One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net

from the equal-before-the-law dept

Fri, Feb 24th 2012 12:56pm — Glyn Moody

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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Filed Under: copyright, france, hadopi
Companies: hadopi

46 Comments

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jupiterkansas (profile), 24 Feb 2012 @ 1:16pm

Unless HADOPI serves itself a warning, they can infringe all they want. They're above the law.
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:Lobo Santo (profile), 24 Feb 2012 @ 1:20pm

Re: Legate
One could argue: if the party to which a warning is to be served is oneself, the written/verbal portion is unnecessary as the recipient is, without doubt, fully aware of the actions and consequences said warning is intended to convey...
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hothmonster, 24 Feb 2012 @ 1:20pm

Re:
Je suis la loi!

http://www.youtube.com/watch?v=NL82qbvDHD4&feature=related
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The eejit (profile), 24 Feb 2012 @ 1:21pm

But then it must tdo business with old-fashioned phone lines!

WON'T SOMEONE PLEASE THINK OF THOSE POOR, ABUSED PHONE LINES!!!
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Machin Shin (profile), 24 Feb 2012 @ 1:23pm

So I guess if they slip up again and don't turn themselves over to prosecution then those who are prosecuted can just use that in their defense. Makes perfect sense to me.
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hfbs (profile), 24 Feb 2012 @ 1:28pm

You know.. I want them to infringe another time, just to see what they'd do. But I think I can guess - they'll say 'ahh, but we don't pirate stuff, which is what we meant when we introduced this law' and they'll just carry on as usual, giving strikes against people that make the same mistakes they did and you can bet your bottom dollar, when they get 3 strikes, they're outta here.

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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gorehound (profile), 24 Feb 2012 @ 1:30pm

Hahahaha !!! But unfoirtunately in this case it will be a 3 Strikes your not out deal.
They are of course above the law.
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Vic, 24 Feb 2012 @ 1:37pm

Oh, c'mon Glyn, they are the "good guys"! They are no "stinking pirates", whatever they do - it can't be wrong...
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HADOPI, 24 Feb 2012 @ 1:40pm

plebs: do as i say, not as i do

if there was a country to revolt, i expect it to be france
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Anonymous Coward, 24 Feb 2012 @ 1:46pm

Re:
What is this "dial-up" you speak of?
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Anonymous Coward, 24 Feb 2012 @ 1:49pm

Oh Glyn... you try so hard.

What have you pirated this week? Movies? Software?
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Anonymous Coward, 24 Feb 2012 @ 1:52pm

Re:
I think he copied your brain. It fit on a floppy disk.
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Gwiz (profile), 24 Feb 2012 @ 1:59pm

Re:
Oh Glyn... you try so hard.

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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TDR, 24 Feb 2012 @ 2:06pm

Re:
To paraphrase Kryten:

"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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RonKaminsky (profile), 24 Feb 2012 @ 2:07pm

Unwaivable "rights"
> 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.)

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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Blatant Coward (profile), 24 Feb 2012 @ 2:10pm

Re: Re:
Sacred Blue!
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Mike42 (profile), 24 Feb 2012 @ 2:12pm

Re: Re:
Low density, single sided.

Burn!

Later, Masters of the Universe is about to come on...
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hfbs (profile), 24 Feb 2012 @ 2:13pm

Re:
I pirated a few films and Mobys latest album this week.

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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Hephaestus (profile), 24 Feb 2012 @ 2:20pm

Re: Re:
Dude, on a good day, four heads or tails coins is all you need for his mind.
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Anonymous Coward, 24 Feb 2012 @ 2:29pm

Re: Re: Re:
Monie dew!
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Anonymous Coward, 24 Feb 2012 @ 2:30pm

They'll use the same arguments all the name calling anti-freetards idiots and say it doesn't apply to them, or apply some magical unicorn RIAA accounting that doesn't count what they did as strikes.
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Ilfar, 24 Feb 2012 @ 2:34pm

Re: Re:
DeeedeeedeeedeeedooodedoodrrkssssshhhhHSSSSSHHHHHHshhhhhhh!
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Baldaur Regis (profile), 24 Feb 2012 @ 2:36pm

The law applies to one and all...
...except on the planet Hadopi, where bold knights riding unicorns vanquish filthy pirates by the clever use of insults and baguettes.

Meanwhile, back on Earth, HADOPI shrugs and says "No comment, and you can quote me on that."
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Anonymous Coward, 24 Feb 2012 @ 2:49pm

HADOPI only applies to infringement through electronic communications services. Warnings are initiated from a complaint by the copyright holder. A second warning must come within 6 months of the first. A third warning must come within 1 year of the second.

How strong can a claim be if one has to rely on arguments that have no basis in reality?
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Anonymous Coward, 24 Feb 2012 @ 3:58pm

Re:
Ah yes, just ignore the hypocrisy and focus on the semantics. That's the way to go.
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Anonymous Coward, 24 Feb 2012 @ 4:59pm

Re: The law applies to one and all...
A free baguette every time I pirate something? I want to move to planet Hadopi.
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Watchit (profile), 24 Feb 2012 @ 8:29pm

Re: Re:
maybe the poor troll is sick?
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Watchit (profile), 24 Feb 2012 @ 8:31pm

Re: Re: The law applies to one and all...
Forget the baguette! UNICORNS!!!! XD
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MahaliaShere (profile), 24 Feb 2012 @ 8:44pm

Re: Re:
+1 Dwarfer
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MahaliaShere (profile), 24 Feb 2012 @ 8:45pm

Re: Re: Re:
Yeah, sick from being fed too much.
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Anonymous Coward, 24 Feb 2012 @ 8:50pm

Re: Re:
Unlike some on here, I have a life.

Unlike Glyn's, it's not dedicated to trying to justify my illegal online activities.
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DC, 25 Feb 2012 @ 12:11am

Re:
So you support the entire HADOPI organization being disconnected from the internet they next time they infringe on copyright?
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DC, 25 Feb 2012 @ 12:20am

Re:
and why would anyone be hesitant to complain to a powerful government entity? Don't know, lobbyists seem to get that access all the time.

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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Julia Childish, 25 Feb 2012 @ 3:58am

Re: Re: Re: Re:
Merde!!!
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God, 25 Feb 2012 @ 4:04am

Re:
The French are revolting.
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The Logician (profile), 25 Feb 2012 @ 7:16am

Re: Re: Re:
And unlike you, AC 31, most of us here know the difference between an unethical law and an ethical one. And that it's not wrong to oppose and ignore an unethical law. Which copyright law has become.
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Anonymous Coward, 25 Feb 2012 @ 8:50am

Re: Re:
shhhh...they'll hear you!
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Anonymous Coward, 25 Feb 2012 @ 12:11pm

Re: Re: Re:
You spend the most time on here. Unlike most, you have no life. You're entire time is spent spamming techdirt. You are by far the most pathetic troll I have ever seen.
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Anonymous Coward, 25 Feb 2012 @ 8:58pm

Re: Re: Re: Re:
He's getting paid for it.

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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Niall (profile), 27 Feb 2012 @ 5:35am

Re: Re: Re:
Are those 'special' ones that have identical heads and tails?
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Anonymous Coward, 27 Feb 2012 @ 12:50pm

Re: The law applies to one and all...
Better keep it down guys, or they will taunt us a second time...
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Nathanael, 27 Feb 2012 @ 3:39pm

Mandamus?
HADOPI has committed two electronic infringments. Let's hope the copyright holders in the fonts and paintings make a point of sending the requisite notices to HADOPI. Then the third one, which will happen, no doubt.

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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Anonymous Coward, 4 Mar 2012 @ 10:45pm

Re: Re:
Except, as I explained, there is no hypocrisy. Learn what "semantics" means. Until then, nice try.
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Anonymous Coward, 4 Mar 2012 @ 10:50pm

Re: Re:
and why would anyone be hesitant to complain to a powerful government entity? Don't know, lobbyists seem to get that access all the time.

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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Anonymous Coward, 4 Mar 2012 @ 10:53pm

Re: Mandamus?
Except under HADOPI, the second infringement must come within 6 months of the first, and the third must come within one year of the second.

That seems reasonable to me, unless you want the law to be more strict than it is written.
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