[A2k] the 1709 Blog: Third Strike Struck Out

Manon Ress manon.ress at keionline.org
Tue Jul 9 05:18:50 PDT 2013

Third Strike Struck Out


By decree dated July 8th (yesterday) and published in today's Official
Journal, the French government has severely limited the three-strikes
graduated response scheme put in place to combat P2P piracy.

Article 2 of the decree repeals the provision of the Intellectual Property
Code that allowed a court to suspend a person's internet access for up to
one month where such person had been shown to be negligent in securing his
internet access (so-called "négligence caractérisée").  It will be recalled
that this was the legal concept introduced by the HADOPI laws in reference
to the internet subscriber and his liability irrespective of the identity
of the actual copyright infringer.

It should however be pointed out that this decree does not appear to affect
the court's power to order internet suspension (for up to one year) as a
complementary penalty for those who are actually guilty of copyright

Manon Ress, Knowledge Ecology International, KEI
manon.ress at keionline.org, tel.: +1 202 332 2670
KEI is a not for profit non governmental organization that searches for
better outcomes, including new solutions, to the management of knowledge
resources. KEI is focused on social justice, particularly for the most
vulnerable populations, including low-income persons and marginalized

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