LEY HADOPI PDF

The inherent flaws of this system, aimed at fighting exchange of entertainment content through Internet, makes this new bill as dangerous as its predecessor. They added that Internet now plays an instrumental role in guaranteeing the effectiveness of that right — free speech — and therefore cannot be arbitrarily removed. However, by no means does this bill respond to the flaws outlined by the Constitutional Council:. Such procedure — so far restricted to only a few categories of simple litigation such as traffic regulation — fails to guarantee the right to a fair trial:. Obviously, this simplified procedure does not embrace the traditional judiciary protections and thereby violates the provisions of Article 6 of the European Convention on Human Rights 8.

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The inherent flaws of this system, aimed at fighting exchange of entertainment content through Internet, makes this new bill as dangerous as its predecessor.

They added that Internet now plays an instrumental role in guaranteeing the effectiveness of that right — free speech — and therefore cannot be arbitrarily removed. However, by no means does this bill respond to the flaws outlined by the Constitutional Council:. Such procedure — so far restricted to only a few categories of simple litigation such as traffic regulation — fails to guarantee the right to a fair trial:.

Obviously, this simplified procedure does not embrace the traditional judiciary protections and thereby violates the provisions of Article 6 of the European Convention on Human Rights 8. The proposed bill gives the HADOPI powers of judicial police that give the executive agency the ability to make statements of alleged copyright infringements through the collection of IP address on peer-to-peer networks.

The judge would base its ruling on this statement. Yet, IP addresses cannot constitute a valid proof:. It is then impossible to identify copyright infringers through IP addresses. The bill is all the more alarming given the fact that the simplified procedure would not allow for a thorough judicial examination of the validity of the proof. It is also worth noting that not only would the judge receive statements from an executive agency but would also rely on the latter to enforce their decisions.

However, in its decision on HADOPI 1 the Constitutional Council also contended that such presumption of guilt could only be acceptable if the penalty was not higher than a fine, and on the condition that:. Therefore, the graduated response still contravenes to the presumption of innocence. So it is even dubious that the Constitutional Council would consider this new sanction as a mere fine. Although it is still unsure what the exact plan of the French government is, this announcement is clearly a delusion.

Indeed, any new revenue for cultural works under the form of a statutory tax must go with new rights for the public — most notably the right for people to freely exchange cultural works for non-commercial purposes. The judge could also decide a one-month internet suspension as complementary penalty. Such procedure — so far restricted to only a few categories of simple litigation such as traffic regulation — fails to guarantee the right to a fair trial: It does not include any contradictory debate or public hearing; The ruling is made without any prior judicial investigation.

Charges based on worthless proofs The proposed bill gives the HADOPI powers of judicial police that give the executive agency the ability to make statements of alleged copyright infringements through the collection of IP address on peer-to-peer networks.

Yet, IP addresses cannot constitute a valid proof: Fraudulent uses of IP addresses are widespread and no security software can protect an internet access from being hacked; Researchers from the University of Washington have shown that identifying copyrights infringers based on IP addresses collected through peer-to-peer websites monitoring was an extremely precarious method 9.

The law passed in May created this obligation: internet subscribers should secure their connection by installing software aimed at preventing illegal file-sharing 7. French courts normally include a college of three judges. Art6 9.

KOMPOZER HANDBUCH PDF

France’s HADOPI 2 Passes

It also aims to describe both, analyze their rationale and discuss their likely impact. The paper combines legal and economic approaches. The legal debates have been analyzed and transcribed in a casual discourse. Economic analysis is used to understand the rationale of the law. Both approaches are used to point out the limitations of the law. However, the graduated response's efficiency is dubious; the certification raises the issue of defining what is legal. Both mechanisms destabilize the French copyright law by putting more pressure on ISPs and online services.

HYDROMATIK A7V PDF

Anti-internet piracy law adopted by Spanish government

The part of the HADOPI law that allowed for suspension of Internet access to a repeat infringer was revoked on 8 July by the French government because that penalty was considered to be disproportionate. The power to impose fines or other sanctions on repeat infringers remains in effect. Debate included accusations of dubious tactics made against the promoters of the bill. There were complaints that the government's official website misrepresented the bill, [6] that the French Wikipedia pages on it were falsified by the Ministry of Culture on 14 February

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