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Originally Posted by Shaggy
Because there's absolutely no due process or chance to defend yourself?
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Re-read my post. I very clearly stated that I did not view the current incarnation as having sufficient legal review.
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Originally Posted by Shaggy
What is so special about copyright violations that there should be special laws put into place in order to side step the whole trial process.
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What is so special about a speeding ticket that you can plead guilty by mail?
Also, copyright infringement isn't always treated as a criminal act; afaik civil proceedings are common, and do not involve the "innocent until proven guilty" standard.
The point is likely to be moot, though, for if HADOPI 2 does violate a French standard in this regard, the Constitutional Council will very likely reject it (as they did HADOPI 1).
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Originally Posted by Shaggy
The reason the content industry is pushing so hard for these laws is that actually proving that someone violated copyright and providing evidence to back it up are way too difficult....
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Yeah, well. Given the rampant infringement, I'm having a hard time seeing that as such a terrible thing, as long as the accused get the proper legal review.
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Originally Posted by Hellmark
Under La Hadopi, even though I had taken measures initially to secure it, I'd still be responsible for what happened after someone broke in. Not cool.
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Oh?
Let's say I run a small business. Someone in the office gets a dose of malware on one computer, and that machine starts sending out tons of spam. Guess what your ISP is likely to do? Give you a warning, and if you can't fix it, they will cut your connection until you've convinced them you have resolved the issue. Or, if you run a mail server and it gets compromised, you may well end up on a spam blacklist (not fun to clear up, by the way).
Or, let's say I am a fairly responsible gun owner. One day I happen to leave a loaded firearm out in the open, unattended, and a family visits me. The 5 year old happens to find the gun and fires it. To keep things happy, let's say the kid shoots a lamp and is unharmed.
Or perhaps I keep it locked up, but got sloppy and didn't secure the cabinet properly. Seems pretty clear that you are on the hook for a fair amount of the responsibility of this event.
So if you get two warnings -- one by certified mail no less -- that you're sharing files and you aren't using P2P, then a) yes, you're responsible b) you don't want the government to send a tech to your house to fix it (well, maybe the French do
) and c) if someone has either leeched off your connection or compromised your machine to the point where HADOPI is targeting you, and you're clueless about how to deal with it, perhaps that's the least of your troubles....