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Deutsch: Frankreich: Die zweite Version des Drei-Treffer-Gesetzes ist durchgese...
In a disappointing decision in comparison with its initial assessment on the first three strikes law (called HADOPI 1), on 22 October 2009, The French Constitutional Court validated the three strikes law with only one minor change.
The so-called Hadopi 2 law that was recently passed through both French chambers was referred to the Constitutional Council by the opponents of the law in the hope that the Court will once again find the text as unconstitutional as it did in June 2009.
This time, the Court failed to acknowledge the infringement of several liberties rights such as the right to due process and the presumption of innocence and validated the text with just one amendment stating that the judges will not be able to decide on civil damages during the same trial. This means that in order to claim damages, the copyright holders will have to bring a separate action to court.
"It is a sad day for liberties in France. The fact that a text such as HADOPI 2 can be validated is very revealing of the state of our institutions. The government will now have to face the consequences of the unavoidable failure of the law, once it is implemented. What is ahead now is a big price tag for taxpayers, unfair penalties, and resistance to these repressive measures. French citizens can now rent IP addresses in countries that do better at safeguarding rights and freedoms", stated Jérémie Zimmermann, spokesperson for La Quadrature du Net.
While deploring the Court's decision, La Quadrature du Net considers the law is anyway doomed from many points of view. Although it did not reject the text, the Constitutional Court emphasized the role of the judge who is the one to decide on the evidences brought by Hadopi authority and who can refuse to impose any punitive actions. Therefore the application of massive sanctions is illusory. And as many have already proven and reassessed several times, it is technologically easy to bypass the measures imposed and therefore entirely inefficient.
However, La Quadrature du Net believes that although the court may never decide on cutting off the Internet access based on Hadopi authority accusations and that probably nobody will be condemned for "characterized negligence", the validation of the law is a defeat of the Rule of Law, a step back for civilization.
As expected the law has been signed by President Sarkozy and was published in the Official Monitor on 29 October 2009.
Press Release of the French Constitutional Court (22.10.2009)
French Constitutional Court Decision Décision n° 2009-590 DC on the law
regarding the protection of the literary and artistic property on the
Who has won Hadopi battle? (only in French, 24.10.2009)
HADOPI 2 validated, a defeat for the rule of Law (24.10.2009)
Hadopi 2 validated, Nicolas Sarkozy is pleased (only in French, 22.10.2009)
Law 2009-1311 from 28 October 2009 - Law Hadopi 2 (only in French)
EDRI-gram: Deja-vu: France's three-strikes law referred to Constitutional