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French government starts legislation to curb illegal downloading

Billboard reported Friday that the French government has started legislation "designed to control online piracy" through a controversial law that creates a new independent authority, HADOPI, that "will act on the request of rights holders, and will be entitled to demand from Internet service providers the identity of copyright-infringing computer users." The HADOPI will be in charge of "issuing warnings and potentially cutting infringers' Internet subscription" via a three-step process.

The new law has yet to pass through the French government's two Houses of Parliament, but if enacted the HADOPI will begin by warning users via an e-mail that their infringements have been noted. If the Internet user continues to illegally download, the HADOPI will send a second warning, but by registered letter. No other warning will be given if the user continues to infringe on copyrights and the HADOPI "will be entitled to cut the Internet access of the user for three to 12 months, which can be lowered to one to three months if the infringer commits to stop illicit downloading." Debates over the law are expected to begin soon, aiming to pass the law by early next year.


The HADOPI will have a budget of €15 million ($23 million) and perform a duty "to solve a problem that is particularly importance in France." Billboard also reveals "the project of law was the brainchild of Denis Olivennes, former CEO of France's leading music retailer Fnac, who led a three-month mission last fall." The trade newspaper also reveals that the digital market in France was only 7% of all music sales last year, but report that supporters of the law are hoping to decrease illegal downloading enough in the next couple of years to change that. Despite the new law copyright holders "will still have the opportunity to sue infringers before a tribunal" which could "lead up to a penalty up to €300,000 ($468,000) and 3-year in prison."

Numerous music industry supporters and critics have been pushing for Internet service providers to take charge of customers who use file-sharing networks to illegally download copyrighted material, such as music. Most prominent has been U2's manager Paul McGuinness, who has repeated lashed out at ISP's for inadvertently tolerating the practice. Unfortunately, despite the promise of the new law and its promise to the music industry, it means that ISPs will be forced to turn on their own customers.

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Last updated: November 22, 2008: 10:14 AM

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