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    French Assembly Adopts Three Strikes Legislation

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    Tuesday May 12, 2009
    IP Watch reports that the French National Assembly has adopted HADOPI, the three-strikes and you're out legislation.  The bill passed with 296 in favour and 233 against.
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    French Politicians Reject Three Strikes Law

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    Thursday April 09, 2009
    The French National Assembly has rejected the three-strikes and you're out proposal.  In a surprising vote, the Assembly voted 21 - 15 against, joining a growing list of countries that have dropped attempts to cut off access for Internet users based on unproven copyright infringement allegations.
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    France and South Korea Move Toward Three Strikes And You're Out

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    Monday April 06, 2009
    Recent decisions to abandon a three strikes and you're out copyright model in New Zealand, the UK, and Germany, have not been replicated in two other countries.  Last week, both France and South Korea moved toward implementing the approach in their national laws.
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    European Parliament Rejects Three Strikes and You're Out Approach

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    Thursday March 26, 2009

    Days after New Zealand dropped its support for the "three strikes and you're out" approach (also known as "graduated response") that would see ISPs terminate subscribers on the basis of three unproven allegations of copyright infringement, the European Parliament has similarly rejected the proposed approach.  Le Quadrature du Net reports that France had tried to generate support with the EP for a pan-European approach (France now one of the lone holdouts for the system).   Today the EP rejected the French pressure, adopting a new report on security and fundamental freedoms on the Internet that expressly rejects disproportionate measures for IP enforcement and warns IP holders against excessive access restrictions.

    The key paragraph states that the Parliament recommends that the European Council:

    proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights, following an assessment, in the light of contemporary innovation research, of the extent to which it is necessary and proportionate, and while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber-violations of intellectual property rights, including certain excessive access restrictions placed by intellectual property holders themselves;

    While this is a mouthful, it is noteworthy that the Parliament emphasizes proportionality, the rejection of Internet monitoring, and the use of excessive access restrictions placed by IP rights holders.

    Update: Network World reports that attempts to place the three strikes approach in the European Telecoms package has similarly failed.


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