For the next year nothing has yet been set

It was 12: 30 pm yesterday when the senators were approved by 189 votes against 14, Bill creation and Internet, which puts in place the famous "graduated response" to combat the illegal downloading of music and video.

Socialist senators who voted for last October, took no part in the vote. The UMP Senators widely mobilized, while this was not the case, to the National Assembly, where 44 deputies UMP failed the vote.

The final vote takes place one year after the presentation of the Bill in Council of Ministers and at the end of a true parliamentary marathon, which saw pro and anti Act "hadopi" battle beyond the traditional divisions.

The Government did in not yet finished with this text, since the PS will seize the Constitutional Council, which will take a month to decide. If it does not purport eradicate illegal downloads, this text will deter the casual "pirates", hope its initiators. For opponents, the device is promised to inefficiency.

To see more clearly, review detail arrangements for the application of the new law.

That provides the text

The law creation and Internet created an independent public authority endowed with legal personality, the Hadopi, acronym of high authority for the dissemination of works and the protection of the rights on the Internet. This authority replaces the regulatory authority of the technical measures (ARMT), created by the Act on the copyright of 2006 and which has never been used. Composed of nine members, the Hadopi is responsible for putting into practice the "graduated response".

That is the response graded

Seized by the right holders of a work (authors, producers... companies), the Hadopi will send a warning email to the user who illegally downloaded a work. For a subsequent offence within six months, a new e-mail will be sent, which may be accompanied by a registered letter. The contents of the downloaded works illegally will not disclose.

For new repeat offences in the following year, the Hadopi can decide two measures: after an adversarial procedure, a suspension of Internet access for a period of two months to a year (the subscription shall continue to be paid); or require the user to "measures to prevent the renewal of the breach found", i.e. to install filtering software. Before, the user may see propose a transaction, if it is committed to not download.

When the Act becomes operational

The Government hopes that the first alert messages will be sent in the fall, after the publication of the decrees of application. The first suspensions of subscription will be aware 2010.

What will be the political cost of such a

the taxpayer

For 2009, the Hadopi budget was set at EUR 7 million. For the next year, nothing has yet been set. The Government must compensate the providers of access to Internet (ISP) of the additional costs the single cut of Internet access from their subscribers, where they will retain access to the telephone and TV in subscriptions triple play.

But the authorities also hope the decline of piracy act-induced them will save bandwidth. Based on the Swedish example, the Government considers that ISPs could save EUR 25 million over three years.

The offender risk "double punishment"

Theoretically yes. Because the current legislation on counterfeiting, providing up to 300,000 EUR fine and three years in prison, remains topical. In practice, no, because right holders have pledged to not to pursue users falling within the scope of the new legislation. The latter will be "small" downloaders, while the former will continue to apply to those who have the industrial way.

What happens if the "pirate" is not the Subscriber in title

The principle is that the responsibility of the holder of the subscription to the Internet. Clearly, the parent who pays the subscription to the Internet in a home will be responsible for the use to be made by the children of the family.

The law Hadopi is compatible with European law

No, according to its opponents, reminiscent of that MEPs have voted, overwhelmingly, an amendment (No. 138) in the telecoms package stipulating that the fundamental rights of Internet users can be restricted without a decision of justice. Or the Hadopi, which intends to apply to providers of Internet access cut of access, is an administrative authority and not a judicial authority.

Yes, according to the Government and the Commission in Brussels. "There may be problems with Hadopi under national law, is the French to determine justice." "But I have no indication of European Community law violations and I see nothing legally in the Amendment 138 which could alter this situation," said yesterday Viviane Reding, European Commissioner responsible of New Technologies, however, who added that the French text was "unwelcome politically."