French 'three-strikes' law struck down
THE FRENCH Constitutional Council has struck down the so-called "HADOPI" or 'three-strikes' law rammed through the National Assembly by the Sarkozy government to pander to the Big Media companies that make up the world's entertainment industry oligarchies.
The law, termed Création et Internet, would have established an extraordinary non-judicial "High Authority" over all Internet service providers throughout France.
According to the cartels' cunning scheme, that would take complaints from entertainment industry copyright holders accusing people of illegal filesharing and direct ISPs to issue warnings, then cut off individuals' Internet access and place them on a national blacklist upon a third complaint, without requiring any evidence or court adjudication of claims.
The Council rejected the HADOPI 'three-strikes' law as unconstitutional on two grounds.
First, the Council wrote that the law would impose punishment equivalent to a criminal sanction outside of a judicial process and without the presumption of innocence. It said, "whereas under section nine of the Declaration of 1789, every man is presumed innocent until he has been proven guilty, it follows that in principle the legislature does not establish a presumption of guilt in criminal matters." The Council further made clear that the presumption of innocence applies "to any sanction in the nature of punishment, even if the legislature has left the decision to an authority that is nonjudicial in nature."
Second, the Council wrote that the law constituted an impermissable constraint on the essential freedom of communication and expression. It said, "Freedom of expression and communication is so valuable that its exercise is a prerequisite for democracy and one of the guarantees of respect for other rights and freedoms and attacks on the exercise of this freedom must be necessary, appropriate and proportionate to the aim pursued."
The decision is a major setback for the music and video cartels seeking to impose such schemes through threats and legislation worldwide, in a desperate effort to protect their obsolescent and failing business models based upon artificial scarcity of entertainment. µ
L'Inq
Ars Technica
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I suspect the French officials involved accepted campaign donations from the MAFIAA knowing the courts would strike it down.
It would appear that lawyers all over the country had predicted this outcome days ago.
That would beg the question of why, if our Ministries are indeed employing some of the best, was this so obvious flaw left in the proposal ?
Was it only to ensure that the Constitutional Council would strike it down ?
Or is it simply that we are indeed voting for morons who are counseled by idiots ?
I'm not sure which option I prefer.
French culture minister thought there was a firewall in openoffice. So you can figure out the level of knowledge she has on p2P programs.
Pascal, Nemo had it right. The politicians involved willingly took money from the MAFIAA, knowing full well that whatever they did would be struck down.
The MAFIAA deserved it. I only hope they are arrogant enough to try it again... and again... and again...
I can't help but suspect that this ruling by the courts had more to do with guarding their own power than with preserving the constitution.
I'm pretty sure it's better to continue being ruled by the Council rather than the MAFIAA.