Hadopi

from Wikipedia, the free encyclopedia
Anti-Hadopi poster of the French Pirate Party

Hadopi or HADOPI ( Haute Autorité pour la diffusion des oeuvres et la protection des droits sur l'Internet ; German High Authority for the Dissemination of Works and the Protection of Internet Rights ) refers to an authority established by a French law of 2009 to protect against copyright infringements in the Internet is going on. The law has been in force since the beginning of 2010. From October 2010 to June 2013, Hadopi posted over 1.2 million copyright infringement warnings. In May 2013, the Minister for Information and Digital Economy, Fleur Pellerin , announced that the Hadopi was being wound up and that the associated practice of blocking the network in the event of copyright infringements was also being scrutinized.

method

Three-strike procedure

Which is applied three strikes method ( German three-stage process). The suspect is initially warned twice, first by email, and if repeated, by registered mail. If his IP address is recorded a third time, a simplified legal process is initiated in which various sanctions can be imposed, in particular fines and the temporary blocking of Internet access.

At a press conference in 2012, Hadopi boss Mireille Imbert-Quaretta said: To date, Hadopi has only handed 14 files over to courts, although others could follow the 340 if rightholders complain about them again within a year of their last warning. None of the 14 cases have so far gone to court, although prosecutors have asked the Hadopi authorities for more information in many cases.

Determination of the IP addresses

The IP addresses are determined and submitted to the authorities either by the public prosecutor's office or by professional associations. In the field of video games , these are primarily the UECN and SELL associations, and in the music industry in particular SACEM .

Transmission of the clear addresses by the provider

The providers are legally obliged to give the clear addresses of Internet users to the authorities. Some providers have resisted this, but seem to have given up their resistance.

Processing of the authority

In June 2013, the Minister for Information and Digital Economy, Fleur Pellerin , announced that the Hadopi was being wound up and that the associated practice of blocking the network in the event of copyright infringements was also being scrutinized. This declaration was preceded in May 2013 by the submission of a report by a cultural commission set up by President François Hollande with proposals for cultural policy, which also called for the abolition of the Hadopi. The main argument for the abolition was that the authority with its 60 employees (as of May 2013) and a budget of 12 million euros was too expensive and too inefficient. From October 2010 to June 2013, with over 1.2 million users contacted, just three legal proceedings were concluded with a verdict, only one with a fine of 150 euros, one with a warning and one with an acquittal. The proposal of the Culture Commission therefore provides for the three-strikes model to be retained, but in the third stage instead of blocking Internet access, only imposing fines and transferring supervision to the French regulatory authority for television and radio.

Transfer of the procedure to European level

At the European level, the Gallo report was adopted on September 23, 2010 , which also advocates a three-strikes procedure . The procedure aims to strike a balance between the interests of internet users and the owners of copyrights and strikes a middle ground between not prosecuting copyright infringements and strict criminal penalties .

In June 2012, the UK media regulator, the Office of Communications, presented a draft copyright warning law that complies with the three strikes system .

Individual evidence

  1. ↑ Loi n ° 2009-669 from 12 June 2009 favored la diffusion et la protection de la création sur internet
  2. ↑ French "Three-Strikes-Law" active - ComputerBase
  3. ^ A b c d Axel Kannenberg: France is moving away from network blocking. heise.de, June 4, 2013, accessed June 4, 2013 .
  4. ↑ https://netzpolitik.org/2012/hadopi-bilanz-nach-zwei-jahren-24-millionen-euro-14-falle-bei-der-staatsanwaltschaft-keine-verendung/
  5. ^ Adoption of the Gallo report in the European Parliament, 23 September 2010.
  6. ↑ EU approves private P2P police: Hadopi also in Germany?
  7. ↑ Three Strikes - British providers are supposed to report piracy - Spiegel Online (June 26, 2012)

Web links