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Hadopi 2 adopted very fast by the French Senate

15 July, 2009
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This article is also available in:
Deutsch: Hadopi 2 vom französischen Senat sehr schnell angenommen


On 8 July 2009, in a very rapid session, the French Senate adopted the new three strikes draft law, so called Hadopi 2.

The only difference between the first version of the law and Hadopi 2 is that the sanctions to be applied to alleged illegal downloaders will be decided by the court and not by Hadopi authority. However, things are not improved as the entire process is speeded up by a simplified procedure that does not leave room for the presumption of innocence.

The French Government acts like a bulldog with its three strikes law

1 July, 2009
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This article is also available in:
Deutsch: Die französische Regierung benimmt sich beim 3 Treffer-Gesetz wie ein...


Nicolas Sarkozy and the French Government want to go on with the new three strikes draft law (called also Hadopi 2) which was presented to the Council of Ministers on 24 June 2009.

The emergency procedure has been initiated and therefore the two chambers will have only one reading for the text.

Swedish court: IP addresses are personal data

1 July, 2009
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This article is also available in:
Deutsch: Schwedisches Gericht: IP-Adressen sind persönliche Daten

Macedonian: Шведска: ИП адресите се лични податоци

The Swedish Supreme Administrative Court ruled on 18 June that the IP addresses are personal data in a case regarding APB (the Swedish Anti-Piracy Bureau, Antipiratbyrån), a lobby group representing copyright owners.

However, from the comments following the judgement, it became clear that this ruling will not stop the implementation of the Swedish IPRED Directive or the way the copyright holder representatives record and keep IP addresses

Norway will not chase file-sharers

1 July, 2009
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This article is also available in:
Deutsch: Norwegen wird File-Sharer nicht verfolgen


The Norwegian data protection authority has decided that ISPs had to delete all IP address-related data just 3 weeks after collection, a decision that will make difficult to chase file-sharers.

The regulator started with two ISPs, Tele2 and Lyse Tele but the decision, subject by the Personal Data Act, will apply to all ISPs in Norway. As Norway is not a member of the European Union, it is not bound to comply to the European data retention directive which says that this type of data must be held for at least 6 months.

Judge unbiased, no retrial for The Pirate Bay

1 July, 2009
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This article is also available in:
Deutsch: Richter nicht voreingenommen, keine Wiederaufnahme des Prozesses für ...



On 25 June 2009, Sweden's Court of Appeal ruled that judge Norström in The Pirate Bay (TPB) case was not biased as the lawyers representing TPB founders had claimed. Therefore there will be no retrial for TPB in Stockholm District Court.

The TPB lawyers had accused Norström of being in a conflict of interests as he was a member of several organizations funded by the recording industry organization IFPI.

Rapidshare forced by the court to filter more than 5000 tracks

1 July, 2009
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This article is also available in:
Deutsch: Gericht zwingt Rapidshare, über 5000 Tracks zu filtern


The file-sharing site Rapidshare.de has recently lost another case to the German copyright society GEMA, being ordered by the Regional Court in Hamburg to "proactively filter" more than 5000 tracks from GEMA's catalogue.

In January 2008, another regional court in Düsseldorf had already found that RapidShare was responsible for what its users uploaded to the service. Hence, RapidShare implemented a screening process and maintained hashes of files that were pulled down for infringement but GEMA was not contented with this and went back to court.

GEMA created a software that can search web forums and extract links to

The telecoms ministers rejected the telecom package as adopted by the EP

17 June, 2009
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This article is also available in:
Deutsch: Die Telekomminister lehnen das Telekompaket in der vom EP angenommenen...


The European Commission continues to pressure the Council and the new European Parliament to rapidly adopt the telecoms package without a proper scrutiny of the law or any consideration of the implications of Amendment 138.

At the Luxembourg meeting on 11 June 2009, the telecoms ministers decided to reject the telecom package in the form adopted by the European Parliament in the second reading on 6 May 2009, thus proposing a new round of negotiations.

The ministers consider the Parliament has breached the earlier compromise reached with the Council on the telecoms package as a whole, obviousl

The French Constitutional Council censures the 3 strikes law

17 June, 2009
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This article is also available in:
Deutsch: Der Französische Verfassungsrat zensiert das 3 Treffer-Gesetz


As a result of the appeal of the Socialist Party, the French Constitutional Council decided on 10 June 2009 that 3 strikes (known also as Hadopi) draft law was infringing the Constitution and the Declaration of the Rights of Man and of the Citizen from 1789 and rejected the most important parts of the text.

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