[x-pubpol] One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net

Joly MacFie joly at punkcast.com
Thu Mar 8 15:00:43 PST 2012


http://www.techdirt.com/articles/20120224/11082417868/one-more-copyright-infringement-hadopi-must-disconnect-itself-net.shtml

The governmental body that oversees France's "three-strikes" law, HADOPI,
has already been caught once
infringing<http://www.techdirt.com/articles/20100112/0752287716.shtml>
on
the copyright of others -- by using a logo designed with unlicensed fonts.
Now it's been spotted using photographs without respecting the so-called "moral
rights <http://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29>" of
the photographer, which include the right to attribution (French
original<http://www.numerama.com/magazine/21588-un-photographe-accuse-hadopi-de-contrefacon.html>),
absent on HADOPI's site. Such moral rights are taken very seriously in
France, where they are automatic, perpetual and cannot be waived (unlike in
some other jurisdictions, such as the United Kingdom.)

As with the earlier slip, the current example shows just how easy it is for
someone to infringe on copyrights through error or oversight. Of course,
HADOPI doesn't accept either excuse when it's a matter of sending out its
famous warnings, or disconnecting people from the Net. So, in the spirit of
fairness, it would be unjust to grant itself any leeway either.

That makes two strikes against it so far; let's hope it's more careful in
the future, or it will obviously be *forced* to cut off its own Internet
connection to set an example to the rest of France.

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