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French Assembly Adopts 3-Strikes Bill

timothy posted more than 5 years ago | from the what-does-the-academy-think-of-baseball-metaphors? dept.

The Courts 343

An anonymous reader writes "After lots of turmoil, including a surprise rejection and a European amendment against it, Sarkozy's 3 strikes law has just been passed by the French Assembly [in French]: 'The first warning mails ... should be sent in the coming fall. In case of second offenders, the first disconnections should start beginning 2010.'"

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The French are in Full Retreat (1, Insightful)

Anonymous Coward | more than 5 years ago | (#27923299)

The French are in full retreat fleeing from freedom as fast as they can.

Fucking surrender monkeys...

Re:The French are in Full Retreat (1, Informative)

Anonymous Coward | more than 5 years ago | (#27923365)

I guess its easier to just take away all rights. Then all you have to do is support prisons. Easier to make sure no one breaks the rules if they are in a cell all day. We should just imprison the planet and be done with it. So much easier to manage.

Re:The French are in Full Retreat (3, Insightful)

gringofrijolero (1489395) | more than 5 years ago | (#27923675)

We should just imprison the planet and be done with it.

What makes you think we haven't? How far can you go without a passport?

Re:The French are in Full Retreat (2, Insightful)

Anonymous Coward | more than 5 years ago | (#27923893)

As near as I can tell, using only a car, I can go 6,121 km without needing to bring a passport. Seeing as it is before June I could probably make it to the south of Mexico which would stretch it a fair bit further but either way seeing as the distance I could travel in a cell is measured in feet I don't think it matters much. Why don't you go live in a cell while I drive cross country and see who has more fun.

Re:The French are in Full Retreat (0)

Anonymous Coward | more than 5 years ago | (#27923957)

about 1000 miles west, 3000 miles east, 200 miles south, or 2500 miles north.

Re:The French are in Full Retreat (4, Insightful)

MrMr (219533) | more than 5 years ago | (#27923913)

Which country has incarcerated the largest fraction of its population?

Re:The French are in Full Retreat (-1, Troll)

Jurily (900488) | more than 5 years ago | (#27924059)

Which country has incarcerated the largest fraction of its population?

Umm. Germany?

Re:The French are in Full Retreat (5, Insightful)

varcher (156670) | more than 5 years ago | (#27924077)

The french presidential majority, you mean. Don't mistake the french with their politicians, or we could all think you're clones of G.W. Bush :)

The major problem of the 3-strike law is that it's a read-guard action that does essentially nothing (at worst) and completely ignores economic forces (at best).

30 years ago, in 1979, if I wanted to get a permanent copy of some content - say, a novel -, I would have to purchase a bunch of paper, some inks, find the appropriate tools (thank god, Xerox already existed), spend a couple hours preparing stuff, and would end with my copy of the novel. At the same time, a professional content copier - which I would call, say, a printer - would purchase paper at a discount compared to me, inks the same, have the tools ready for use, spend 1/1000th of the time I did per copy. Requiring the services of a professional content duplicator to make my copy of some content made economical sense.

Today, making a copy of some content involves about a milliwatt or so of electricity, a tool I already have, and 5s of my index or middle finger to do copy/paste. Using a professional content duplicator to make a copy of some content is an economically non-viable proposition, no matter how you turn around things. You cannot justify charging 15$ to make a DVD copy of a movie when I can make the same copy, at the same quality level, for one cent. And when I purchase your DVD, from my point of view, I am paying somebody 15$ for making a copy for me. That's good, if your DVD is a luxury item. But for a common economy good? Not working.

The profession of content duplicator is dead. Or dying. Like any profession that is no longer economically justified, it will go, like the hordes of people who slaved at hand looms to make cloths when Mr. Jacquart came with his automatic looms. They yelled, they ranted, they ran into the streets (hmmm, how many popular showings of movie industry people have we seen in the streets so far?). And in the end, they went, for no one would pay triple or worse prices for the same product.

The entire content industry is running in circles because, for good or worse, they all have hitched their cart to the profession of content duplicator. We still need people to create content (we call them artists). We still need businesses to find "good" content creators from the masses and advertise this content (we call them editors). We still need businesses to take the raw content, polish it, make sure it's well done (we call them producers). We even need business to deliver that content to us (we used to call them retail chains). What we no longer need is content duplicators. However, the whole content industry has decided (well, evolved) around the content duplicator. Why else are artists paid by the copy, if not because they use the content duplicator as the driver of their revenue. Everyone else in the industry does. Steve Jobs knew it when he was asked if he favored Blu-ray or HD-DVD: he said it didn't matter, because the idea of making expensive copies of content was already dying.

With that profession dying, they need to find out new methods of doing those services, and get paid. One segment of the content industry has already found it: the distributors. The guys who are delivering the content to the consumers are already there; they're called ISPs, and they charge people for the delivery of content - any content - and they're happy. They don't care if the content is subcription-based TV, iTunes songs, web pages, or BitTorrent P2P streams. They have found out the new business model of content delivery, and they're ready for the 21st century. The rest of the content profession still hasn't figured out, or, in the case of the old delivery channels will be dead. As usual when business models change, most of the old business go titsup and new business appear instead - only rarely will an existing business figure out it needs changing, figure out how it will change, and do it.

And when they have figured out how to live without the content duplicators, then HADOPI will become like all those laws that require you to keep your riding crop in hand when crossing another vehicle: something that's completely irrelevant.

How much did it pay? (5, Insightful)

Spatial (1235392) | more than 5 years ago | (#27923343)

We all know it wasn't decided on merit.

Re:How much did it pay? (0)

Anonymous Coward | more than 5 years ago | (#27923359)

Calling "them" "it" is an interesting way to put it.

A better question is... (5, Insightful)

Anonymous Coward | more than 5 years ago | (#27923395)

How long until offenders start using the easily accessible encryption to avoid losing their connections? This will effectively make it harder for rights holders who have legitimate claims to go after offenders.

Whenever you pull the pendulum in one direction, it always swings back in the other one.

Re:A better question is... (4, Insightful)

calmofthestorm (1344385) | more than 5 years ago | (#27923661)

Tell me more about this encryption, and who I buy to outlaw it.

Is this a time to whip out terrorism? Muslims invasion of our culture? Or perhaps child pornography or French culture is the way to go this time.

Re:A better question is... (4, Insightful)

El Jynx (548908) | more than 5 years ago | (#27923799)

Encryption has some nasty surprises: you can easily maintain an I-didn't-do-it or I-didn't-know-it level of innocence. This is going to give P2P encryption techniques as well as anonymisation networks a HUGE boost. A LOT of french programmers are going to be quite pissed off, and rightly so.

Oh man, do I want to do a rant against the French right now. But it'll be allright, just another felix culpa. Die gedänken sind frei, plagiarism is built into nature and the French politicians are swimming upstream; they'll tire sooner or later. Unfortunately this will mean that some families will start using iTunes stores and such, and no doubt the Big Four will take and twist those statistics into an I-Told-You-So.

Re:A better question is... (0)

Anonymous Coward | more than 5 years ago | (#27923919)

Child pornography is the killer argument in Europe these days. Use that.

Re:A better question is... (1)

CODiNE (27417) | more than 5 years ago | (#27923691)

Then they outlaw encryption without a license.

Re:A better question is... (1)

Jurily (900488) | more than 5 years ago | (#27924095)

Whenever you pull the pendulum in one direction, it always swings back in the other one.

Or they could just make a law against encryption, like some countries did against owning big amounts of gold after they left the gold standard.

Re:How much did it pay? (5, Funny)

ionix5891 (1228718) | more than 5 years ago | (#27923481)

In Soviet France Freedom Fries youz?

Re:How much did it pay? (4, Funny)

commodore64_love (1445365) | more than 5 years ago | (#27923579)

I prefer "pommes frites". It sounds sexier.

Re:How much did it pay? (1)

Vu1turEMaN (1270774) | more than 5 years ago | (#27923659)

And this is why I wanna move down south and get sweet potato fries, cause the damn soviets would never eat those....

Does France even have baseball? (1)

Omega (1602) | more than 5 years ago | (#27923547)

Really, I want to know. I know it's the "American Pasttime" but is the metaphor of "three strikes" even used there?

Re:Does France even have baseball? (3, Informative)

ArsonSmith (13997) | more than 5 years ago | (#27923703)

Of course they have it there. They don't call it the "World Series" because it's limited to the Americas~.

Re:Does France even have baseball? (1)

whargoul (932206) | more than 5 years ago | (#27924145)

They don't call it the "World Series" because it's limited to the Americas~.

Of course we would, our arrogance knows no bounds.

Re:Does France even have baseball? (0)

Anonymous Coward | more than 5 years ago | (#27923955)

To answer your question, no the French don't call it "three strikes" and aren't interested in baseball.

Re:Does France even have baseball? (1)

geekprime (969454) | more than 5 years ago | (#27924023)

No, in the US to date the content companies WANT 3 strikes laws but none of the state legislators have been bribed enough to pass a law that will be struck down by the courts anyway.

Re:Does France even have baseball? (0)

Anonymous Coward | more than 5 years ago | (#27924157)

Nope, not even a little bit. They wouldn't know a pop fly from a shortstop.

Re:How much did it pay? (-1, Flamebait)

cliffski (65094) | more than 5 years ago | (#27924081)

Ah, because if a dozen slashdot free-software zealots don't want a bill passed, it MUST be opposed by 99% of humanity right?

dream on (0)

Anonymous Coward | more than 5 years ago | (#27923381)

un-workable

Sarkozy (4, Insightful)

Krneki (1192201) | more than 5 years ago | (#27923435)

I hope the Internet era will put a stop to this type of politicans.

I can't wait to see how this thing blows in his face.

Re:Sarkozy (1)

Quiet_Desperation (858215) | more than 5 years ago | (#27923453)

I can't wait to see how this thing blows in his face.

Eeeeew! I can wait. Bleah.

Re:Sarkozy (4, Funny)

commodore64_love (1445365) | more than 5 years ago | (#27923663)

I don't understand the appeal of *those* kinds of videos. Ick. Nevertheless I will defend to the death your right to free speech and free viewing of them.

Re:Sarkozy (4, Funny)

oldhack (1037484) | more than 5 years ago | (#27923775)

To whose death?

Re:Sarkozy (0)

Anonymous Coward | more than 5 years ago | (#27923513)

^^Unfortunately it will help increase the number of assholes like Sarkozy.

AFAIK, there does not exist a better medium than the internet to talk down to a greater number of sheeple.

Obama (0, Offtopic)

Shivetya (243324) | more than 5 years ago | (#27923593)

Sorry, same thing happened here. Going to borrow 50 cents for every dollar we spend this year. Having RIAA lawyers everywhere. Having tax cheats in office.

I think you overestimate the benefit of the internet. If anything it shows that people are even more ignorant than we believed possible. After all, if its on the internet it must be true. A place where anyone can make up a trusted sounding name and follow whatever agenda they want and claim to be purveyors of fact but simply slant based on omission of fact.

Re:Obama (1)

Krneki (1192201) | more than 5 years ago | (#27923621)

This is only the beggining. Now we can see all the problems quicker and faster. Once we build better web pages we can finaly start to fix some problems.

Re:Obama (0)

Anonymous Coward | more than 5 years ago | (#27923963)

For the last 3 years running, consumers borrowed more than they made. I don't see how Obama borrowing 50 cents on every dollar spent, is worse than that - and I'm glad the credit card companies are starting to strangle themselves. No one deserves it more, except maybe investment banks and insurance companies.

As a nation we are still not talking about the problems in quite the right context - instead focusing on government revenue/expenditure. The problem is in the lay of the distribution of wealth - the discussion of a fix should center on how to fairly re-distribute it. And for the record, in recent decades wealth has been re-distributed (despite tired rhetoric) in a particular direction - toward those that already have a disproportionate amount of existing wealth.

When we start talking about fair living wages (increase the minimum wage), and caps on CEO compensation (total compensation, not their salaries - most of us don't even understand the difference there), that's when we'll be getting at the right problem.

It's our entire system of compensation, farm field workers and janitors through CEOs and corporate boards and related decision making around compensation that needs an overhaul - government's source of income (revenue) and social programs (expenditures) are a smaller problem.

Re:Obama (1)

Touvan (868256) | more than 5 years ago | (#27923977)

Doh! I didn't log in first...

Re:Sarkozy (0, Troll)

moxley (895517) | more than 5 years ago | (#27923733)

I heard Sarkozy really likes "things blowing in his face."

(if by "things" you mean dudes).

This act certainly would seem to confirm that.

Re:Sarkozy (1)

Metasquares (555685) | more than 5 years ago | (#27923853)

The (mainstream) Internet Era has been around for some 15 years now and it hasn't yet.

Re:Sarkozy (1)

Krneki (1192201) | more than 5 years ago | (#27923923)

When the Internet was born I was there, hell I even saw his parents trying to connect us all.

We just need to bring everyone online.

Re:Sarkozy (1)

heatseeker_around (1246024) | more than 5 years ago | (#27923943)

I don't know if you are French or if you follow French politics, but you should understand that right now, no one can be trust in French politics. No one on the right, no one on the left, no one on the center.

And if no one emerges before 2012, even if laws like this one are passed, the day people will have to vote, they will vote for the less damageable person for the country with experiences in economy and immigration.
If the socialist party gives us a Royal choice, we will have little Napoleon again.

And do not forget that a lot of people don't care at all about this law. A lot of politicians too. Don't be fooled by the simile debates you saw at the Parliament. a lot of the left politicians against this law were in fact only against the government. They don't care and will not care about this effect of this law unless the people goes out in the street...
Good luck to persuade people of the danger of this law. The syndicates are not impressed: they will do nothing and in 2012, everything will be forgotten.

Re:Sarkozy (1)

Krneki (1192201) | more than 5 years ago | (#27924043)

And this is why I respect the EU. Finaly someone above the stupid local politicians bringing some sense in this world.

internet only services? (5, Insightful)

Anonymous Coward | more than 5 years ago | (#27923443)

With more and more gov services being available on the internet, does that mean that those disconnected won't be able to use said services?

Re:internet only services? (1)

stephanruby (542433) | more than 5 years ago | (#27923693)

That's right. The people disconnected will have to go check-in with their unemployment office in person. Everyone else will do it online.

Re:internet only services? (1)

twidarkling (1537077) | more than 5 years ago | (#27923997)

You are aware that there's a lot of offices (apparently California in particular) that won't do anything in person, anymore? And with the EU being usually more socialist than anywhere in the US, I can't see that being reasonably different.

Re:internet only services? (1)

twidarkling (1537077) | more than 5 years ago | (#27924017)

Sorry, just remembered, also, a majority of British unemployment offices are particularly bad for that, just to add to my point.

Re:internet only services? (1)

gringofrijolero (1489395) | more than 5 years ago | (#27924009)

It's a great marketing opportunity for government authorized, or franchised internet cafes. Just swipe your government approved ID card, and instant access. Please, stay where you are. We'd like to have a talk with you. Please make your passwords available upon request. This is just routine...

Vive La Nation (5, Funny)

berenixium (920883) | more than 5 years ago | (#27923455)

After months of bullying and sneakiness, he finally got it through, and well done.

But I won't feel much sympathy when the cut-off peasants storm his gates holding pitchforks, hot pokers and rope.

Re:Vive La Nation (4, Interesting)

discord5 (798235) | more than 5 years ago | (#27923761)

But I won't feel much sympathy when the cut-off peasants storm his gates holding pitchforks, hot pokers and rope.

Entertaining as the thought might be, both you and I know that this won't happen. The worst that will happen is another few cars getting lit up, which gives him another excuse to "get tough on crime".

It might be interesting to note that in the UK a similar proposal [bbc.co.uk] is rearing its ugly head, and ISPs are "opposing" [bbc.co.uk] it, although ulterior motives are more likely to be the true reason, as found in the bottom of the article:

He said that ISPs might be willing to consider a graduated response to tackling piracy if content providers were willing to pay distribution fees to ISPs.

The rough translation of that sentence reads as "It's not really our problem, unless you pay us to make it our problem."

I think the next couple of years are going to be interesting at the very least to see what our lawmakers are going to cook up to monitor our activities (if the whole ordeal doesn't get outsourced to the private sector), and more interesting will be the creative ways around those systems.

Re:Vive La Nation (1)

SailorSpork (1080153) | more than 5 years ago | (#27923779)

But I won't feel much sympathy when the cut-off peasants storm his gates holding pitchforks, hot pokers and rope.

You mean old motherboards with pointy edges, unshielded power supplies and LAN cables?

tit for tat (5, Interesting)

Anonymous Coward | more than 5 years ago | (#27923465)

Don't you just wish that polititions were subject to three strikes too? Get caught three times in a lie, or claiming invalid expenses, or outright graft, and you get a life time ban on holding any political office ( or lobbying ), don't pass go, don't collect any of your pensions, just get the f*ck out of here.

Re:tit for tat (4, Insightful)

twidarkling (1537077) | more than 5 years ago | (#27923641)

How about jail for incorrect expenses and graft 3 times. That's more than a mistake, that's fraud. Yet politicians get away with this shit way too often, regardless of country. Can anyone name a politician that was even *fired* for it, let alone charged? They're all allowed to resign, step down, or otherwise voluntarily leave office. I think that's wrong. Most jobs, you're caught pulling that stuff, you're escorted out of the building.

Re:tit for tat (1)

PeeAitchPee (712652) | more than 5 years ago | (#27923879)

No . . . just one time should be enough.

Re:tit for tat (1)

Archangel Michael (180766) | more than 5 years ago | (#27923945)

YES!!!

Then we wouldn't have any politicians.

Sounds great actually, doesn't it?

France vs. EU (5, Insightful)

DoofusOfDeath (636671) | more than 5 years ago | (#27923471)

So is this France's rejection of EU sovereignty in these matters?

And if so, will consequences might France experience for rejecting an EU ruling?

Re:France vs. EU (0, Flamebait)

commodore64_love (1445365) | more than 5 years ago | (#27923617)

The EU army will declare martial law and march on France, same way the U.S. army marched on the rebellious southern states circa 1863. That's how a central government gains ultimate authority over its member states. Through force.

Re:France vs. EU (4, Informative)

Anonymous Coward | more than 5 years ago | (#27923739)

There is no such thing as "The EU Army". The EU is more like a council of countries and is nowhere near a central government. Yet.

Re:France vs. EU (0)

Anonymous Coward | more than 5 years ago | (#27923817)

WHOOSH.

Re:France vs. EU (0)

Anonymous Coward | more than 5 years ago | (#27923895)

so the eu is going to have a kid with a g-3 walk over from germany and overthrow the entire country? wow. that was easy.

Re:France vs. EU (5, Insightful)

varcher (156670) | more than 5 years ago | (#27923649)

The consequences will be simple, and depends on how fast the Telecom pack legislation passes in Europe

1) The Conseil Constitutionnel gets mandated to have a look at the law, and the Telecom pack is already there. It will throw the HADOEPI law back to the parliament as incompatible with the EU legislation, and hence invalid. And it's all much ado about nothing.

2) The telecom pack gets delayed, and the law proceeds without major challenge (the selfsame Conseil might also invalidate the law as being incompatible with key elements of the french constitution itself, go to step 1). The telecom goes in force, and France gets X years to put his legislation back into conformance (i.e. geld the HADOEPI's extra-judicial powers) or face punitive damages.

3) The Telecom pack gets brute forced AGAINST the wishes of the european parliament, which will simply demonstrate to all europeans that EU isn't a democratic institution, and needs bigger reforms than the last treaty, and the french presidential lobby is happy, and can wield a big ban stick to cover their abnormal business model based on luxury-levels professional content duplication (in an era where anyone can duplicate any content for less than an euro cent, paying any service to create a copy of a content for you is an economic aberration)

Re:France vs. EU (2, Informative)

MrMr (219533) | more than 5 years ago | (#27924021)

The EU parliament has reverted the proposal to the secret meetings where the first version was created. At the moment there is therefore no EU rule to reject, and everybody can make up legislation for the highest bidder as usual.

It's too bad (2, Insightful)

Anonymous Coward | more than 5 years ago | (#27923487)

Sarkozy was elected. Seems to be the worst thing to happen to France in a long time.

Re:It's too bad (2, Funny)

elashish14 (1302231) | more than 5 years ago | (#27923769)

Indeed, worse than World War II even.

Note the careful evasion of Godwin's Rule.

Sad. (5, Funny)

Tikkun (992269) | more than 5 years ago | (#27923495)

We've built a network designed to share information across vast distances very cheaply. This is a very good thing.

Being able to share your movies with people across a continent the same way you would in your living room is a feature.
Allowing people to share books with one another and learn from them is a feature.
Letting people remix content from artists and share it with the world is a feature.

Telling people they cannot speak, read, listen or watch because they're part of the future and not part of the past is a bug.

Dispute resolution? (1)

javacowboy (222023) | more than 5 years ago | (#27923501)

I didn't RTFA.

Is there a dispute resolution mechanism if I happen to be a Frenchman who's been falsely accused three times (I'm not French, and I haven't been accused of filesharing, I'm just curious).

Re:Dispute resolution? (4, Insightful)

Colonel Korn (1258968) | more than 5 years ago | (#27923697)

I didn't RTFA.

Is there a dispute resolution mechanism if I happen to be a Frenchman who's been falsely accused three times (I'm not French, and I haven't been accused of filesharing, I'm just curious).

You could take it to the courts, but AFAIK there's no built-in tribunal for disputes. You might have trouble once you're there, since the law gives authority to cut your connection after three accusations by the industry, not three proven cases of infringement. If, for instance, you were to write publicly about the issue in a critical tone, the industry could say, "I don't like you" three times fast and you'd be disconnected with no clear means of recourse. They don't even have to tell you you've been accused - the warning notes are optional.

Re:Dispute resolution? (1)

javacowboy (222023) | more than 5 years ago | (#27924065)

You could take it to the courts, but AFAIK there's no built-in tribunal for disputes. You might have trouble once you're there, since the law gives authority to cut your connection after three accusations by the industry, not three proven cases of infringement. If, for instance, you were to write publicly about the issue in a critical tone, the industry could say, "I don't like you" three times fast and you'd be disconnected with no clear means of recourse. They don't even have to tell you you've been accused - the warning notes are optional.

So basically, I could:

1) Write a really bad poem in a text file called HOT_PORN.txt.
2) See to it that said text file is on a shared folder of a P2P program that logs whatever files are uploaded (ex LimeWire).
3) Run P2P program for a few minutes and ensure that file is downloaded.
4) Accuse the person with that IP address of ripping off my file 3 times.
5) Profit!

Oooops, I forgot, I'm not a major corporation, so I guess the law doesn't work in my favour.

Re:Dispute resolution? (0)

Anonymous Coward | more than 5 years ago | (#27923735)

The only way to prove you are innocent is to install a spy software on your computer that would report if you have shared copyrighted material or not (yes, that's insane). So if you use linux for instance, it is dead for you. The commission will have less than 1 minute to decide to take down someone's line. There is no contradictory procedure. You are assumed guilty from the beginning unless proven innocent. See the debates about the law at the Assembly, the minister and the reporter of the law do not have a clue how computers works. That's pathetic.

Re:Dispute resolution? (3, Informative)

commodore64_love (1445365) | more than 5 years ago | (#27923795)

No. After your Highspeed connection has been terminated (without due process of law i.e. a jury trial), you're forced to go back to using the telephone lines for your internet (50 kbit/s dialup). Yay.

in French? (0)

Anonymous Coward | more than 5 years ago | (#27923503)

Sarkozy's 3 strikes law has just been passed by the French Assembly [in French]

I'd be surprised if they passed it in English or Spanish!

The French HATE American baseball (0)

Anonymous Coward | more than 5 years ago | (#27923507)

It's become obvious that the French HATE our god-fearing national pastime, baseball, and will take steps to punish anyone who strikes out at bat. I suggest that WE retaliate by making some penalty in some French sport completely illegal. Yeah... three yellow cards in soccer means that you will get shipped to guantanimo bay. How's that Frenchie? Or should I say cheese-eating surrender-monkeys.

I feel sorry for you, french people (0)

Anonymous Coward | more than 5 years ago | (#27923531)

luckily I don't live in france.

Re:I feel sorry for you, french people (2, Funny)

calmofthestorm (1344385) | more than 5 years ago | (#27923685)

Yeah I'm glad I live in the US, where our government would NEVER sell us out to business interests!

  At least they have better wine and cheese.

Hahahah (1, Insightful)

Anonymous Coward | more than 5 years ago | (#27923551)

Can't hold the imgainary moral high ground against the rest of the world can you now ?

What? (1)

imrdkl (302224) | more than 5 years ago | (#27923555)

Without being able to read French or refer to the previous writeup, there's no way to know what this writeup is referring to. How about a little context with my stuff that matters?

Re:What? (4, Funny)

Spatial (1235392) | more than 5 years ago | (#27923819)

How about a little context with my stuff that matters?

Suddenly the entire editorial staff burst out in a fit of riotous laughter.

The French play baseball? (1)

DavidHumus (725117) | more than 5 years ago | (#27923569)

Or do they translate "strike" as "coup" as in "coup de grÃce"? Which would make it "one strike" and you're out.

Re:The French play baseball? (1)

pwfffff (1517213) | more than 5 years ago | (#27923615)

No.

Cant wait till they catch themselves (4, Interesting)

StillNeedMoreCoffee (123989) | more than 5 years ago | (#27923581)

I should imagine that some French Government organization will be caught downloading allegedly illegal content. Then, of course, the government will have to follow the letter of the law and cut off its own Internet Service. That should be fun to watch. Or, someone will get fired, internet service will not be suspended and they will reference Nixon's famous quote, about if they do it its not illegal, or they will reference Bush, who followed Nixon's fine example of little emperorism.

Re:Cant wait till they catch themselves (0)

Anonymous Coward | more than 5 years ago | (#27924163)

You don't have to be caught downloading anything. That you IP is in a P2P tracker is enough. Apparently some trackers wants to add a bunch of fake IP. I cannot wait that half of the state computers are listed, we will laugh. In other news, serious downloaders already have VPN abroad. The law is useless, expensive and will only affect innocent and naive people

Not yet (5, Informative)

Anonymous Coward | more than 5 years ago | (#27923599)

It has only passed the lower chamber. Now it has to be approved by the Senate with the exact same wording. In case a coma is changed, the assembly will have to debate, edit and vote again the law. Then it will have the pass the check of the constitutional council which could take down large chunks of the law. In other words, the battle is not over yet and the relief could come from Europe. Wait, fight, and see.

it's a crime (1)

OrangeTide (124937) | more than 5 years ago | (#27923653)

3-strikes makes it a crime to break the law too many times.

Re:it's a crime (1)

oldhack (1037484) | more than 5 years ago | (#27923815)

But how many times?

Re:it's a crime (2, Insightful)

Krneki (1192201) | more than 5 years ago | (#27923829)

Still it would be nice for a court to decide when you did the first one.

Re:it's a crime (1)

OrangeTide (124937) | more than 5 years ago | (#27924015)

My point is that you're being punished twice. Once for the crime and again for doing it too many times.

In California it's simple, you go back to the first violent felony you committed when counting for your three strikes. After that you can just count violent or serious felonies to add up to 3. The bar for the third strike is very low, you could commit non-violent grand theft(over $500 in CA) for your last crime.

In my opinion California has a 2 to 2.5 strikes law.

Re:it's a crime (1)

javacowboy (222023) | more than 5 years ago | (#27924097)

3-strikes makes it a crime to be accused of breaking the law too many times.

There, fixed it for you.

Give them what they want (1)

Todd Knarr (15451) | more than 5 years ago | (#27923657)

We've all seen the cases where the big media companies have been caught using people's copyrighted content without permission. There's the case just recently where Sarkozy's own party got caught at it. So, if they want three-strikes, give it to them. If you see one of their political parties using your content without permission, report them. If you find one of the big media companies there using your content without permission, report them. And demand, loudly and publicly, that the law they were so bound and determined to get, that they so loudly demanded, be followed to the letter. If it's "three strikes and you're out", then it's three strikes and they're out too.

Re:Give them what they want (4, Insightful)

Allicorn (175921) | more than 5 years ago | (#27923983)

Sadly, unless you're part of the cartel of industry organizations which bought and paid for this "legislation" - your complaints will be ignored.

It's not the words on the paper that define the law.
It's the money that paid for them.

Guys, (3, Funny)

Coraon (1080675) | more than 5 years ago | (#27923667)

Start e-mailing links to copyrighted material and get the government's internet shutdown, and if they don't shut themselves off then start suing and having them charged with corruption until they force them to repeal their bill.

3 strikes won't last 1st year of Sarkozy successor (1)

leftie (667677) | more than 5 years ago | (#27923679)

It'll last about along as torture lasted into the Obama White House. France is going to have as many neo-con Presidents as it's going to have Hungarian Presidents.

France already had one neo-con president (1)

quanticle (843097) | more than 5 years ago | (#27923873)

I don't know. There's a pretty strong xenophobic bent in France and Germany (quite understandable, given that the "native" population is undergoing negative growth). So, given that, the French populace might be willing to accept someone who says that they're going to "preserve French culture", and view this sort of thing as collateral damage inflicted in the course of a greater good.

Second, you can't ignore the power of selective enforcement when it comes to these kinds of things. I mean, who's to say that the average Frenchman/Frenchwoman won't feel the effect of this legislation, while an immigrant to France will have to face all sorts of rigmarole to get their Internet service reconnected after they've been accused of illegal file sharing for the nth time. All the while, the police agencies are going to trumpet the fact that the immigrants are stealing French content and depriving hardworking French writers and artists of their due.

As I allude to in the title of this post, France already has had one neo-conservative president (Sarkozy), and the French public is fully capable of electing another.

Re:3 strikes won't last 1st year of Sarkozy succes (0)

Anonymous Coward | more than 5 years ago | (#27923979)

Then that will be a long time.

I guarantee that it is still going on under Obama. In the same quantity it happened under bush.

Oh noes! What to do? (3, Insightful)

durrr (1316311) | more than 5 years ago | (#27923681)

Okay so you lost internet. How many minutes does it take you to figure out that letters full of 16gb microSD cards actually have higher bandwidth than your connection? Quite abysmal ping though, but there's public acess points for the latency critical applications.

Defining legal authority (1)

Demonantis (1340557) | more than 5 years ago | (#27923773)

No one has explained the process in entirety, but it should be running through the legal system. I hate people suggesting to give ISP their own legal authority because they aren't interested in following the letters of the law. If it is running through the legal system, it will get so bogged down under the workload that they will have to suspend many of those cases for a very long time.

only grandmothers will use internet? (2, Interesting)

tandr (108948) | more than 5 years ago | (#27923861)

Or internet cafes will become REALLY popular places.

as for granmas... since they like to click on all these "fix your computer" and "you won" stuff, (not to forget about grandchildren that would be happy to use granmas computer), it is just a matter of time till someone will bombard the France with trickery ads that will download some easily trackable music. Once more then some percentage of population (say 15-20% ?) will not be able use internet from homes, then or the ISPs will put a blind eye on it (they losing customers), or new amendments will have to pass. Or they will create go the way as auto insurance does -- you can connect, but the fees are prohibitive.

just speculating...

Bot nets (5, Interesting)

future assassin (639396) | more than 5 years ago | (#27923871)

So what would happen if someone used a bot net to get half of France banned from the internet.

Go Dark! (3, Insightful)

Bob9113 (14996) | more than 5 years ago | (#27923883)

I am not a supporter of copyright infringement. I am, however, a passionate supporter of due process. If they will not abide by due process, disappear.

Start building your darknet, today.

http://en.wikipedia.org/wiki/Darknet_(file_sharing) [wikipedia.org]

Don't use it for copyright infringement, that would be illegal. But use it to make everything you do on the Internet much harder to detect. If they are going to use our openness against us, we must stop being open.

It's a little hard to set up a darknet right now, but it will get better if we all work together. Now go forth and start the hard work of remaining free.

Terribly vague summary (0)

Anonymous Coward | more than 5 years ago | (#27923901)

...for those of us who have NO idea what the law is in reference to. Warning mail? Warning in relation to what activities? Disconnection? Disconnection of what, my electricity? My television? My brake lines?

Wise up editors.

Easy solution (3, Insightful)

Thaelon (250687) | more than 5 years ago | (#27923971)

There's an easy solution to this.

Disconnect France from the internet until they stop this nonsense.

A question for the French /.ers (2, Interesting)

geekprime (969454) | more than 5 years ago | (#27924099)

So,

How long do you think it will be before someone figures out a way to use/fake Sarkozy's IP addresses (or all government IP's?) for obviously illegal P2P and get them knocked off the net?

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