First victim of French 3 strikes law is found guilty for negligence
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Deutsch: Erstes Opfer des Three-Strikes-Gesetzes in Frankreich
After almost two years since the 3-strikes law has entered into force in France, the first Internet user was sentenced by the court to a 150 euro fine for negligence for not using the Internet access security measures and because the user has innocently confessed it.
Since October 2010, about 3 million French IP addresses have been identified by rightholders of being possible infringers. Out of these, Hadopi considered 1.15 million worthy of a “first strike” notice, about 102 000 of a second warning, and only 340 of a third warning. Only 14 cases were sent to court, so far.
This is the first fine applied for the Hadopi law because the infringement must be proven and this is not easy to do. In order to be punished for negligence, one has to have failed to apply security means to his Internet connection or to have not used accordingly these means, both being rather difficult to prove.
However, this particular Internet user gave himself up by admitting that he had not used any security means to prevent access to his Internet account.
By trying to defend himself, the Internet user summoned by the court for repeated infringements, gave the court the motives to condemn him for negligence. He argued he was himself unable to download material from the Internet and blamed his wife (with whom he is under divorce procedures) for having illegally downloaded material from the Internet.
The woman confirmed she had downloaded Rhianna songs. “By saying he knew she was downloading infringing content, but didn’t prevent her from doing so, he self-incriminated,” explained Guillaume Champeau of Numerama.
So, although actually innocent, the man is now to pay for being responsible for the downloading, because he did not prevent it.
Hadopi: one first condemned person, by ingenuity (only in French,
Hadopi confirms that the first condemned betrayed himself (only in
French 3 Strikes: Court Fines First File-Sharer, Even Though He’s