Re: French 3-Strikes Law

[Niels Elgaard Larsen <elgaard@xxxxxxx>]

hgiuh ghj wrote:

>> 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.

Google, ISP's are not responsible for the actions of their users.

But they _are_ responsible for implementing all kinds of restrictions, policies,
practices, etc.

Google removes content according to the DCMA and filter searches. ISP's implement data
retention, internet filters, etc.

This is a trend that is about controlling the infrastructure of the internet.

They want to control our servers, accesspoints, etc in just the same way as they control
ISP's. Ie. we can run servers and open accesspoints as long as we log everything, require
authentification, etc.

It is not really about making common users responsible for the actions of others. It is
about preventing anonymity.

The lack of anonymity will then deter users from committing crimes, and make it possible
to punish the guilty.

> 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.

Except they do not have to actually prove it.
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