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Hadopi 2: The French Senate introduces penalties for "negligent"

Published: July 7, 2009. Last modified: July 7, 2009.

After the rejection of the so-called law Hadopi (Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet) by the French Constitutional Council less than a month ago, the French government changed the law in recent days and the Culture Committee of the Senate France has adopted several amendments (namely 15 amendments ) for the new bill.

The new bill provides, first, that a judge will decide the penalties for those found illegally downloading works (movies, songs, etc..) Protected by copyright and no more than an administrative authority as provided above the law . This was one of the objections of the Constitutional Council prior to the French law.

In addition to those which will be shown to have illegally downloaded copyright-protected works may be disconnected from the internet for a maximum period of one year .

The main innovation introduced states that the holder of the subscription through the internet which was downloaded illegally even if he did not download illegally would still be punished by a fine of 1,500 euro and a suspension of access to the Internet to the maximum a month. This penalty will be imposed on the owner "negligently" access to the Internet that has not protected his Hadopi connection after receiving the communication through that access to the internet had been illegally downloaded works protected by copyright. If the holder access to the Internet sanctioned tried to log off a new subscription with another operator would be sanctioned with a further fine of 3750 euro (previously provided € 20,000 in fines and up to two years in prison.)

Once issued the sentence "unplugging" the providers have 15 days to comply and disconnect the user. Otherwise, the provider faces a fine of 5,000 euro.

The text will be considered by the Senate on 8 and 9 July and will then examine the House July 20. In case of approval could be sought again the French Constitutional Council.

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