French 'three strikes' ISP law thrown out
Thursday 11 June 2009
France's EU defying "three strikes" law that was intended to pull internet connections of repeat copyright infringers has been severely criticised by the French Constitutional Council and now looks unlikely to proceed.
The French Constitutional Council ripped into the new law, stating that the principle of "Innocent until proven guilty" cannot be overturned by the creation a new non-judicial High Authority.
As part of the proposed "three strikes" law, a 'High Authority' was to be set up that would deal with accusations of copyright infringement.
Under the legislation, copyright owners would have investigated, then submitted infringement complaints to the High Authority - who would have then passed them onto ISPs - who in turn would forward them to customers, disconnecting them after two or more warnings.
While the three strikes law was passed by the French parliament on its second attempt (after initially being voted down), it came unstuck once it went before the French Constitutional Council.
It criticised its 'assumption of guilt' by quoting the French Revolution to highlight their concerns, saying that "...under section nine of the Declaration of 1789, every man is presumed innocent until they have been proven guilty".
Although the initial success of the French three strikes law was held up by the recording industry as a key milestone in its worldwide 'graduated response campaign', the Constitution Councils comments now look set to make any the legislation unworkable.
The Council's censure is likely to require that any disconnections be treated like court cases and that rather than adopting a "guilty until proven innocent approach", alleged repeat copyright infringers are prosecuted on an individual, case by case basis which is expected to be impractical for copyright holders due to the high costs and large amounts of time needed.
This article originally appeared in the New Zealand Herald
Swedish stars ask fans for £195 pledges on crowd-funding website
voicesJust when you thought you could find a man, get married, and have a baby by the age of 35... it turns out you’re too late, says Grace Dent
sportNapoli 2 Arsenal 0: Gunners must now face either Real Madrid, PSG, Bayern Munich, Atletico Madrid or Barcelona in knock-out stages
musicAs Mariah Carey and Noddy Holder rake in the royalties from their classics, why there hasn't been a decent festive hit for 20 years?
theatreAuthor Daniel Rosenthal recalls the mishaps that almost brought the curtain down on the likes of John Gielgud and Diana Rigg
lifeFull of the joys and want to help your fellow man? December isn't the time to do it
lifeAs the Royal Mail plans to phase out deliveries on two wheels, it's no wonder posties are in a spin
techLuke Blackall reports on precision engineered prams and babygros that monitor your child 24-7
Life & Style blogs
Low-cost metal 3D printer could be the next step in home manufacturing revolution
YouTube: Top trending videos of 2013 - including Tom Daley and Peppa Pig
People who drink alcohol outlive those who abstain, study shows
Exercise most effective lifestyle choice for preventing dementia, researchers say
GTA 5 update: Content Creator released, online heists and story mode updates coming soon
- 1 Nelson Mandela memorial: ‘Bogus’ interpreter made mockery of Barack Obama’s tribute
- 2 It’s shameful that our universities have accepted gender segregation under pressure from the most oppressive religious fanatics
- 3 Kenyan politician Mike Sonko left red-faced after photoshopping himself next to Nelson Mandela
- 4 Exeter to Edinburgh and back in a day: How one fresher's lost bet left him facing a 900-mile round trip
- 5 Selfie at funeral: Cameron squeezes in on Obama snap at Mandela memorial
- < Previous
- Next >
iJobs Gadgets & Tech
£35000 - £38000 per annum + Benefits: Harrington Starr: C# .NET Developer (Win...
£60000 - £70000 per annum + Benefits: Harrington Starr: Senior QA Engineer Tes...
£45000 - £60000 per annum + benefits+bonus+package: Harrington Starr: C# .NET ...
£25000 - £35000 per annum + benefits+bonus+package: Harrington Starr: PHP Deve...