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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."
Do they have the internet in French prison?
At least now it requires a judge to declare guilt. This takes the responsibility away from the ISPs which is also a good thing.
Here: http://arstechnica.com/tech-policy/news/2009/07/its-baack-french-3-strikes-law-gets-another-go-from-senate.ars
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
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).
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
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...
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....
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.
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.. ... damn it if I buy a cd, I should be able to play it any way I want .... ....
1) rootkits
2) region locking
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
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.