One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net
from the equal-before-the-law dept
The governmental body that oversees France's "three-strikes" law, HADOPI, has already been caught once infringing on the copyright of others -- by using a logo designed with unlicensed fonts. Now it's been spotted using photographs without respecting the so-called "moral rights" of the photographer, which include the right to attribution (French original), absent on HADOPI's site. Such moral rights are taken very seriously in France, where they are automatic, perpetual and cannot be waived (unlike in some other jurisdictions, such as the United Kingdom.)
As with the earlier slip, the current example shows just how easy it is for someone to infringe on copyrights through error or oversight. Of course, HADOPI doesn't accept either excuse when it's a matter of sending out its famous warnings, or disconnecting people from the Net. So, in the spirit of fairness, it would be unjust to grant itself any leeway either.
That makes two strikes against it so far; let's hope it's more careful in the future, or it will obviously be forced to cut off its own Internet connection to set an example to the rest of France.
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Re: Legate
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http://www.youtube.com/watch?v=NL82qbvDHD4&feature=related
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WON'T SOMEONE PLEASE THINK OF THOSE POOR, ABUSED PHONE LINES!!!
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Long story short - HADOPI will hold itself above the law. I hope you Frenchies are up for some more protests :D
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They are of course above the law.
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if there was a country to revolt, i expect it to be france
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Re:
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What have you pirated this week? Movies? Software?
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Burn!
Later, Masters of the Universe is about to come on...
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What have you pirated this week? Movies? Software?
You're late today.
You usually get in your "This is just piracy justification from Glyn" comment within a few minutes time and it's taken you almost an hour today.
You feeling OK? Should we be worried about you?
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Unlike Glyn's, it's not dedicated to trying to justify my illegal online activities.
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I'd do it myself if I thought putting "Stupid ass shill bitch" on my resume would have any chance of getting me my next job.
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"That was an important speech, AC 11, and it needed to be made. Might I suggest, however, that all further contributions to this discussion be made by those with brains larger than a grape?"
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HADOPI has infringed copyright twice and by their own laws, have one chance left.
I fail to see how these two sentences are related (also, use-mention distinction).
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Unwaivable "rights"
> they are automatic, perpetual and cannot be waived (unlike
> in some other jurisdictions, such as the United Kingdom.)
Oh, even in the UK you have unwaivable rights --- for example, the right of an artist to get resale royalties on his paintings is "unalienable" in the UK.
What I find absurd about such "rights" is that by codifying them, the governments are stripping at least one other "right" from creators --- the right to give one's creations away to someone else or to the general public, with no strings attached. For many creators in the modern era, this right is much more important.
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The law applies to one and all...
Meanwhile, back on Earth, HADOPI shrugs and says "No comment, and you can quote me on that."
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Re: The law applies to one and all...
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Re: The law applies to one and all...
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How strong can a claim be if one has to rely on arguments that have no basis in reality?
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Really, your arguments for locking up culture and criminalizing the populace are just disgusting.
Pick a handle (alias) and let us know who you are .. oh .. right ... that would demonstrate that there are not thousands of ACs clamoring for ever more stringent IP protection.
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Who said anything about hesitating to complain to government?
Really, your arguments for locking up culture and criminalizing the populace are just disgusting.
Who said anything about locking up culture or criminalizing the populace? I didn't.
Pick a handle (alias) and let us know who you are .. oh .. right ... that would demonstrate that there are not thousands of ACs clamoring for ever more stringent IP protection.
Paranoid much? Truth isn't decided democratically. I'm sorry you think it is.
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Mandamus?
After that, it's just a matter of a private lawsuit to force the government to do what it is required by law to do. I remember the name for this in Anglo-American law -- "mandamus" -- but I don't know the equivalent under French law, though I do know that there *is* one.
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Re: Mandamus?
That seems reasonable to me, unless you want the law to be more strict than it is written.
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