54-Year Old School Teacher Who Doesn't Know How To Download Movies First To Be Kicked Off The Internet In France
from the hadopi'd dept
We recently noted that, over in France, under the HADOPI three strikes regime, they had their first 10 people get their third strike, and each was being reviewed to see if they should lose their connection. Well, it looks like the first guy has lost his connection... and it's a 54-year old school teacher who insists he has no idea how to download unauthorized content. The story is a little unclear, but it sounds like he had open WiFi, and he didn't understand what the "first strike," was really about. When he got the "second strike" notice, he tried to figure out how to secure his WiFi, but it either took too long or he was unable to figure it out... and so along came the third strike. The guy is pretty upset about this, for a damn good reason. It's going to be ridiculously expensive to fight and it may get appealed up to European courts outside of France, which would entail significant travel expenses as well. This is why it's supposed to be innocent until proven guilty, right?Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: france, hadopi, oversight, review, three strikes
Companies: hadopi
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Ignorance should not be a acceptable defence in a system with three strikes.
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And I didn't even mention IP spoofing.
This article is a hit on the nail. The French Govt is considering every1 guilty until proven innocent. They should be giving due process to every infringer (i.e.: call them to an audience and properly investigate). Oh wait, if they do that the judicial system will be overload because whooping 18 million infringements were detected. I believe there's a problem with the law if you criminalize over 10% of your population.
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"Dynamically assigned and rotated encryption keys are usually not supported in a WDS connection. This means that dynamic Wi-Fi Protected Access (WPA) and other dynamic key assignment technology in most cases can not be used, though WPA using pre-shared keys is possible. This is due to the lack of standardization in this field, which may be resolved with the upcoming 802.11s standard. As a result only static WEP or WPA keys may be used in a WDS connection, including any STAs that associate to a WDS repeating AP" - Wikipedia
http://en.wikipedia.org/wiki/Wireless_Distribution_System
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No comments on how governments seem to pass law catering to some industries interest ignoring the desires of the majority of the population who elected them there in the first place...
Strange references to parking tickets and cars being booted...
Yep, you must work for the DMV, and were looking for the next Union meeting. That's two post downs, three threads to your right.
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Governments don't pass laws to cater to anyone. Rather, they pass laws that balance what the general public wants and what industry wants, with that balance point being maintaining an economy and generating precious tax revenues. Quite simply, if there is no business, there is little in the way of taxes to create. There are fewer jobs. It's just the basics.
Often the desires of the majority have to be ignored for a greater good, a good that is often not considered. An example would be drunk driving laws. Clearly we have these laws because a significant number of people have the desire to go out drinking and then drive themselves home, regardless of the risks or consequences that come from their action. At some points in the past, I am sure that many people felt that drunk driving laws were terrible, a waste of effort, police just hassling some good ol' boys having a good time on a Saturday night.
The greater good comes into play. That sort of example pretty much kills off your argument. The government has to work for the overall good of the people who elected it, rather than pandering to their every whim. The issues that the US find itself in today often are as a result of pandering to the electorate, rather than doing what is right. It's a pretty basic way to explain the current budget crisis (thank you Republican party for being too obvious!).
The law itself isn't unfair. Unfair would be "one strike and prison for life". Three strikes, with clear notification, is pretty fair to all concerned. The person had all the chance to change things to get it corrected, and apparently did not do anything (or enough). Is it "fair" to rights holders that he should be allowed to either keep download or keep providing access for downloaders because he is ignorant?
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ISPs have been cheaping out in these areas, perhaps they will wake up with they starting losing customers.
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I'm glad I don't live in your terrifyingly oppressive fantasy world...
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Right Marcus?
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Well, it would seem someone didn't learn from my prior lecture on the difference between enable and perpetrate. Here's a link for your convenience:
http://www.techdirt.com/articles/20110617/23403614733/funniestmost-insightful-comments -week-techdirt.shtml#c261
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They don't care who did it, they just want to punish someone, anyone. It's a way to scare off people.
Of course that fails, because it motivates people to hack in to their neighbors wifi to download, which results in more innocent people being punished.
Now I just hope all these innocent people will learn one important lesson: don't pay for music and movies ever again. Do not finance the a*holes that took away your internet connection and threaten you.
Hopefully this will backfire on the MAFIAA in a big way.
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But replace a dangerous drug lab with a torrented copy of Bridesmaids and suddenly it's instant punishment. Does that really sound fair to you?
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Seeing any problems yet? Perhaps the internet connection is used for more than the minor infraction of potential copyright infringement.
You have no right to determine who gets to keep or lose internet access. Your accusations are meaningless with evidence presented and accepted in court. There are so so many way to have the wrong person blamed, letting alone thedisproportionality of disconnection,that the method of IP or even MAC address should be laughed out of court without extensive investigation and validation.
This is why we need more countries declaring net access to be a basic righ.
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Right, piracy has stopped in France.
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Again: locked your house and router are both very good ideas, but there's only one you can be punished for without due process or reparations.
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I guess you would like it to be against the law to lend a stranger your phone? Maybe it should be against the law to hold the door for someone too, just in case they plan to rob the store. And we should all be *required* to have guns so that we can defend our property.
The logical conclusion of your stance is a government that mandates "safe" behaviour, and a citizenry made eternally distrustful and paranoid by the threat of misplaced liability. I'm sure you will dismiss my points as ridiculous hyperbole, but frankly if your argument can't withstand reductio ad absurdum then it's not much of an argument.
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I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled....
... That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.
——Militia Act
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Also, take a look at the first sentence you quoted: "That every citizen, so enrolled and notified..." This was a volunteer militia, not a mandatory militia (barring conscription/draft events in times of war).
Either way, not really a *requirement.*
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That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act.
(Emphasis added.)
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How is this everyone required to have a gun again?
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Point is, the idea of requiring gun ownership is neither absurd nor without precedent.
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Emphasis added.
There were stipulations for calling up the militia in the First Militia Act:
"whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act"
The Second Militia Act (which you're quoting) is defining who the Militia should be composed of. ("Every free able-bodied white male, ages 18-45...")
If we're going to continue to stretch this paper-thin metaphor, I'll need to point out that the person is question is 54. So, if Mandatory Militia= Everyone Has to Own A Gun = Secured Wi-Fi, this schoolteacher would have been exempted.
Also: the Militia Law (as you're quoting it) no longer stands today. The National Guard is volunteer-only at this point. You have to sign up for it. Still very much not-mandatory.
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wont change it for any stupid record company.
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Of course, since entertainment is a much larger industry than the internet, we should cut off the internet to cater to the entertainers' wishes.
Oops, hold on... The internet industry dwarfs the entertainment industry by a thousand-fold.
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You have yet to figure out that Google could *buy* a label and still have change left over?
You believe that Amazon's revenue along with the likes of Hulu, Netflix, eBay, and the myriad of competitors doesn't dwarf those of the recording industry, who still believes in overpriced licensing or the movie industry, who still believes that regionalization, windowing, and lack of customer service will save them from the big bad piracy monster?
Are you SURE you want to begin this line of reasoning?
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Should I paste the revenues of Google, Yahoo, Amazon, ISPs worldwide to provide citation? Or can we all Google for them? Oh wait, Google is so huge that we use the term "to Google" nowadays...
Fail ;)
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You are just full of shite.
First the economical imbalance inside any developed country is big, in the U.S. alone the top 1% holds 80% of all the money but strangely they pay less than half the taxes, who pays the rest is the bottom.
Care to explain why that happens?
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Those laws actually benefit the whole population not only a minority what are you talking about?
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First you apparently didn't read what was written in the original article, the guy sought a way to secure the connection, he did so and failed, now lets not forget that Sony, Paypal, the police, the government can't even secure their networks and you want simple people who are not even IT inclined to do it?
Ain't happening unless they throw out all of their electronic equipment that can spawn a network.
You must be a troll otherwise you are just a dumbass.
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Me: Unplug the freaking thing already. Turn off the wireless. END OF PROBLEM. How hard is that?
Sorry, you guys leave me shaking my head. The solutions are simple and clear. If people were running up thousands of dollars of long distance on your phone because your cordless phone was getting hacked, would you not UNPLUG IT? Or would you just leave it plugged in and say "I tried everything, too bad", and then decline responsiblity?
Is nobody responsible for their own actions anymore?
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That's what happens when Dr Guillotine's blade swings freely.
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Somwhere, somehow, someone has to accept responsiblity for what happens. That line, at least in France, is with the subscriber of the service. If you don't want to be responsible, don't subscribe. If you do want to be responsible, make sure nobody else is using your stuff.
Example: Turn off your wifi when you are not home, or when you go to bed. Some wi-fi units now require you to push a button on the front before you can log anyone new in. That only lasts for a few minutes before the unit is locked down again.
There is a point where the guy has to be responsible, even if he didn't do it. He blew off the first notice, then he left the wi-fi open, he didn't fix it, and he didn't do the obvious to stop it (turn it off).
Sorry, I have very little sympathy.
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That's not the only thing you have very little of ...
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Right. People should have to quit being connected to the Internet just because some lazy shilltards like you continually fail to prove the losses you alledgedly suffer from piracy.
Here's an easy solution for your ilk: if you don't want you content infringed upon, don't produce the content.
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In some situations, turning off your router can have a negative effect on your broadband connection. For example - My router currently syncs at around 7500Kbps. If i power it down for more than 10 mins it forces a line retrain - which can take up to 10 days to stabilize. normally, my line will initially only resync at around 4000Kbps after the unplug - and for a week afterwards it is unstable both in terms of speed and in holding its connection.
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It is! See, in AC's "Big Media, Big Copyright, Law is All" world, there are no innocents. Disconnecting the guy who's router got used by another is DETERRENT! That will deter piracy, because you got after someone who had nothing to do with the infringement. So that stops ....er wait....piracy? Hold on, how does this work again? Lemme take another run at this. You disconnect someone who had nothing to do with it but was used by another to commit the infringement, and that leads to ...less piracy? More sales? The guy is cut off for something he didnt do, so he will buy more media? Right, I guess? How again does that fix the problem? Maybe AC can enlighten us, since he has all the answers and we are just a bunch of stupid freetard apologists. Please, AC, detail how disconnecting this 54 year old man who was the victim of someone else using his connection is going to reduce piracy and increase sales.
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However, you completely misrepresent my point of view, and make it sound completely different from what I said.
There is only one subscriber. He is ultimately responsible for what happens on the connection he is paying for.
If you have an old fashioned home phone (or a cell phone for hat matter) and lend it out to anyone randomly, and they make lots and lots of long distance calls, you will be responsible for them. If you hang your phone on a cord outside your window with a big sign that says "make phone calls free here", you should not be shocked when people abuse it.
Having an open wireless is doing the exact same thing. "Use my connection, do what you want, I don't care". But since you are contracted with your ISP for service, ultimately you are responsible for what happens on your connection.
What you are falling for is the "54 year old victim" BS which is nothing but a way to try to turn the story. The truth is this guy has an internet connection, has a wireless, and enough brains to use it. He got notified and blew it off, got notified again and puttered around trying to figure it out himself, and finally got third notice and got shitcanned off.
For him to say "SODDI!" and have us all just accept it is bull. He could have easily reacted at notice one and addressed the issue, and certainly could have pulled the power plug on his wireless after notice 2. That he didn't take simple steps while being notified of this issue is his problem, and nobody elses. It doesn't matter if he is 54 or 24.
You are falling for the red herring. But then again, you always do, don't you?
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All that blathering, and like always, you avoid answering the question: HOW does disconnecting someone who's connection was used WITHOUT HIS KNOWLEDGE OR CONSENT help either piracy or selling more media? Please, answer or STFU.
Oh and I'm not YOUR anything. Come within 3 feet of me and I'll show you just how much you arent. And yes, that IS a threat.
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So, does that mean that the content creators need to be held responsible for not keeping a tighter reign on their content instead of letting them get away with paying the government to force ISPs to do it for them?
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Why others need to be responsible for your content?
It is not their problem, why should they care or be forced to care?
Because you think you are loosing money?
F. you!
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So if someone gets a heart attack he has to go to the neighbor to see if they can let him use it to call for help?
You want everybody to be responsible for your content no matter the consequences, you want everybody to protect you so you can feel safe?
F. YOU! F. YOU! and F. YOU! I can't say that enough.
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You're fucking kidding here right? I mean no one could possibly be this oblivious.
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Apparently not. When **AAs are wanting other corporations, governments and people, to pay for the protection of their imaginary property, when it was themselves who originally released it...
Simple solution? Don't release it.
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I have had in the past my dsl modem was my wireless, so if I unplug it I can't use the internet.
So lets say I do unplug it and then decide all right lets google to see how to close up my wifi. Wait my internet is down. Some user manuals of certain devices are also extremely unhelpful and even me (I work as a programmer) have trouble figuring out how to turn the wifi off on new devices.
The fact is the law should never have been passed and with so many things online and internet is becoming more than just something you use on and off. Its becoming necessary for some to do their jobs. That is what people try are point out...
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maybe his computer is in a place where it is inconvenient or costly to run wires to. My mother's desktop computer runs off wireless because of the room she chooses to keep the computer in. I know you think the **AA should get to choose what room she keeps her computer in right?
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1% of population are the highest wage earners
of this 1% they pay 40% of the federal income taxes.
this 1% accounts for 20% of the monthly taxable wages.
To your point the bottom 50% pay all the taxes... your wrong... according to US Census Bureau
49% of all Americans pay No Federal Taxes.
20 million are at or below the poverty line.
Of the 80 Million they average this:
2 Color Televisions per house hold, 1 of them has a high probability of being a big screen
they will average a cell phone, with text and web (high % chance of a smart phone)
2.5 Cars per household
LARGER living space than the Average (not at the poverty level ) EUROPEAN
More Caloric intake than the average person in the world.
about the part where tax dollars come from (generally the Middle class at 50K per year in household revenue and up) not the bottom 50% like you asserted.
I hate even remotely supporting a troll but your facts are false as theirs...
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49% of all Americans pay No Federal Taxes."
Can we PLEASE have enough of this "% of the population doesnt pay any tax therefore..." bullshit rhetoric?
IT doesnt matter if its 20, 50, or 80% of the population that doesnt pay income taxes (and make no mistake, they DO pay taxes, and lots of them, just not INCOME tax) when they ONLY HAVE 1% OF THE WEALTH!!
You spout this drivel as if its a big deal that 1% of the wealth of the country doesnt pay taxes. BIG DEAL. The rich own 95-99% of ALL the wealth, so they SHOULD be paying 95-99% of the taxes too.
Stop putting the burden on people who can barely afford to live as if they are some parasites when the rich live lavish lifestyles on the backs of the poor and middle class. The burden SHOULD be on them.
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Hitler said it was the Non-Germans that where the problem and passed laws for the "greater good"... cant see a problem with your logic...
Stalin said that dissidents create problems, to the gulag... for the "greater good of the soviet politic" ... cant be wrong there aye?
Pol Pot said that all should farm for the "greater good"...
hmmm.. yup that worked out well too///
The "greater good" argument has been used time and time again as a flag to punish and oppress people around the world...
So color me skeptical that the law is for the "greater good" of the people and not the enrichment of an industry and the Government...
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Governments don't pass laws to cater to anyone.
One word: Lobbyists.
Aren't you one of them?
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Lol.
"Often the desires of the majority have to be ignored for a greater good"
Double lol.
"An example would be drunk driving laws."
I'm pretty sure most people agree that drunk driving laws are necessary. I doubt you can find such a consensus on the state of IP laws.
All in all, this is four paragraphs of uninformed tripe. Your entire "Well we just need the government to hold our hands so the corporations can get their fair share" argument is exactly the kind of defeatist attitude that allows them to push these kinds of laws onto the majority. There is no good that can come from circumventing already-existing legal models in place of models that seem to think that guilty is the default state of a person and that an IP = a person.
Of course, judging by your posting history, I'm likely going to get a typical "well ur just a freetard" response.
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I'm french, and I've seen it unfold, it's maddening. There is no presomption that you are innocent, you don't have the right to access the data that is used to accuse you! The company charged of checking the downloads works in a completely opaque way and obviously turns false positive.
Don't get me started on the basic idiocy of a law that treat customers as robbers. A real comedy of absurdity...
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Your message uses a common method of corporate PR: the false generalisation. A corporation cannot simply say they want something because it makes them richer; that will not persuade anyone. So instead, they find a *general* rule that just happens to fit their *particular* self-serving intention. Then they can leave aside the details that benefit them, and present it as a cause that is good for *all*.
The 'greater good' in this case is the better functioning of the economy. And it is nothing more than a myth. Let us consult Landes and Posner -- hardly anti free-market 'socialists': they are prominent figures in the 'Chicago School' neoclassical economic area -- in a quote from 'The economic structure of intellectual property law' (Conclusion, p422, s3.):
"Economic analysis has come up short of providing either theoretical or empirical grounds for assessing the overall effect of intellectual property law on economic welfare."
To spell it out: *we do not even know whether copyright is doing any good*.
That really rather knocks the bottom out of the sacrificing for the 'greater good' justification.
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its like having your car parked in your driveway, never driving it cause you take your bike most places. Then the police start giving you speeding tickets, you ignore them assuming it's a mistake, when the second one comes you try to figure out whats going on but you realize someone stole your license plate, you tell the police this and they proceed to send you another speeding ticket, take your car, your license and break your kneecaps.
you then realize all they wanted was your money.
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After many calls to the office to straighten it out, we had to go to the office - where we sat in a room and called them on the phone! lol, they must get many angry people in there - turns out it was their mistake: they'd simply taken someone else's word for it that we were moving (!) and this mystery person was taking over our address (!) and why weren't we reading the messages on our bills to that effect (!!!).
We weren't reading them because we weren't moving. Why would we be even looking for such a message?
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Remember, every time we punish an innocent person, a guilty person goes free.
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Actually, from what I've read, it's more like having your car parked in your garage every day, but being unable to figure out how to close the garage door, so hooligans are constantly hotwiring your car and speeding around town in it, and using your driver's license because you left it in the glove compartment like an idiot, and the car gets impounded twice... and you still never bother to figure out how the garage door works, or put a wheel clamp or other security device on the car yourself... and eventually, you get your license revoked.
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(Hint: Its not).
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http: //www.zeropaid.com/news/94625/p0keu-dumps-nearly-300-military-and-government-accounts-to-pastebin/
Easily secure a network LoL
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"You can easily secure your internet connection by disconnecting your wi-fi and figured it out."
You could. I could. Someone less computer literate? Almost certainly not without help.
"It's like getting parking tickets for parking in the same place every day"
That place being your own home.
"Ignorance should not be a acceptable defence in a system with three strikes."
Last time I checked, there's no acceptable defence for morons like you. The accusation is enough to prove "guilt". That's one of the major problems with this type of system.
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I will guess because its not your first time on TechDirt. :)
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"You can easily secure your internet connection by disconnecting your wi-fi and figured it out."
You could. I could. Someone less computer literate? Almost certainly not without help.
"It's like getting parking tickets for parking in the same place every day"
That place being your own home.
"Ignorance should not be a acceptable defence in a system with three strikes."
Last time I checked, there's no acceptable defence for morons like you. The accusation is enough to prove "guilt". That's one of the major problems with this type of system.
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Why not, you seem to be pretty ignorant all the time?
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Victim blamers are fucking shameless.
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If someone commits a murder using my hammer I don't get punished for not locking my garden shed.
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Re: Anonymous Coward
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Are you really that stupid?
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Are you really that stupid?
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Doing so before kicking him off the internet would require work.
Doing it after would prove they were morons, leaving no doubt.
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now as for the article, guess the UN won't be SCREAMING at the france government for violating a persons free speech!
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And of course they didn't check for the material "allegedly" downloaded. You seem to forget that this law is supposed to herald stronger laws censoring internet use, not advocate fair use, nor benefit "we the people"....
Sheeeesh....
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HA! Name *ONE* 'court of law' that doesn't assume guilt to start with now.
Presumption of innocence is a concept that sadly, only exists in small circle now, and most certainly is not present in modern 'justice systems'.
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Translation: he blew it off.
You know there's more to this story than what Masnick wrote, but don't expect to find it on this blog.
Here it's either 100% piracy apologist spin or nothin at all!
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Are you implying that Mike frames things to suit his needs, even if it means not telling the whole story? Never!
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If you consider that pro-piracy spin then you're obviously going to consider anything pro-piracy spin. I take it pro-IP enforcement is a religion for you and you don't bother with things like facts or reality contradicting what you believe.
As for blowing it off, well now, for that you need to actually look at the original article (conveniently linked from the article TechDirt linked). He didn't blow it off, he wrote Hadopi and told them they must be mistaken. After the second one he called them, apparently to get help in making sure his connection was secured. And for the third, the time it claims he downloaded the movie he was in class teaching.
Personally I'm inclined to believe the guy. Guilty people often do loudly proclaim their innocence. But guilty people don't undertake a very expensive lawsuit, that'll even require him to move, just to "clear his name".
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The Wild West of facts and reality will come to an end. Just you wait, freetards.
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Whereas, you just assume that anybody who doesn't lie at feet of your corporate gods and raises the smallest objection to their actions is a piracy apologist. You're pathetic.
"You know there's more to this story than what Masnick wrote, but don't expect to find it on this blog."
Then research it yourself, and educate us. Tell us why we're wrong and what's being withheld. You never do this, all you do is go "you're wrong" and never try to say why, nor offer a. You treat your own opinion as if its the unvarnished, unimpeachable truth, usually looking like a fool while doing so.
"Translation: he blew it off."
That's one possibility. There are many others, most of which don't imply a lack of action on the part of the recipient, depending on how the letter is worded. I notice you don't address the subsequent notices where he responded but got cut off from what's been classified as a human right without due process, despite being innocent of the crimes he's been accused of.
It's also apparently the first person to be "punished" under the law. So, unless he's completely lying out of his ass, a man's human right has been violated based solely on false accusations and this will do nothing at all to help the content industry. In fact, if the guy in question was in the habit of buying legal content online, they've just stopped a paying customer from purchasing their content. Nice job. That doesn't bode well for the future, does it?
I'm not a vindictive person, but I do wish you were personally subjected to the punishments you support for the innocent.
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Wow, my internet's annoying me today with its flakiness so I mistyped. I meant to say "nor offer a workable alternative viewpoint, only accusations and unfounded claims"
Hope I don't get accused of downloading by ACs. I'm only downloading Skype for an interview I have during the week, I'd hate to get cut off because some idiot thinks it's a pirate program.
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And even the drunk driver analogy doesn't work fully, often those with suspended licenses can get a work permit, which allows them to drive from home to work only, so they can still make a living. I don't recall there being any kind of exception to the French three strikes disconnection penalty to allow people to have a limited connection strictly for work purposes.
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It'd be funny if these alleged copyright infringers got banned from going to the entertainment industry's websites or purchasing their content. It would contradict the entire point behind Hadopi - to try to force infringers to pay for all their content.
This is more akin to, "we're going to cut your vocal cords because we don't like what you say," which ignores that you might have non-offending things to say that are important aspects of your life. Getting banned from the internet in an age when a lot of businesses only offer service online is just cruel and unusual punishment, especially when there is no due process.
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Slaves
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France
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And so it begins. Now, who said it'd never happen?
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Re: And so it begins. Now, who said it'd never happen?
For Science!
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"First step toward a solution is to admit the true problem."
Erm, what? Our token protests against the problem aren't working so first we have to admit that the problem exists? WHow does this make any sense?
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Re: And so it begins. Now, who said it'd never happen?
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What does it have to do with France.
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The guy was accused three times!. No one gets accuses three times unless they did it.
/s
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Google is your friend.
1st and 4th bullet point.
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Secure your WiFi
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ttp://www.publicknowledge.org/node/2355
http://en.wikipedia.org/wiki/Human_rights
In some countries such as Estonia,[5] France, [6] Spain,[7] Finland[8] and Greece,[9] Internet access has already been made a human right.
Further information: Right to Internet access
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You sir, are guilty.... now tell someone who cares.
By their logic:
You are not technically savvy enough to stop the unauthorized access so you should be banned from the internet.
You are technically savvy enough to stop the unauthorized access so you MUST be guilt and be banned from the internet.
My first question would be how they came to such a conclusion to even lay accusations? Any form of legal discovery? Invasion of privacy? If it turns out the accusations are not true is their any recourse to recoup any finical losses and personnel embarrassment over the false declaration? If you are able to vindicate yourself is there anything to stop them from harassing you and continuing to accusing you?
Lastly is it possible for me to just buy or create three copyright works by three different companies and then accuses all members of government and employees of related to HADOPI?
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Execution
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The idea of innocent or guilty until proven really does not matter. I find it more interesting that no one outside of HADOPI has ever looked at how this system works and vetted it. We really need to start to demand that the Government stop accepting the media companies claims as 100% proven fact. They distort the truth in reports, that when debunked they refuse to comment on it. They rip off the artists they claim to represent on many levels. We've seen several people involved in these media protection groups facing charges for stealing.
How far do we have to go to prop up a business model?
The answer to the problem is not more laws or special end runs around peoples rights, but for the business model to adapt.
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Two words: Oy Vey
I'm usually quick to criticize the sloth and lethargy with which legislators react to real world issues. I have to say that this time, France has acted to hastily. They clearly didn't think this one through.
Never mind the fact that creating this law implies that the internet is akin to drug dealing (and another 3 strikes rule doing wonders for the U.S prison population), it also warps the idea of what internet enforcement is and should be.
I'm all for governments stepping in and policing child pornography and human trafficking on the internet. But IP matters are a sepreate issue entirely.
Intellectual property rights are private and should not be enforced by the government on behalf of individuals (who are more often than not quite capable of representing themselves). This system is analogous to a drivers license point system. The difference is that on the roads, it is the government (through police) to regulate traffic and punish disobedience. Copyright and trademark holders have always had the burden of policing their own assets. This law is a perversion of that.
Finally, the analogy is still flawed in that a person can ask the court for a special dispensation to use their car for a purpose like work (if they are a delivery person for instance). This law doesn't even have an express provision of that sort.
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If you cannot prevent it then how can you logically enforce it?
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As I stated above, I believe it's the law itself that is so ill conceived that such situations are absolutely inevitable. It's like doing brain surgery with a jackhammer. the sanction prescribed by the law is a harsh one. The fact that there are no fail safes in place to prevent the 54 year old school teacher form losing his internet because he couldn't figure out how to password protect his network is plainly unacceptable. It's a massive affront to the principle of proportionate punishment.
From a point of view, the man was still negligent and through his negligence, an act (or several acts) of infringement occurred. He also should have been a wee bit more perceptive to warnings. Fact is, his behavior was a little dense. But the law is not supposed to punish people for not securing their networks. It's supposed to punish people for copyright infringement. The man did not infringe copyright. He may have enabled someone else to do so but it was done unwittingly.
Ignorance to the law is an inadequate defense. That being said, the sanction has clearly been applied in an inappropriate fashion. The worst part of it is, this precedent will probably encourage more of the same, not less.
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secure computers
Now, as far as ISP's not doing enough to set up routers etc for their customers because they don't want to spend the money... BULL HOCKEY!! They don't have to spend the money because they CHARGE A FEE to come set up the equipment for you, usually in the $99 dollar range. The customer has the option of doing a self installation to avoid having to pay for this. And are these people security pros as well as installation techs? They might know the basics. I've talked to several of them in the past and most of them really don't know much.
Anyway, I'm glad we've got our wonderful big brother protecting us from double plus ungood low to mid-level income retards that can't keep their networks secure!
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Re: secure computers
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use a radio freq meter to detect your router
sniff your packets
spoof one of your mac addresses
and decrypt your key/password/pass phrase
IANAC - I am not a cracker
But I do know there are tools to make all those things easier, a little knowledge goes a long way.
Basically the point is, it can be done, but the likely hood of you being a target is probably minimal unless you are the only game in town or neighbors and still the only radio. Like most people that would steal something in the first place, the easy targets are the ones that would get hit first.
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http://www.tomschaefer.org/web/wordpress/?p=1610
Secondly, you can spoof MAC addresses easily, and since MAC addresses are sent unencrypted, anyone nearby can sniff your network (quite easy to do) when you're home and figure out what MAC addresses you use, then spoof them later:
http://tech.ifelix.net/1024.html
And finally, you can hack WPA/WPA2 to gain access to the network. This is harder than the previous two steps, and if the key is sufficiently long and random enough may be impossible, but still not all that difficult. Since most people don't use a key of sufficient length & complexity to defeat this kind of attack, this is just a time consuming step:
http://www.howtoarchives.com/2009/05/how-to-hack-wpawpa2
Once you're on the network you don't need admin access if you're just wanting to use someone else's connection to hide your downloading movies/music/porn/etc. You just locate their router (easy), sniff their network to find a MAC address to use so you can spoof it (also easy), hack WPA/WPA2 if needed (not quite as easy but not too hard) and voila, you're on their network and any copyright notices will be sent to them.
And that was the result of maybe 5 minutes Googling for info on how to get past the security restrictions you mentioned. I'm far from an expert on this (I don't even use wireless on my home network, I prefer wired connections for both speed and security), someone who's really determined should have an easy time of connecting to your router if they really want to.
This isn't to say doing what you've done is a bad idea, it's just not a guaranteed way of preventing hackers from getting in if they're determined enough. It's a lot like physical security, you're basically making yourself a more difficult target so that the hacker (or burglar for physical security) will pick another, easier target instead. It also deters casual wireless hackers, much as locking your door deters random people from walking in while you're not home.
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Basically, a determined thief might be able to break into Fort Knox, but realistically by putting up enough security, they have stopped the average 12 year old from walking in and picking up gold for free.
A determined hacker will hack, we agree. But that does not preclude anyone from taking the steps that the first poster in this sub-thread described, which would pretty much stop all by a very small percentage of people.
Oh yeah, btw, cloning a mac address is nice, but most routers won't allow the same mac address to appear twice at a time, so if the original computer is still on, there is no hope of a connection that would be functional.
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I would imagine now that people in France are facing possible Internet disconnection for downloading stuff that those wanting to do so are much, much more dedicated to hacking others' wireless access to avoid just such a penalty being applied to them. Kind of a nasty unintended side-effect of the law.
That's easy to overcome, most people don't leave their computers on 24x7, they turn them off when they leave the house (or take them with them). Seeing as the original article even says he was accused of downloading Iron Man 2 for the third strike while he was actually at work teaching it's likely his MAC address wasn't in use at that time.
What I find interesting is no one seems to even be speculating that his computer is infected with malware. That's another way someone could have proxied through his connection for the download, although it'd have been fairly slow unless he has fast upload speeds too. It's definitely possible though. There's just too many ways it could have been someone other than him, disconnection is too harsh a penalty. Not to mention it's silly in cases like this because it's punishing a clueless middle party while the true guilty party gets off without any punishment whatsoever. Is that really going to deter people pirating movies/music/etc? No, it's just going to lead to them framing more and more innocents for it instead.
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Rhetorical Q
Are these laws going to have any kind of deterrent effect?
In the US, there is Jammie Thomas' case along with all the cases where the music industry won Pyrrhic victories.
France seems not to learn from the enforcement angle. All it shows is the government being incredible bullies for monetary interests. So will all of these issues stop piracy? Or will it move it out of the reach of government hands?
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We Are Glad We Don't Live There
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France!
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Doesn't Know How
Guess I was wrong. Ah well.
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Why don't you just point out that he's French, lives in France and may be guillotined: Guilty or innocent.
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Most consumer-grade routers don't use WPA2 as a standard, it's too difficult to set up for some older operating systems. So instead they just use the highly-flawed-easily-circumvented WEP encryption. Encryption that can be taken down in roughly an hour.
And there are MANY more infringers on the internet than there are people who peddle illegal material. I'm waiting for the point where they realize that it's either too easy for someone to point fingers at someone else or the point where they realize that it's too easy for someone to frame another person.
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The person hacking your connection is essentially trespassing. We generally don't prosecute people who are the victim of a trespass.
We may be less apt to award them damages if they didn't lock their doors. However, no judge is going to say that a person shouldn't be indemnified for loss because of they didn't have a complicated or expensive enough lock on the door.
I'm afraid your argument is flawed mon ami.
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He shouldn't be allowed anywhere near a computer, let alone a classroom!
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Now THAT's progress
Us: You're suing children!
Them: This plague of entitlement culture amongst our youth must be stopped at all costs.
Us: You're suing old people!
Them: It's their fault for not disciplining their kids.
Us: You're suing dead people!
Them: Clearly nothing will stop these dastardly individuals for trying to ruin our industry.
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Unsecured WiFi
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