Finally the Creation and Internet law controlled by HADOPI (la Haute Autorité pour la Diffusion des Oeuvres et la Protection des droits sur Internet) has been passed in France that will affect all us with internet connections. Basically, this new body has the powers to monitor your internet connection to check if you are downloading/
The main bulk of this law is that YOU are responsible for securing your own internet connection. The sole responsibility of securing the connection lies with the registered owner (subscriber)
Even if you are fairly certain that your connection is not being used for illegal downloading, be aware that practically every broadband router (livebox, neuf box, etc) has WIFI capabilities built in and activated by default. It is essential that you secure the WIFI connection or turn it off should you not be using it. An unsecured WIFI connection could mean that anyone within your WIFI range (up to 50m) could use your connection for which in turn you are responsible for.
For any readers with Gîtes or Chambre d’hôtes that offer WIFI connection or internet access, you must now start to get a system in place for monitoring/controlling this access as ultimately it is you that will be held responsible for anything downloaded over your connection.
France is employing the 3 strikes and you’re out approach to violators of the new law as outlined below.
The first step:
An email is sent to the connection owner (you), as defined by the IP address (a unique computer address) involved in the claim.
This email specifies the time of the claim but neither the object of it nor the claimant.
The ISP (internet service provider, e.g. Orange) is then supposed to monitor this internet connection and you will also be invited to install a filter on your own connection.
If a repeated offense is suspected by the copyright holders, their representatives, the ISP or the HADOPI, in the 6 months following the first step, the second step of the procedure is started.
The second step:
A certified mail is sent to the connection owner containing similar information sent in the first mail.
On failure to comply or accusation of repeated offenses by the copyright holders, their representatives, the ISP or the HADOPI, in the year following the reception of the certified letter, the third step of the procedure is started.
The third step:
The ISP is required to suspend the internet service for the internet connection from between 2 months to 1 year.
If you find yourself a victim of the third strike, you will also find that your details will have been blacklisted, preventing other ISPs from providing an internet connection for you. Interestingly though, your internet connection may have been stopped but the billing set in place by your ISP will continue. Cancellation of the service is entirely at your own expense.
Feel free to contact us if you have any further questions on how this new law will affect you and your business.
Brent Glover
www.francepcsupport.com
Tel: 05 55 66 03 25
