A company that treats its programmers as morons will soon have programmers that are willing and able to act like morons - B. Stroustrup
By Fabio on Thursday June 11th 2009 06:33 | Category: Web
The much debated French anti-piracy bill "Three strikes" has been declared invalid. The French Constitutional Council considers that the conclusion of people from the internet without a trial, is contrary to the Constitution. Which immediately kills the main part of the new three-strikes law.
The French government has been trying to introduce a law that allows filesharers after two warnings to close the Internet. After much opposition, the law in May by the Parliament. The opposition Socialist Party was the law in violation of the Constitution and the Socialists had made a complaint to the Constitutional Council. This body has now decided that the most important part of the law, concluding people of the Internet by a special government body, is contrary to the French Constitution.
In the constitution of 1789 explicitly states that everyone is innocent until the contrary is proved, and the procedure for closing the Council considered this conflict. Not a judge, but a future government, called Hadopi, would the closure and its duration decide. The Council considers that the Internet is part of freedom of expression and the right to consume and that only a court can decide to have someone to deny.
The French Minister of Culture, Christine Albanel, has already announced that the law will soon be amended so that the closure order by a judge will be given. They will want more evidence than Hadopi and furthermore, the overburdened judiciary internet business is not closing high priority. The minister expected the law to 1000 closures per day, but that number in the new structure will not be met after pieces. The deterrent effect of the law is therefore largely disappeared.
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