By EDRi

This article is also available in:
Deutsch: [Hadopi setzt letzten Schritt zur Sperre von Internetzugängen | https://www.unwatched.org/EDRigram_10.3_Hadopi_setzt_letzten_Schritt_zur_Sperre_von_Internetzugaengen?pk_campaign=edri&pk_kwd=20120221]

French authority Hadopi announced on 13 February 2012 that its Commission
for the Protection of Rights had sent the first complaints to court against
Internet users for illegal downloading of files as the last stage in its
three-strike system.

Since November 2010, more than 800 000 French Internet users have received
e-mail alerts that they were suspected of illegal downloading of copyrighted
material. Out of these, about 45 000 considered recidivists received a
letter of warning and after six months around 165 seem to have been convened
by the Commission on the Protection of Rights to be sent to court for a
decision to have their Internet connection cut.

Although a precise number has not been revealed, a Hadopi spokesperson
stated the cases had been sent to the prosecutors all over France, according
to the residence places of the accused Internet users. The Prosecutor’s
Office will process cases and decide whether to take them to court which may
apply a maximum fine of 1 500 euro and a 1 month suspension of the Internet
service.

The offence that the Internet users are being accused is of not
implementing a system to “secure” their Internet connection or not
having made efforts to make such as system operates properly. Hadopi
produces as proof of the offence only the proceedings drafted by the
assigned agents on the basis of the findings provided by the company
hired by the rightsholders.

The law allows for a speedy simplified procedure for Hadopi where there is
no need to hear the defendant and through which the court may apply
sanctions if “it comes out from the judicial investigation that the facts
the user is accused of, are simple and proven.”

The ministry of justice has even issued a letter asking the prosecutor
offices to avoid, except for particular cases, a more detailed investigation
because the proofs provided by Hadopi are enough to prove the offence.

“This is the myth of the pedagogical Hadopi that slumps. All those who
wanted to make you believe that Hadopi was a device meant only to sensitize
young Internet users on copyright, are now facing their own contradictions”
said Aurélie Filippetti, in charge of culture for the presidential candidate
François Hollande’s campaign.

Hadopi transmits its first cases to court! (only in French, 13.02.2012)
http://www.numerama.com/magazine/21634-hadopi-transmet-ses-premiers-dossiers-aux-tribunaux.html

Internet users sent to court by Hadopi (only in French, 13.02.2012)
http://www.lepoint.fr/chroniqueurs-du-point/emmanuel-berretta/exclusif-les-internautes-traduits-devant-les-parquets-par-la-hadopi-13-02-2012-1430826_52.php

Hadopi: the first cases sent to court. But how many? (only in French,
13.02.2012)
http://www.zdnet.fr/actualites/hadopi-les-premiers-dossiers-transmis-a-la-justice-mais-combien-39768507.htm

EDRi-gram: French Internet users on the verge of being disconnected
(5.10.2011)
http://www.edri.org/edrigram/number9.19/hadopi-report-france-18-months