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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."

21 of 159 comments (clear)

  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.

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    If you mod me down, I will become more powerful than you can imagine....
  2. 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...

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    If you mod me down, I will become more powerful than you can imagine....
  3. 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.

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    Good-bye
  4. 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.

  5. 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.

  6. 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"
  7. 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.

    -

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    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  8. 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".

  9. 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.

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    http://www.rootstrikers.org/
  10. 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!!
  11. 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!!
  12. 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.

  13. 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.
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    "La Chine en a reve... Hadopi l'a fait..."

  14. 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?

  15. 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.

  16. 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.

  17. 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.

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  18. 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.

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  19. 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.

  20. 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.

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    No, your children are not the special ones. Nor are your pets.
  21. 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.