Apr 6, 2009

Piracy: France becomes the first country to cut illegal Internet access

Piracy: France becomes the first country to cut illegal Internet access

This is fact. Bill Creation and Internet, which is supposed to fight against illegal downloading, was adopted yesterday by the National Assembly ... in the presence of sixteen members. Wanted by Nicolas Sarkozy, prepared by the Ministry of Culture, defended the industry, the text creates an anti-piracy device anywhere in the world. It made France the first country to legalize the breaking of access to the Internet, to punish the illegal downloading of copyrighted content.

Despite the numerous amendments proposed by the opposition and some members of the majority, the text did not fundamentally changed since its passage in the Senate. It also maintains the key measures of the bill initial: police the Web will be created and the pirates will face a "graduated response" from the warning to disconnect altogether. Here the main lines of the anti-piracy device, adopted yesterday evening April 2, which we imagine how badly it will be applied ...

The Hadopi orders. A High Authority for the dissemination of works and protection of rights on the Internet (Hadopi) will be established to coordinate the fight against illegal downloading in France. This is an administrative authority, whose chairman will be appointed by the government and not elected from among the members of its management, as originally planned. She recovered from ISPs the identity of Internet users suspected of illegal downloading, signing warnings to send and who will decide what sanction to impose on offenders pirates. It is not subject to review by a judge, the big dam critics of the text.

The detection of pirates. These are the stakeholders (owners of copyright of a work) that will identify the Internet IP addresses of computers that are permitted to download or posting of copyrighted works. They will include decoys on the networks of peer-to-peer. Having collected these addresses, they would have six months to enter the Hadopi, which will identify the owners of Internet connections to the corresponding ISP.

Early warning by e-mail. If the persons entitled to identify an IP address that was used for the purposes of reproduction, representation, provision or communication of protected works, the owner of the line will receive a first warning by e-mail. This will be sent by his ISP, but signed by the Hadopi. It tells the customer the date and time of the infringement found, without naming the content of the work is downloaded, for the sake of "discretion". The customer may contact the Hadopi for more details. The email also reminds the subscriber that is required to secure the line and the needle to a list of security software.

Second warning. If a new download is found from the same IP address within six months, the subscriber will receive a second warning by e-mail and letter. At this stage, it will not exercise any remedy if it is not the author of which he is charged. It can only do that once a sanction.

Clipping. In case of repetition in the following year, the Hadopi may order the ISP to disconnect the offending line, for a period ranging from two months to one year. The High Authority may propose a "transaction" to the customer and reduce the duration of the disconnection (a period of between one and three months) he will not again.

The cut will be made within 45 to 60 days of notification of Hadopi. Only internet access will be cut if the subscriber has an offer triple-play (Internet, telephone, TV). During the suspension, the user will not have to pay part of the subscription for Internet access, ISPs are now obliged to detail the price of their triple-play packages. The user may not subscribe to another ISP during that period, it will be on "black list".

Challenge the sanction. The user will have 30 days to challenge a decision to disconnect the Hadopi, exercising an appeal from a judge. The terms of these remedies will be specified later by decree.

Security software 'approved'. Hadopi publish the list of functions required for a security software is considered efficient enough to protect an Internet line. The responsibility of a user can not be initiated if installed one of these programs. Suggesting that such software will transmit or store data on the use of the line, hence their classification as "spies" by the anti-Hadopi. These security tools will be charged. The law does not specify whether they will be multi-platform or their exact ...

Sites blocked by the ISP. The law now allows a judge to order an ISP to take "all measures" to stop the communication of content protected by copyright. Clearly, an ISP can block access to a site hosting a content protection if a claimant files a complaint in court. Longer need to ask the host to remove the content.

Legal tenders more visible. The National Film Center is to prepare by 30 June 2009 "Portals referencement" To improve the promotion of catalogs legal content on the Internet. Furthermore, the law states that DRM (digital locks) will disappear only commercial content sold to the act and not the package.

A faster release on DVD. A film will released on DVD at least four months after its theatrical release (against six months now). But exceptions are possible depending on the contract of acquisition of rights. The period may be reduced to three months if the film has not worked well in cinema. However, nothing is yet decided the case of video on demand via the Internet (VOD). The audiovisual sector has one month from the promulgation of the law to reach an agreement. Otherwise, the VOD is subject to the same regime as the DVD.

Source : techarena.in

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