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Hadopi takes the final steps towards cutting Internet access

15 February, 2012
» 
Copyright | Intellectual Property Enforcement

This article is also available in:
Deutsch: Hadopi setzt letzten Schritt zur Sperre von Internetzugängen


French authority Hadopi announced on 13 February 2012 that its Commission for the Protection of Rights had sent the first complaints to court against Internet users for illegal downloading of files as the last stage in its three-strike system.

Since November 2010, more than 800 000 French Internet users have received e-mail alerts that they were suspected of illegal downloading of copyrighted material. Out of these, about 45 000 considered recidivists received a letter of warning and after six months around 165 seem to have been convened by the Commission on the Protection of Rights to be sent to court for a decision to have their Internet connection cut.

Although a precise number has not been revealed, a Hadopi spokesperson stated the cases had been sent to the prosecutors all over France, according to the residence places of the accused Internet users. The Prosecutor's Office will process cases and decide whether to take them to court which may apply a maximum fine of 1 500 euro and a 1 month suspension of the Internet service.

The offence that the Internet users are being accused is of not implementing a system to "secure" their Internet connection or not having made efforts to make such as system operates properly. Hadopi produces as proof of the offence only the proceedings drafted by the assigned agents on the basis of the findings provided by the company hired by the rightsholders.

The law allows for a speedy simplified procedure for Hadopi where there is no need to hear the defendant and through which the court may apply sanctions if "it comes out from the judicial investigation that the facts the user is accused of, are simple and proven."

The ministry of justice has even issued a letter asking the prosecutor offices to avoid, except for particular cases, a more detailed investigation because the proofs provided by Hadopi are enough to prove the offence.

"This is the myth of the pedagogical Hadopi that slumps. All those who wanted to make you believe that Hadopi was a device meant only to sensitize young Internet users on copyright, are now facing their own contradictions" said Aurélie Filippetti, in charge of culture for the presidential candidate François Hollande's campaign.

Hadopi transmits its first cases to court! (only in French, 13.02.2012)
www.numerama.com/magazine/21634-hadopi-transmet-ses-premiers-do...

Internet users sent to court by Hadopi (only in French, 13.02.2012)
www.lepoint.fr/chroniqueurs-du-point/emmanuel-berretta/exclusif...

Hadopi: the first cases sent to court. But how many? (only in French, 13.02.2012)
www.zdnet.fr/actualites/hadopi-les-premiers-dossiers-transmis-a...

EDRi-gram: French Internet users on the verge of being disconnected (5.10.2011)
www.edri.org/edrigram/number9.19/hadopi-report-france-18-months

‹ EC "Roadmap" for review of the IPR Enforcement Directive upTwo Strikes in Germany? ›
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