French ISP Capitulated and Agreed to Comply With “Three-Strikes”Added: Friday, October 22nd, 2010
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Country’s Internet service provider Free complies with the government decree, and admits it will soon start sending out “three-strikes” notifications to its customers.
It took less than a week for the French ISP both to declare a war and capitulate. Free was the first ISP in the country which refused to send out “three-strikes” e-mail warning letters to its subscribers on the government’s behalf. That was supposed to be a part of the controversial “Creation and Internet” law designed to fight peer-to-peer networks. However, the Article L331-25 of the Code of Intellectual Property read that notifications are to be delivered by the Commission for the Protection of Rights “through” broadband providers. That was what the ISP pointed at. Free argued that “through” meant exactly that, and offered the government to setup a secure SMTP server within Free to contact its subscribers on its own, if it wishes.
Frederic Mitterand, France’s Minister of Culture, criticized the ISP and pushed a decree that would clarify this requirement. Surprisingly, he kept his words in a matter of days, issuing a decree right away. The broadband provider first wanted to challenge the document, arguing that the regulatory authority wasn’t properly consulted, as the legislation requires. But, finally, this plan has been put on hold, though the ISP still thinks that both the original language of the law and the decree don’t demand ISPs to send electronic notifications. The matter is that Free calculated that it’s running the risk of noncompliance worth $2000 per each IP address. Besides, no ISP would like to become an example of a “rebellious” provider, as President Sarkozy wanted it to be.
Well, one may understand Free, with France’s President gunning for its defeat. No wonder the broadband provider chose to comply with the “three-strikes” law, especially after the President repeatedly promised to do whatever he can to protect rights owners and called web regulation a “moral imperative”, essential for fixing the troubles caused by the total absence of rules.
Frankly speaking, with that kind of statements from the country’s head, it’s no surprise broadband providers are backing down. Although Free still has 2 months to challenge the decree, fighting against the inevitable doesn’t seem a winning proposition.
October 22th, 2010Posted by:
Friday, October 22nd, 2010No comments
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