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French Court Levies First Fine Under 3-Strikes Piracy Law

itwbennett writes "In the first trial resulting from the controversial three-strikes copyright law, a French court on Thursday fined a man €150 for failing to secure his Internet connection. His negligence led to the illegal download of files, including two Rihanna songs that were downloaded by his wife."

41 of 229 comments (clear)

  1. Keep the woman in line? by Anonymous Coward · · Score: 4, Funny

    Apparently in France, it is a man's responsibility to police the behavior of his wife. After all, women are property.

    1. Re:Keep the woman in line? by Anonymous Coward · · Score: 5, Informative

      According to the 3-strike law, it's the responsibility of one who signs a contract for internet access contract to make sure that his/her computer cannot be used to breach law. The lady will not be fined because it's just too difficult for the Court to prove she downloaded the file (and not a neighbour or a relative on a visit). But the guy can be fined, because the contract was in his name, and it can be proven that his connection was used to download a song illegally.

    2. Re:Keep the woman in line? by cheekyjohnson · · Score: 2

      because it's just too difficult for the Court to prove she downloaded the file (and not a neighbour or a relative on a visit).

      Yeah, due process is pretty hard. Why don't we just get rid of all of it? Just throw people in prison based on mere accusations.

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    3. Re:Keep the woman in line? by Em+Adespoton · · Score: 3, Insightful

      Prisons have free Internet access, don't they? I wonder what happens if someone downloads music while incarcerated....

    4. Re:Keep the woman in line? by Peter+Bortas · · Score: 2

      In your country perhaps. In Sweden the photo must be matched up to the person driving.

  2. Good job France! by dyingtolive · · Score: 5, Interesting

    France, out of nowhere, is suddenly showing surprising competitiveness in the "Passing dumbass laws so the rest of the world can see what a bad idea they are" department.

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    1. Re:Good job France! by Dynedain · · Score: 4, Informative

      What do you mean "out of nowhere"? France was the first country to pass 3-strike laws for copyright violations and has been pushing this crap for years. /. covered this extensively 4 years ago... and I'm pretty sure it was on here even before that, but I'm too lazy to do more Googling.

      I'm just surprised it's taken them this long to enforce the law.

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    2. Re:Good job France! by girlintraining · · Score: 5, Insightful

      France, out of nowhere, is suddenly showing surprising competitiveness in the "Passing dumbass laws so the rest of the world can see what a bad idea they are" department.

      A lot less dumbass than elsewhere: 150 euros is a slap on the wrist. I bet speeding tickets go for more. This is downright enlightened by G20 standards. In the United States, people get thrown in jail, or face hundred thousand dollar fines -- thus ensuring permanent poverty for life.

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    3. Re:Good job France! by ThatsMyNick · · Score: 3, Insightful

      Good riddance I say. Let the rich leave, and other entrepreneurs start new businesses that actually make the economy grow.

    4. Re:Good job France! by gl4ss · · Score: 5, Insightful

      France, out of nowhere, is suddenly showing surprising competitiveness in the "Passing dumbass laws so the rest of the world can see what a bad idea they are" department.

      doesn't sound quite as dumbass as fining him 2 345 423 dollars for it.

      150e doesn't cover the expenses generated by the proceedings though.. so I guess it's true french.

      --
      world was created 5 seconds before this post as it is.
    5. Re:Good job France! by girlintraining · · Score: 3, Informative

      Please show me the US case where someone has been thrown in jail for downloading music or videos. (Except, of course, videos that are criminal to own, like child porn.)

      They don't, not directly. What they do is get a judgement against you. Then the debtor repeatedly files motions to have you appear in court, which when they have a judgement against you, they can do, so the judge can assess your income, pay back plan, etc. The key word here is repeatedly, sometimes several times a month. Since these judgements are in the hundreds of thousands of dollars, there's no hope for them to repay it. And as you might imagine, when you have an appointment two or more times a month for the rest of your life, sooner or later circumstances are going to arise where you miss your court date.

      And that is when you go to jail: For failing to appear, or contempt of court. The sentence in either is indeterminate; An increasing number of jurisdictions have laws in place saying you can't get out of jail until you repay any legally owed debts -- statutes originally intended to repay victims of actual crime, not civil cases. So you do forced labor, at minimum wage, in jail.

      God Bless America.

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    6. Re:Good job France! by Xandrax · · Score: 3, Insightful

      The problem, of course, is that the rich are the entrepreneurs. That's how they become rich in the first place. The other problem, of course, will be the need to kick those awesome entrepreneurs you speak so hopefully of out of the country once they commit the sin of actually making some money and magically morph into one of the damn dirty rich people.

    7. Re:Good job France! by Schmorgluck · · Score: 2

      France, out of nowhere, is suddenly showing surprising competitiveness in the "Passing dumbass laws so the rest of the world can see what a bad idea they are" department.

      A lot less dumbass than elsewhere: 150 euros is a slap on the wrist.

      Well, that doesn't make the law any less dumb. In theory, the fine can be ten times that, and can be accompanied with a one month suspension of internet access.

      Now, courts can't just ignore the law, but it just so happens that they have a lot of leeway about the effective penalty they pronounce (to the point that, very rarely, a person can be condemned without penalty). This is a case of the courts, not the law, being reasonable.

      Maybe the current government, too: the procureur (prosecuting magistrate) required 300 euros in fines, of which 150 euros suspended (still nothing absurdly harsh). The judge decided for just 150 euros, and the prosecutor, it seems, wont appeal. In France, prosecuting magistrates are hierarchically under the Minister of Justice, who defines the general policy of prosecution (this link bears many kinds of issues that are a common matter of debate, but that's not the point here).

      The coalition in power since last spring had shown (granted, not uniformly) some hostility to the law when it was voted, and managed to cause some hiccups (which were reported on Slashdot, but I feel to lazy to find the links). So maybe, just maybe, the current government instructed the prosecutors not to be too heavy-handed (the government can't jusk ask prosecutors to ignore the law, either).

      The entire three-strikes system is being audited, by the way. Unlikely to be totally nullified, but who knows? For one thing, it's extremely expensive (tens of millions since its creation) and yields very little. And French magistrates (both prosecuting and judging ones) are generally reluctant to pronounce high penalties just "for the example", so it's unlikely that this will ever yield significantly more.

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    8. Re:Good job France! by girlintraining · · Score: 3, Informative

      can you cite the case where this happened? it sounds a bit fishy to me. there is something called 'abuse of process'.

      Here's your fish. Many more can be found by simply googling for 'debtors prison'.

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    9. Re:Good job France! by Anonymous Coward · · Score: 2, Insightful

      " the rich are the entrepreneurs"

      Not quite true for 2 reasons.

      The first is that the means of becoming or being rich aren't necessarily entrepreneurial. Corporations demonstrate this every day by enjoying government protection from having to actually serve the market. These types are not entrepreneurial at all.

      The second reason is in your own claim. 'That's how they become rich in the first place'. This necessarily implies existence of entrepreneurs that are not rich. This fact is overlooked(particular by the left leaning members of society) when it comes to classifying 'the rich' as some impenetrable unchanging group. You can see this a lot when people cite figures like 'the top 1% rich have x percent of all wealth now, up from y', ignoring the fact that people enter and exit the category at a high frequency. This is not some non-human entity constantly growing a larger pile of money each year. These are individuals gaining and losing fortunes in the marketplace.

      So, there is a difference between the rich and entrepreneurs. The overlap is still there for sure, but it dwindles more and more as creation and cooperation lose ground as the means of getting wealth in favor of other means like theft and coercion.

  3. Failing to secure it, from his wife?!?!? by crazyjj · · Score: 3, Interesting

    Either marriage is very different in France or this is a bizarre ruling.

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    1. Re:Failing to secure it, from his wife?!?!? by girlintraining · · Score: 2

      Either marriage is very different in France or this is a bizarre ruling.

      Er, both? In France, marriage is a private affair between the husband, the wife, and the personal trainer. And it's a bizarre ruling because nobody went to jail or had their lives ruined... which is common in both french marriages and file sharing cases.

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    2. Re:Failing to secure it, from his wife?!?!? by crazyjj · · Score: 2

      RTFA

      Sir, I'll have you know that's a curse word on this site!

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    3. Re:Failing to secure it, from his wife?!?!? by godrik · · Score: 2

      I just read the story in a french newspaper. They are in divorce.

  4. Re:what if don't WANT it "secure"? by Desler · · Score: 2

    Because the law states it's the subscriber's liability for any infringement done on the connection. This also has nothing to do with e ISP's ToS. Lastly, this is not a criminal matter.

  5. Re:what if don't WANT it "secure"? by Urza9814 · · Score: 3, Interesting

    The fine wasn't for her copyright violation, it was for his negligence.

    Here's a more appropriate analogy:
    In my state, you're required to have an emergency exit for every bedroom. The apartment I used to live at, before my roommates sued, had a bedroom with only one exit. This would be equivalent to punishing the landlord had my roommate fallen asleep with a lit cigarette and been killed/injured in the fire because he couldn't escape easily due to the building not being up to code.

    The appropriate thing to be outraged about is not that he is being held responsible for his wife's crimes -- they're saying he was negligent and that's a pretty well accepted concept. The thing to be outraged about is that they've decided that having an open wifi network is negligent. I intentionally disable the security on mine...what would they call that? Conspiracy? Aiding and abetting?

  6. That's strangely sane and oddly normal. by julian67 · · Score: 5, Insightful

    http://yro.slashdot.org/story/12/09/11/1740241/8th-circuit-upholds-220000-verdict-in-jammie-thomas-case

    In the USA it's $9250 per song. In France it's â75 ($190 US) per song.

    The penalty in France seems to me to be proportionate and sane. The person penalized did, or allowed to be done, something illegal but not especially malicious or very damaging. They face a penalty which will certainly be unwelcome and which will probably encourage them to act within the law. No huge court case, no lives wrecked, no lawyers riding the gravy train. *This is how a legal system is supposed to be.* That is the difference between "The Rule of Law" and "The Rule of Lawyers".

    1. Re:That's strangely sane and oddly normal. by Alan+Shutko · · Score: 3, Insightful

      Well, behaving within the law means the guy turned off his broadband completely. Needing to defend your home broadband against members of your family is crazy.

    2. Re:That's strangely sane and oddly normal. by Hazel+Bergeron · · Score: 2

      Until you've accidentally left a drive open containing your legitimate collection of 5,000 MP3s amassed over the last decade.

      We cannot excuse stupid laws by being hopeful that the sentence is lenient, or that the executive may have mercy.

      As to lawyers... while I do speak as someone with some legal education, if you honestly don't think you can get anywhere representing yourself then a lawyer's lied to you. (And, as you may be able to tell, having representation may not get you any further - indeed, it'll only mean that the judge is more strict about you getting your shit right. (But don't do anything without taking some legal advice, for which you should always find the most experienced lawyer for precisely the shit you're in.))

    3. Re:That's strangely sane and oddly normal. by Hazel+Bergeron · · Score: 2

      Your expression is as giddy as your message apocryphal.

    4. Re:That's strangely sane and oddly normal. by Hazel+Bergeron · · Score: 2

      No it isn't. Stop thinking like a perfect geek.

  7. Re:Heh by Hazel+Bergeron · · Score: 4, Insightful

    No, it's advocating violence against men - which, my political correctness compass tells me, is absolutely fine.

    150 euro fine, in fact.

  8. Re:2 songs - France:150 euros - USA:16,000$ by Doctor_Jest · · Score: 4, Funny

    Give them time... they only sent out 1,000,000 warning letters so far... there'll be some poor sap who downloaded a Disney movie and he'll be on the hook to bail out Greece...

    --
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  9. Re:No, NOT a troll by newcastlejon · · Score: 2

    EXCUSE ME? Is this advocating violence against women supposed to be funny on Slashdot? On any website? I hope the mods not only -1 this post, but every post of yours they can get their hands on, you little shit.

    Be careful what you wish for.

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  10. Re:Just goes to show you by Anonymous Coward · · Score: 3, Funny

    Downmodded because: 1. you can't even spell "faggot" and 2. the only people who use "faggot" as an insult are those that are too stupid to think of anything else.

    Now, kindly piss off and get back to doing your homework. Those fractions aren't going to denominate themselves! Before you do go, since I'm not all bad, I'll even help you with your book report; the dog gets his red ball back then goes to rabbit's birthday party.

  11. Re:No, NOT a troll by newcastlejon · · Score: 5, Funny

    I also wish for a pony.

    Rare, medium or well done?

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  12. Re:what if don't WANT it "secure"? by gnasher719 · · Score: 2

    No, it is quite right. The law states that liability for infringement is on the subscriber of the internet service.

    No, he is not liable for infringement. He is responsible for securing his connection so that others can't infringe, and failing to do this is what he was fined for. The infringer is liable for infringement, but since the connection was not secured (for which he was fined), it is very, very hard to prove who the infringer was.

  13. Re:No, NOT a troll by Em+Adespoton · · Score: 2

    I think you may need to re-read the post you're flaming... "entitled woman" does not imply violence, and "she'll smack him around" implies this hypothetical (and yet strangely familiar) woman is the one being abusive.

    It's not a troll to tell someone that advocating violence against woman is wrong... unless you're doing it in response to something that has absolutely nothing to do with advocating violence against women.

    It's like if I posted "I'm planning to move to the tropic of cancer" and someone replied with "HOW DARE YOU IMPLY HAVING CANCER IS A HOLIDAY!" -- they'll get modded offtopic at a minimum, and more likely as a troll.

    I've got karma to burn, so don't mind posting educational replies to flamebait threads.

  14. Re:No, NOT a troll by Em+Adespoton · · Score: 5, Funny

    Well, it's not very rare, definitely not well done, and I don't think it can tell the future.

  15. Re:what if don't WANT it "secure"? by CrashandDie · · Score: 2

    There are no search warrants in France. The police (and especially the Gendarmerie) is allowed to enter any building, any house, any property, within certain conditions (for example, they're not allowed to wake you up before 6AM). The only time that a DA has to sign something off is if there is no official case yet, and the owner of the property did not agree to it being searched.

    Other than that, they can just walk in and have a coffee for all they care.

  16. Re:No, NOT a troll by Gadget_Guy · · Score: 5, Insightful

    it's not a troll to tell someone that advocating violence against women is wrong.

    The problem is that you have made the leap from telling a joke about domestic violence to seriously advocating violence against women. That is a flawed argument. People make jokes about all sorts of subject, but it doesn't mean that they are making serious comment about the issue. For example:

    Q: What does NASA stand for?
    A: Need Another Seven Astronauts

    Does anyone who tells this joke really advocate murdering astronauts, or blowing up space shuttles? No. It is just using a tragic event for shock value. Mel Brooks once said "Tragedy is when I cut my finger. Comedy is when you walk into an open sewer and die". That is basis of a lot of comedy. It is precisely what is happening when people laugh at the Darwin awards.

    Here's another one.

    Q: What's the biggest difference between 9/11 and the Oklahoma City Bombing?
    A: Foreigners once again prove they can do it better and more efficiently.

    Is that joke OK? If so, why is a joke about hurting one person not OK? If it is not OK, what is? Perhaps you could provide a list of the acceptable topics for jokes. Or maybe you think we should just eliminate humour completely?

    On the same topic as above, let's have a go at another group of vulnerable people:

    Q: Why didn't Superman stop the planes from hitting the Trade Towers?
    A: Because he's a quadriplegic!

    It is a shame that it wasn't Linda Carter who broke her neck, because we could have added a sexist element to that joke too. If there was such a thing as a black, female superhero then we could have had the entire set, but given that female superheros must show 90% skin then it is obvious why there are no black ones. They would use up too much ink!

    I seem to be going further off topic, but I hope you get my point. A joke isn't real. You can always tell comedy that tries to have a PC message, because it tends not to be funny. The best thing to do if you belong to of a group that is the butt of a joke is to just ignore it. Irish people do it, blondes do it. Even Australians do it (to their sheep). I say that last one as an Australian. Here is what I am talking about:

    A ventriloquist visiting Australia walks into a small outback village and sees a local sitting on his porch patting his dog. He figures he'll have a little fun, so he says to the Aussie: "Hey, mind if I talk to your dog?"
    Aussie: "The dog doesn't talk, stupid!"
    Ventriloquist: "Hello dog, how's it going mate?"
    Dog: "Doin' all right."
    Aussie: (look of extreme shock)
    Ventriloquist: "Is this your owner?"
    Dog: "Yep"
    Ventriloquist: "How does he treat you?"
    Dog: "Good. Walks me twice a day, feeds me well and takes me to the lake once a week to play."
    Aussie: ( ...?! )
    Ventriloquist: "Mind if I talk to your horse? "
    Aussie: "Uhhh..."
    Ventriloquist: "Hey horse, how's it going?"
    Horse: "Cool"
    Ventriloquist: "Is this your owner?"
    Horse: "Yep"
    Ventriloquist: How does he treat you?
    Horse: "Pretty good. He rides me regularly, brushes me down often and keeps me in a nice warm barn."
    Ventriloquist: "Mind if I talk to your sheep?"
    Aussie: (in a panic) "The sheep's a liar!!!"

    My sheep and I had a really good laugh at that one!

  17. Re:I'll suck your dick. by Yvan256 · · Score: 2

    You are referring to the Greater Internet Fuckwad Theory, of course.

  18. Re:2 songs - France:150 euros - USA:16,000$ by funkboy · · Score: 3, Interesting

    Funny, that's about the ratio for health care costs in those two countries as well...

  19. Re:Heh by Z34107 · · Score: 3, Informative

    You're clearly hysterical. Violence is always funny.

    --
    DATABASE WOW WOW
  20. Re:what if don't WANT it "secure"? by manu0601 · · Score: 3, Informative

    There are no search warrants in France. The police (and especially the Gendarmerie) is allowed to enter any building, any house, any property, within certain conditions (for example, they're not allowed to wake you up before 6AM)

    They still need a Commission rogatoire delivered by a judge, which is almost they same thing as a warrant. The exception is the flagrant délit, when a policeman just witnessed a crime. But I bet that it is the same in other country: if you kill someone in front of a policeman and then hide in your house, in what country the police needs a paper to arrest you?

  21. Re:Heh by tbird81 · · Score: 2

    Are you Chris Brown?

    Sadly, the guy downloading a copy of Rihanna's songs gets more punishment than the guy who beat the shit out of her.