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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.

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    French HADOPI Law, Now Complete, Can Brandish Its Weapons

    Published on 23 October 2009 @ 2:01 pm

    Intellectual Property Watch

    The French Constitutional Council yesterday gave its ruling about the constitutionality of a French bill aiming to protect literary and artistic intellectual property rights online, and decided that the bill was in conformity with the French Constitution, asking only for a minor amendment, according to the Council ruling available here (in French).

    The legislation, nicknamed HADOPI 2, followed the first so-called HADOPI law passed in May, which was reformed by the Constitutional Council in June, depriving it of its sanctioning ability. HADOPI 2, which aims to complement the first law by adding modified sanctions, was also challenged at the Constitutional Council by Socialist Party deputies (IPW, Access to Knowledge, 2 October 2009).

    The first law set up a high-level authority for the diffusion of works and the protection of rights on the internet (HADOPI). This authority will locate and warn alleged infringers. The second law restores penalties that were struck from the first law allowing a judge to implement sanctions, including the suspension of internet connectivity up to one year, after two warnings of alleged illegal downloading.

    Frédéric Mitterand, the French minister of culture and communication, welcomed the decision and announced the next steps of the fight for the protection of creators’ rights and the development of legal downloading offers on Internet, according to a ministry press release (in French).

    The high level authority will be set up in conformity with the foreseen schedule and its members should be nominated in November. The first warning messages should be sent to alleged infringers at the beginning of 2010, according to the release.

     

    Comments

    1. French consitutional court approves revised graduated response law « IP, Innovation and Culture says:

      [...] this version of the law and the first warning notices are expected to be sent in early 2010. Read IP Watch for more details, and the decision of the Constitutional Council can be read here (in French). [...]

    2. IP Osgoode » Pirates, Pirates Everywhere says:

      [...] unlicensed software. The party of French President Nicolas Sarkozy, advocate of France’s HADOPI “3 strikes” graduated response law, has itself been caught infringing copyrights twice. Even [...]

    3. » Blog Archive » Noncompliance of font licences can lead to embarrassment and worse Extensis Blog - Font Management, Digital Asset Management and Creative Info says:

      [...] yesterday when it was revealed that Hadopi, the French anti-piracy group, had used an inappropriately licensed font in the creation of their [...]

    4. France Continues to Confuse Censorship with Civility « says:

      [...] 2009, France passed the HADOPI three-strikes law which allowed the government to prevent any person who illegally downloads [...]

    5. Site says:

      This brief video teaches you how to utilize a French VPN server instead show a French ip-address and to hide your accurate place. Great for seeing French TV like M6 Replay.


    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.

     

     
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