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RE: French 3-Strikes Law



The law stated that you are responsible of your connection usage. It simply means, legally, that if someone (undercover or not) else use it, you could be disconnected. They called it the "négligence caractérisée", meaning you didn't take any countermeasures to prevent someone else from using your connection to breach the intellectual property.

Can you give more information about this provision? Is an ISP responsible for the actions of their users? Is a message board owner liable if someone posts unauthorized material? What about an email service provider? What about foreign sites, or corporate sites? If someone on Blogger posts unauthorized material, would Google's French connections be cut off? Would Larry and Sergey be blacklisted?

As far as I know, the ISP is NOT responsible for the actions of their users. The user supports the whole responsibility, that's why Hadopi2 targets ONLY subscribers and not ISPs. Legally the subscriber is responsible of its internet access, even if it's itself or not. That's why the law states you need to protect your access, so the Hadopi instance will be sure YOU get illegal content and not your neighbor, but they don't define how to protect it.

The law isn't about country-based content filtering. To put it in a nutshell you can still do what you want with your internet access and the connections aren't restricted, but if they prove you share/download copyrighted content (mostly via P2P, they didn't care about streaming), you could be disconnected after 2 warnings.


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