Thursday 5 September 2013

Flash: No Internet Suspension for Internet User Found Guilty of Negligence

PCInpact is reporting (see here) that the penalty of a 15-day internet suspension handed down against a peer-to-peer user by a French court last summer will not actually be enforced.  After the judgment was rendered (for having failed to,properly secure his internet access after having received warnings pursuant to France's three-strike HADOPI statute) but before it actually became res judicata (due to the delay for appeals and the fact that it was a default judgment), the decree of July 8th 2013 (see here) was promulgated, eliminating the third strike of internet suspension.  As a result, in accordance with the pinciples of French criminal law, the penalty cannot be enforced.

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