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Old 09-13-2012, 09:54 PM   #1
Ninjalawyer
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HADOPI Scores Its First Major Victory!

France's 3-strikes law has finally managed to score a major victory against that vilest of the vile creatures, a music pirate!

In a ruling that will no doubt strike fear in the hearts of would-be pirates all over France, Alain Prevost was ordered to pay €150 for failing to secure his internet connect. The fact that it was Prevost's wife (soon to be ex-wife) who admitted to downloading the songs found no favour with a court that rightly noted that Prevost's name was on the internet account used.

The foul cur Prevost even failed to spend his own money to travel to Paris to answer a HADOPI summons! To be fair though, Prevost did take the time to be questioned at a police station and spent €50 to have his computer cleaned by an IT firm, facts which may have mitigated some Infinitesimally small portion of his sins.

Some may think that the time spent by HADOPI sending letters and a summons to Provost, the time spent by police in questioning Provost and the time of a lawyer spent prosecuting Provost were a waste and an example of a bureaucracy out of control, but I say it is justice most fair! Truly, all pirates should feel fear in their guts when the square wheels of French justice start rolling their way!

http://arstechnica.com/tech-policy/2...e-didnt-do-it/
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Old 09-13-2012, 11:07 PM   #2
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Old 09-13-2012, 11:10 PM   #3
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I am surprised Madame Guillotine was not rolled out for the occasion!

Perhaps a member of the RIAA could drop in and play the part of the toothless old woman who does her knitting next to the basket.....
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Old 09-13-2012, 11:14 PM   #4
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Uh huh. Of course, if they nailed him for the full penalty ($1500 and kick him off the Internet at home for 1 month), you'd be squealing about how the process is deeply unfair and the punishments disproportionate.

The reality is that most people apparently cut it out after getting the 1st notification from HADOPI. They sent out around 650,000 first notices, around 20,000 second notices, and out of that 13 people are facing a court. Yes, obviously it's a crappy system which can't possibly do a single thing to stop piracy....
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Old 09-13-2012, 11:28 PM   #5
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Torrenfreak breaks down a study which concludes that there was no appreciable change in piracy rates after Hadopi went into effect: http://torrentfreak.com/anti-piracy-...-sales-120124/

Anecdotally, I noticed that people who had previously been torrenting switched to bootleg streaming to watch TV and movies.

In any case, the law cost $11 billion per year and was completely backwards; why are taxpayer dollars being used to sustain old media monopolies instead of being invested in new ways of purchasing and consuming content online?
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Old 09-13-2012, 11:57 PM   #6
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Uh huh. Of course, if they nailed him for the full penalty ($1500 and kick him off the Internet at home for 1 month), you'd be squealing about how the process is deeply unfair and the punishments disproportionate.

The reality is that most people apparently cut it out after getting the 1st notification from HADOPI. They sent out around 650,000 first notices, around 20,000 second notices, and out of that 13 people are facing a court. Yes, obviously it's a crappy system which can't possibly do a single thing to stop piracy....
If you read the story, its clear to everyone involved that he didn't download the files, so I'm not sure how any level of punishment could be considered fair; in this case, there was nothing for him to "cut out". This guys crime was being generally ignorant when it came to computers.

Can you really say that the law responded appropriately to this case? And apparently it's doing such a great job at stopping piracy that the Minister of Culture has indicated it will likely be shutdown - no doubt because it has worked so well that there are no more pirates in France (save for Provost of course).
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Old 09-14-2012, 12:39 AM   #7
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Well suppose this supposed miscreant used his computer to receive morning prayers.

Paris would be aflame with protests!
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Old 09-14-2012, 02:00 AM   #8
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In any case, the law cost $11 billion per year and was completely backwards; why are taxpayer dollars being used to sustain old media monopolies instead of being invested in new ways of purchasing and consuming content online?
While those special interest groups, namely the MPAA and RIAA, are major contributors to US congress members campaign funds and have armies of copyright trolls to do their bidding, nothing will change.

If these organisations spent a tenth of what they spend on buying congress members votes and copyright lawyers, into improving their members business and distribution systems and look at modernising how they operate within the modern global digital age, things might improve. But it won't and piracy will keep on sailing the internet main.

In point of fact, the RIAA and MPAA could be said to be encouraging the whole problem through their inaction and resistance to change, not attempting to resolve it.
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Old 09-14-2012, 02:28 AM   #9
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The foul cur Prevost ...
Only in France would you encounter such a creature, was my initial thought, until I realized you weren't talking about a "fowl cur".

Last edited by Kumabjorn; 09-14-2012 at 05:07 AM. Reason: typo
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Old 09-14-2012, 05:05 AM   #10
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In any case, the law cost $11 billion per year and was completely backwards; why are taxpayer dollars being used to sustain old media monopolies instead of being invested in new ways of purchasing and consuming content online?
It also led to a decrease in consumer spending on entertainment.

http://www.ghacks.net/2012/04/01/had...-down-as-well/
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Old 09-14-2012, 07:34 AM   #11
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It also led to a decrease in consumer spending on entertainment.
HADOPI is enacted, digital sales go up 25% -- during a recession. Physical media sales have been dropping for years, so it's no surprise that continued. And of course, on that basis ghacks provides an extensive bullet list, for which there is as little evidence as for the industry assumptions that "every download is a lost sale." Yes, very conclusive evidence....
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Old 09-14-2012, 07:49 AM   #12
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If you read the story, its clear to everyone involved that he didn't download the files....
His account, his network, his responsibility.

If the guy's computer got nailed by a virus and was cranking out massive amounts of spam, fixing that situation would be his responsibility -- even though he did not make a conscious decision to become a spammer.

Not to mention the fine is practically a slap on the wrist. It's a bit disingenuous to go nuclear over a $190 fine.


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Originally Posted by Ninjalawyer
apparently it's doing such a great job at stopping piracy that the Minister of Culture has indicated it will likely be shutdown....
It's being shut down for political reasons, not based on its effectiveness. Sarkozy set up HADOPI, and he lost the election to his Socialist rival Hollande, who will probably shut it down.
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Old 09-14-2012, 07:55 AM   #13
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His account, his network, his responsibility.

If the guy's computer got nailed by a virus and was cranking out massive amounts of spam, fixing that situation would be his responsibility -- even though he did not make a conscious decision to become a spammer.

Not to mention the fine is practically a slap on the wrist. It's a bit disingenuous to go nuclear over a $190 fine.

It's being shut down for political reasons, not based on its effectiveness. Sarkozy set up HADOPI, and he lost the election to his Socialist rival Hollande, who will probably shut it down.
If charging a guy $190 for what his ex-wife admitted to doing seems like a great idea to you, then I think we're at an impasse and aren't going to agree. Of course, that's not the only cost involved - there's also the time of the police wasted, Hadopi's time in sending out letters wasted, the judges time wasted, the time of a prosecutor wasted and Provost's time wasted. So Provost's monetery cost is small, but the likely cost to French taxpayers seems way out of line with what Hadopi managed to accomplish in this case.

I would also hardly characterize anyone's post in this thread as having "gone nuclear". Honestly, the most melodramatic posts have your name attached to them.

Some fun quotes from France's Minister of Culture for spice:

Quote:
I do not know what will become of [Hadopi], but one thing is clear: Hadopi has not fulfilled its mission of developing legal content offerings
Quote:
...with respect to budgetary efforts, I’m going to ask that Hadopi’s funds be significantly reduced for the rest of 2012. I prefer to reduce the finances of [agencies] whose utility is not proven. In September, I will announce the details of these budgetary decisions.
I guess the current French regime just doesn't know a good thing when they've got it.

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Old 09-14-2012, 07:56 AM   #14
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I liked the old days best, when you would download music from a radio station to a bunch of cassete tapes. RIAA and the like seemed to not care.
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Old 09-14-2012, 08:18 AM   #15
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So if his wife murdered someone without his knowledge, using his gun and in his house, he would be the one to go to jail while the wife goes free? Same scenario just larger stakes.
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