The Closing of the Net  "original and valuable"  Times Higher Education

President Sarkozy's  Creation and Internet law, also known as the Hadopi law, which will bring in 3-strikes anti-filesharing measures in France, has been passed by the Assemblee Generale and the Senate. This means that it will shortly become law.

 

In the Assemblee Generale, it was voted by a narrow majority of 296 votes in favour to 233 votes against. This was the second time it had gone through, after having been rejected on the first occasion. French President Sarkozy and his Culture Minister, Christine Albanel, bent all the French Parliamentary rules to get it through the legislature a second time, in just one month.

The vote is in spite of the European Parliament's opposition to 3-strikes, as  expressed in the Telecoms Package vote

last week, when it carried Amendment 138. Madame Albanel,  and Jean-Francois Cope, architect of the French Internet levy to substitute  for television advertising revenue and pay for public servicebroadcasting, have both stated the view that Amendment 138 is no barrier to the law.

 However, Amendment 138 does say that a judicial ruling is needed before Internet access may be cut off, whereas the new Hadopi will be a public authority with no judicial status. Moreover, the law is explicit that the Hadopi will use evidence supplied by 'agents' and those agents will be the rights-holder associations. Clearly, such an authority should not be permitted to  act in lieu of a court, in all reasonable circumstances.

 In the French Senate, the majority was much larger - 189  in favour, to 14 against. The aging Senateurs are generally claimed to know very little about the subject matter of this law. The Assemblee Generale therefore, was  the key vote for getting the law through the legislature.

 

Source: Liberation

 

This article is licensed under a Creative Commons Attribution Non-commercial-Share Alike 2.5 UK:England and Wales License. http://creativecommons.org/licenses/by-nc-sa/2.0/uk/ It may be used for non-commercial purposes only, and the author's name should be attributed. The correct attribution for this article is: Monica Horten (2009) Sarkozy bends rules to get in  3-strikes law, iptegrity.com,13 May 2009. 

 

 

 

 

 

 

The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

Read more  

Ask your library to get it!

Order direct from the publisher.

Go to   Amazon

Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

Don't miss Iptegrity! Iptegrity.com  RSS/ Bookmark      

Iptegrity.com is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

Iptegrity.com is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

Contact  me to use  iptegrity content for commercial purposes

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review

Paperback and Kindle and Epub formats.

Available from all good online bookstores or get it from the publisher Zed Books  direct:

Amazon UK

Amazon USA