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Posted by on Sep 14, 2012 in Intellectual Property, Internet |

Hadopi in France a man fined forty years despite being innocent

Hadopi in France a man fined forty years despite being innocent

Yesterday we mentioned the landmark ruling regarding the P2P in California. A judge put some common sense to the situation that exists in many judgments admitting that a subscriber to a provider shall not provide a connection to prevent third parties use to infringe copyright. Well, the controversial three strikes law, , just collect in a new “victim”, a 40 year old that his innocence has not Fine bran . According to the regulation, should have guarded their network who used and for what purposes.

And that it’s almost two years since the law was implanted for 3 strikes in the country to stop “piracy” online. Two years where authorities sent three notices before punishing the alleged infringer.

Since then, Hadopi figures indicate that rights holders have identified a total of 3 million IP addresses in the country. Of these, 1.15 million were worthy of a first warning, 102,854 of a second notice and only 340 of a third party notice.

Finally, there have been only 14 cases where judgment has been reached. Of these, Hadopi has claimed its first “victim” by repetition. A surreal event when you consider that the defendant must pay a fine of 150 euros even though innocent. The reason, not responding to warnings after three strikes or monitoring the use made of their connection.

Once in court, the man defended arguing he was innocent, he was unable to download and had not committed any offense. Not only that, to support their claim, the court was the person who really was responsible for the shared file.

It was his current wife, now getting divorced. The woman admitted Rihanna songs downloaded, but the court ultimately decided that the confession more difficult the case against her husband.

Why? According to the court, saying that he knew his wife was downloading illegal content and not stop, being the owner of the network subscriber, was self-incriminating.

And according Hadopi, no matter what man does not carry out the offense, as the owner of the connection is responsible for what is done with it.

Therefore, the court eventually found the man guilty of failing to provide a connection to the Internet with a fine of 150 euros. A penalty imposed even though innocent of the original charges for which he was charged.

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