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    Second HADOPI Law Faces French Constitutionality Test

    Published on 2 October 2009 @ 5:15 pm

    By , Intellectual Property Watch

    Just days after the French Parliament adopted a bill aiming to protect literary and artistic intellectual property rights online on 25 September; the law is being challenged on constitutionality grounds.

    In what seems yet to be another episode in the French government push for IP enforcement on line, the law nicknamed HADOPI 2 is following in the steps of a first so-called HADOPI law, passed in May and reformed by the French Constitutional Council the following month.

    The first law intended to set up a high-level authority for the diffusion of works and the protection of rights on the internet (HADOPI) in charge of locating alleged infringers, warning them, and then applying sanctions, including the suspension of internet connectivity up to one year, after two warnings of illegal downloading.

    The Constitutional Council censored two paragraphs of the law, finding them out of line with the French Constitution and leaving the HADOPI with only the surveillance of alleged infringers and warning steps. The HADOPI law was promulgated on 13 June.

    Immediately after, the French government submitted a new law restoring penalties, but this time to be decided by a judge rather than by the newly created HADOPI, conforming to the Constitutional Council ruling.

    HADOPI 2 was adopted by the French Parliament on 15 September after undergoing a flood of amendments submitted by opponents in the National Assembly, which delayed the discussions. Socialist deputies seized upon the Constitutional Council on 28 September for a review of the law. One of their claims was that the suspension of internet connectivity would call into question the freedom of speech and communication. The Constitutional Council has until 28 October to give its ruling.

    According to the French Ministry of Culture and Communication, the high-level authority will be operational as soon as 2010 under the terms of the first law. Members of this high-level authority should be designated in October, by decree. As soon as January 2010, the first warnings should be sent to alleged infringers.

    Frédéric Mitterand, the French minister of culture and communication, said the law was not sufficient and that a second step concerning the expansion of new types of cultural products on internet and new sources of income for creators should be pursued, according to a ministry press release.

    The full text stating the reasons for the constitutional challenge was published in the French newspaper Les Echos available here (in French).

    Catherine Saez may be reached at csaez@ip-watch.ch.

     

    Comments

    1. Portfolio 28set- 02 ottobre | Diritto&Internet says:

      [...] Francia: nuovo esame di costituzionalità per la Legge HADOPI [Intellectual Property Watch] [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.