Gotta love it when common sense prevails...
Time to feel a little bit smug…
The (s)ridiculous, nonsensical , pandering, misguided(/s) controversial three strikes law has finally had its teeth kicked in by the French Constitutional Council.
Known as the HADOPI law (Higher Authority for the Distribution of Works and the Protection of Copyright on the Internet), had been very publicly back by French president Nicolas Sarkozy and needless to say was greatly supported by the entertainment industry.
It was rejected over two highly sensible points: “enforcing the sanction of disconnection without a hearing before an independent judge undermines the presumption of innocence and the right to a free trial, and requiring Internet disconnection for copyright infringement is an infringement of the right to freedom of expression that is usually disproportionate,” explained legal and political ISP news site Linx Public Affairs.
“Moreover, whereas under section nine of the Declaration of 1789, every man is presumed innocent until has has been proven guilty, it follows that in principle the legislature does not establish a presumption of guilt in criminal matters,” stated the Council. This basic principle applies “to any sanction in the nature of punishment, even if the legislature has left the decision to an authority that is nonjudicial in nature.”
“Freedom of expression and communication is so valuable that its exercise is a prerequisite for democracy and one of the guarantees of respect for other rights and freedoms and attacks on the exercise of this freedom must be necessary, appropriate and proportionate to the aim pursued.”
My arguments against are rather more ranting, but in sum – yeah, what they said…
…oh and ”na, nah, na, na, nah!”