history... Disclaimer: I was born in Europe and I live in Europe. Bite me my fellow con-continentals!

  56. Suspect it'll get knocked down again by Todd+Knarr · · Score: 1

    I suspect this one'll get knocked down on the same grounds as the last one: it places the decision of guilt or innocence in an administrative body that isn't following judicial rules, and just handing selection of the sentence over to a judge isn't sufficient to cure that flaw. I think the only way HADOPI will fly is if their either hand the determination of guilt over to a real court or make the administrative body follow all the procedures of a real court including the presumption of innocence and placing the burden of proof on the complaintant. The proponents of HADOPI aren't going to do either, because those are exactly what HADOPI is intended to bypass.

  57. Re:Two years prison time. Lovely by shmlco · · Score: 0, Troll

    So you're saying that if you knew you could easily be popped and fined 300,000 euros, or even sent to jail for downloading 20 euros worth of music, you'd still do so?

    If that's the case then fine, build the jails. The world will be much better off with all the idiots behind bars as well...

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  58. Not *slightly* altered by HuguesT · · Score: 2, Informative

    Sorry, the summary is bad.

    The new proposed law is *not* slightly altered. Several main points make is somewhat more acceptable :

    1- the internet subscriber is presumed innocent as per the French constitution. The word of the "HADOPI" authority carry no judicial weight other than a denunciation. The courts will have to do their own fact finding, and they are not likely to be satisfied by a mere IP number matching that of the subscriber.
    2- The internet subscriber can defend him/herself before any punishment is meted out. In the previous version, the internet connexion was summarily cut, and only then could the subscriber complain and argue his/her innocence.

    Most importantly, the decision is now up to a judge. One has to remember that judges are not at all friends of the current French government. Their budget have been cut, their power have been diminished, they are already overworked. It is not likely that judges will favour the Sarkozy approach, which is to punish early, punish often.

    My personal opinion is that this is a face-saving law. The new law is 99.9% inapplicable in practice. There is just no way thousands of people can go through the court system every month as is the government's plan. Plus people are *very* likely to put up a good fight, like they have done everywhere. There are no possible settlement.

    Soon the entertainment industry will realise that they have been wasting their time all along, and that they will eventually have to offer what everybody wants, which is a cheap, effective, legal system, be it unecumbered VOD, global licence, whatever . Otherwise they will die, simple as that.

    1. Re:Not *slightly* altered by Fruny · · Score: 1

      My personal opinion is that this is a face-saving law. The new law is 99.9% inapplicable in practice. There is just no way thousands of people can go through the court system every month as is the government's plan. Plus people are *very* likely to put up a good fight, like they have done everywhere. There are no possible settlement.

      As I understand it, the plan is to use the same expedited process as for parking or speeding tickets, which has little trouble dealing with thousands of violations each month. In that regard, IP logs might be admitted in the same way as photographic evidence from speed-trap cameras.

  59. ROFLMAO by Anonymous Coward · · Score: 0

    Correct. I predict the majority of the world will spoof their IP as a french IP when using P2P just because of this -- so much potential for hilarity.

  60. Re:Two years prison time. Lovely by Anonymous Coward · · Score: 0

    I am french but have been living in the US for 10 years.
    Everytime I chat with french friends I am amazed at their views on illegal downloads of songs/movies.
    One friend was even saying that at the bank where he works, there was a shared drive just to let people share songs, shows, movies. That included some porn. It had been set-up by one of the IT guy.
    To me this is mind boggling.
    I could understand students with little money doing this, but most of my friends now have jobs making good money.
    I think in France there is this mentality that if you pay for something that you could have got for free (even illegally) you are an idiot.
    To the point where it has become a national sport. I personally find that very sad.

    One french friend was visiting me in the US recently, I had some Netflix DVDs, I told him how it worked and asked him if they had something similar in France. He was very surprised about the whole Netflix concepts and replied: "that would never work in France, everybody downloads (illegally) movies".

  61. Re:Two years prison time. Lovely by Anonymous Coward · · Score: 0

    So if you don't happily comply with anything the fascists may come up with, you are stupid.

    Are you french or something?

  62. Re:Two years prison time. Lovely by Opportunist · · Score: 3, Informative

    You wouldn't believe how many people don't know what is legal and what is not.

    They grew up in a world where you would readily pick up a tape or CD from a friend and copy it. And nobody cared. They taped music on the radio and they taped shows on TV. To them, "taping" it from the internet is no different. The subtle difference, that the radio or TV station broadcasting the show paid for this, and also their possible recordings, was never explained to them, nor did they care. They were used to swapping records and later CDs with friends and they look at you very strangely when you tell them that no, you won't copy that song for them.

    I work for a company that also deals with our version of the RIAA. They are in the same building, and they outsourced their IT requirements to us. Just recently, a woman working for them asked me whether I could help her unlock the Nintendo DS of her daughter.

    For a moment I was wondering whether she tried to set a trap, but she was straight up and honest with me. And somehow I doubt that her 9 year old dauther is in any way interested in developing homebrew software. Informed about the legality with "copies" she shrugged with an "everyone does it".

    Straight from the mouth of someone working for the local RIAA.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  63. Re:Still have to make it in front of constitutionn by Concerned+Onlooker · · Score: 1

    When you skip voting and participating in government and then decide things are suddenly not to your liking and then protest violently that is not courage. That is failure. It never ceases to amaze me that people would rather do something violent than do something sane and boring like keeping a close watch on government to begin with.

    --
    http://www.rootstrikers.org/
  64. Re:Still have to make it in front of constitutionn by plasmacutter · · Score: 1

    When you skip voting and participating in government and then decide things are suddenly not to your liking and then protest violently that is not courage. That is failure. It never ceases to amaze me that people would rather do something violent than do something sane and boring like keeping a close watch on government to begin with.

    Tell me which candidate to vote for in my nation (which is not canada or sweden) which is for the repeal of the DMCA, legalization of filesharing and marijuana, letting failed companies die, and stimulating the economy through "trickle up" rather than 'trickle down'.

    I don't hear you..

    people who don't vote actually ARE making a choice. They don't put "none of the above" on the ballots, so they leave the ballots blank.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  65. Re:Two years prison time. Lovely by wawadave · · Score: 0

    That is exactly how they are doing this!

  66. Re:Still have to make it in front of constitutionn by Concerned+Onlooker · · Score: 1

    That's what the "participating in government" part of my comment was about. It takes letter writing and peaceful agitation to keep a government honest and accountable. Politicians are going to interpret low voter turnout as a sign that they're doing a bad job. They'll likely take it as a sign that they're doing an OK job and that people are just apathetic.

    --
    http://www.rootstrikers.org/
  67. Re:Still have to make it in front of constitutionn by plasmacutter · · Score: 1

    That's what the "participating in government" part of my comment was about. It takes letter writing and peaceful agitation to keep a government honest and accountable. Politicians are going to interpret low voter turnout as a sign that they're doing a bad job. They'll likely take it as a sign that they're doing an OK job and that people are just apathetic.

    In the US there are two major parties, moderate centerist corporate sellouts and ultra-fascist corporate sellouts.

    Most others can't even get on the ballot.

    They know damn well they can ignore your letters, most responses are form letters telling you why you, the constituent being represented, are wrong and need to be "set right" by the elected official.

    so are you saying I should, as a liberal, be voting ultra-fascist instead of centerist? Exactly what do you suggest that will actually make a difference?

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  68. Re:Two years prison time. Lovely by shmlco · · Score: 1

    Your argument is totally irrelevant. I could go with "ignorance of the law is no excuse," as that's a well established legal principle.

    But this is a three strikes law. Download and you WILL BE TOLD to stop. Continue and you WILL BE TOLD to stop, and hit with a temporary disconnection. Do it again, after you've been told twice, and the hammer falls.

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  69. Re:Still have to make it in front of constitutionn by Concerned+Onlooker · · Score: 1

    Nevermind.

    --
    http://www.rootstrikers.org/
  70. Re:Two years prison time. Lovely by Alsee · · Score: 1

    Those people will not buy anything when you lock them up or sue their pants off. Either way they can't buy anything from you.

    You don't get it. You just want to steal our stuff.
    These people are thieves, they're stealing our stuff and we're losing money. You have to put thieves in prison where they can't steal any more stuff and so they can't keep stealing our money from us.
    You're just another thief, and you're funding bin Laden and Hamas and other terrorists when you steal our music.
    Not only that, but P2P is filled with kiddyporn. You're a pedophile. By the way Britteny Spears is getting a bit old now, so we're re-releasing her debut album in a combo pack with Miley Cyrus.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.