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French Constitutional Tribunal overturns Sarkozy's "cyber-pirate" law
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crime and justice |
other press
Wednesday June 10, 2009 20:04 by iosaf
The constitutional council of the republic of France has today published its 580th ruling this year. It overturns a Sarkozy law which would have allowed for the state to block internet access by all the kind of people who download movies, books, music and all that sort of general crap & fun regardless of whether they intented to enjoy it at home or sit by the side of a street like a third worlder and flog it to a passerby. If you are old enough to remember using a magnetic tape with or without noise reduction to tape your favourite songs off the wireless or are perhaps of a younger generation who built a huge collection of VHS or Betamax recordings of movies off of telly - you might have missed how the modern entertainment industry wants to extend property rights beyond its own civil case options to persuading states such as France (or Sweden) to do the enforcing for them. & all of this just before they make sure you can only watch a digital telly. |
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Jump To Comment: 1 2(2 minutes after the above article was published the story was filed under technology on the BBC site)
France's top legal body has struck down a key provision of new legislation aimed at punishing internet pirates. The law, approved by deputies last month, gives officials the power to cut web access for those caught repeatedly downloading protected material. But the Constitutional Council ruled that only a judge could bar people from the web, describing access to online services as a human right. The law was backed by President Nicolas Sarkozy and the entertainment industry.
'State surveillance'
The Creation and Internet bill set up a new state agency - the Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet (Hadopi). The agency would first send illegal file-sharers a warning e-mail, then a letter, and finally cut off their connection for a year if they were caught a third time. But some consumer groups had warned that the wrong people might be punished, should hackers hijack their computers' identity, and that the scheme amounted to state surveillance. John Kennedy, chairman of the IFPI, which represents the global music industry, had described the legislation as "an effective and proportionate way of tackling online copyright infringement and migrating users to the wide variety of legal music services in France".
The sections relevant to the striking down of the law for lack of constitutionality have been translated into english here:
http://knowfuture.wordpress.com/2009/06/11/hadopi-rejec...il-i/