Hadopi, French way to lose 150 millions €
Thursday, the famous French law Hadopi (version 2.1) is published to the official journal, but some questions still remain unanswered.
The goal is that the first notification e-mails are sent in early 2010. Yet we must clarify some points among all the texts. For example, in Article 6 of the law, the second paragraph was censured by the Constitutional Council. It said that the record companies can bring civil actions to obtain financial compensation.
As these record companies are behind this ridiculous law, no doubt they will also pressure to correct this.
The law also need the future decrees of application procedures for the investigation against the person who downloaded or whose IP has just been used by someone else. Yes, Hadopi also condemns the "negligence" if your modem is hacked.
But how many Internet users know how to configure their modem? How many know the differences between WEP, WPA and WPA2 keys? In short the first two can be cracked in 15 to 20 minutes by one of your neighbours. And you will be sentenced for negligent security.
And how many members of parliament also know these things? A priori all, because absolutely no computer security company has been consulted during the redaction of the law. Our members of parliaments are really gifted!
But the most important in this stubborn incompetence is the cost of setting up the High authority for the dissemination of works and the protection of rights on the Internet (HADOPI = Haute Autorité pour la Diffusion des Œuvres et la Protection des droits sur Internet). The estimate is 70 to 100 million € depending on the source, just to set up surveillance.
PC Impact reveal that 7 full time jobs are asked by the Ministry of Culture. € 5.3 million is requested in the 2010 budget. To this, we must be add the cost of managing the warnings (identification, registered letters...).
There will also be the salary of investigators and judges who will decide if you've downloaded illegally or your modem has been hacked. All this, to probably see a simple appeal to an European court cancel the decision (let's see the first cases, but already in Italy and even in France the IP has been judge insufficient to identify). Without going that far, if your connection is used for work, the judge would be really bad if he cuts it for a few months!
Moreover, if you continue downloading with the same connection after receiving 2 warnings by emails and mail, you really want to meet with a judge!
The other good news is that our Hadopi (approximately € 150 million of our taxes) will only monitor 1000 French films and 10 000 French songs whose authors have requested to join the program.
And a priori only on P2P networks ...
To me, it sounds good: I like American movies and international music. And there there are many other ways to download (web, newsgroups, IRC...).
In addition, on the dozen connections of my neighbors that I found in Wifi, about 5 modems are poorly protected. There's a neighbour that I don't like, I will make him receive warnings.