HADOPI law
Hadopi or HADOPI (Haute Autorité pour la diffusion of oeuvres et la protection des droits sur l' Internet; German High Authority for the dissemination of works and protection of Internet rights) refers to a set up by a French 2009 law authority in against copyright violations Internet goes on. The law has been in force since the beginning of 2010. From October 2010 to June 2013 shipped more than 1.2 million Hadopi warnings due to copyright infringement. In May 2013 gave the Minister with responsibility for Information and the digital economy, Fleur Pellerin, announced that the Hadopi will unwound and am also the associated lowing practice of blocking is copyright infringement to the test.
Method
Three -strike method
Is applied, the Three - strikes process ( German three-stage process ). The suspect is initially cautioned twice, first by e -mail, when repeated by registered mail. If the IP address recorded a third time, so a simplified court procedure is initiated, in which various sanctions may be imposed, in particular fines and the temporary blocking of Internet access.
At a press conference in 2012 Hadopi boss Mireille Imbert - Quaretta said: To date, Hadopi has passed only 14 files requested by courts, although others could follow 340 when rights holders complain within one year after their last warning again about it. None of the 14 cases so far gone to court, though prosecutors have asked the Hadopi in many cases for more information.
Determination of the IP addresses
Be determined and submitted to the Authority the IP addresses either by the prosecution or by legal professional associations. In the field of video games, these are mainly the associations UECN and SELL, in the music industry in particular SACEM.
Clear communication of addresses by the provider
The providers are required by law to issue the clear addresses of Internet users to the Authority. Against this, some providers have resisted, but they seem to have given up their resistance.
Settlement of the authority
In June 2013 gave the Minister with responsibility for Information and the digital economy, Fleur Pellerin, announced that the Hadopi will unwound and am also the associated lowing practice of blocking is copyright infringement to the test. This statement was preceded by the presentation of the report of a culture -appointed commission President François Hollande with proposals for cultural policy already in May 2013 in which, among other things, the abolition of Hadopi was demanded. The main argument for the abolition was that the Authority with its 60 employees (as of May 2013) and a budget of 12 million euros is too expensive and too inefficient. From October 2010 to June 2013 just three court cases are over 1.2 million registered users is concluded with a judgment, of which only one with a fine of 150 euros, one with a warning and one with an acquittal. Therefore, the proposal of the Cultural Commission envisages to maintain the Three- Strikes model, but in the third stage instead of blocking the Internet access only to impose fines and to transfer the oversight of the above the French regulator for television and radio.
Transfer of proceedings at the European level
At European level, the Gallo report was adopted on September 23, 2010, who also is a three- strikes process. The method is to strike a balance between the interests of Internet users and the owners of the copyrights and relies on a balance between a non-prosecution of copyright infringement and strict criminal penalties.
In June 2012, the British media regulator Office of Communications presented a draft of a copyright warning Act, which corresponds to the three-strikes system.