Linked by Thom Holwerda on Tue 17th May 2011 20:56 UTC
Legal "The French government's 'three strikes' approach to online copyright infringement relies on a private company that scans file-sharing networks and gathers the IP addresses of alleged Gallic content pirates. But that company, TMG, suffered an embarrassing security breach last week, and the French government has 'temporarily suspended' its acquisition of new TMG data while an investigation is underway." Yeah, the company that collects IP addresses of alleged file shares got Sony'd.
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Olé !
by Neolander on Wed 18th May 2011 00:01 UTC
Neolander
Member since:
2010-03-08

Bien mérité ! ;)

For those who didn't follow the story, one of the most controversial parts of the HADOPI law is that people are considered responsible for securing their computer and the network it's attached to. If someone pirates your wi-fi and downloads MP3 using it, you are guilty.

So now, in total agreement with the spirit of the HADOPI law, I ask that TMG and HADOPI receive an e-mail stating that they have been caught breaching the law. Next time, it'll be a paper mail. Another law violation, and all connections to the internet at TMG and HADOPI must be shut down.

Sounds fair, isn't it ?

Reply Score: 4

RE: Olé !
by dvhh on Wed 18th May 2011 02:30 UTC in reply to "Olé !"
dvhh Member since:
2006-03-20

Note that they are trying to "downplay" the story by saying that these IP addresses are not personal info,
The same IP addresses they use in attempt to identify the individual to cut their internet access....

Reply Score: 5

RE: Olé !
by talaf on Wed 18th May 2011 05:57 UTC in reply to "Olé !"
talaf Member since:
2008-11-19

Well not really the same thing, but they sure are guilty of breaking the IL law on the protection of personal data against theft (this law, by the way, explicitely states that IP addresses are in fact personal data, and they know it because they do have a CNIL authorization to collect them).

This actually is the best part of hadopi for me. The IL law states that personal data shouldn't be collected and kept without consent from the user, and should NOT be kept more than a year. TMG violates everything, and the CNIL is forced by the government to look the other way. And now, it's leaked. What a great country we live in.

Edited 2011-05-18 05:58 UTC

Reply Score: 2

RE: Olé !
by KrustyVader on Wed 18th May 2011 11:13 UTC in reply to "Olé !"
KrustyVader Member since:
2006-10-28

I may not agree with most of that law. But with the part that say "that people are considered responsible for securing their computer and the network it's attached to." isn't totally wrong.

In some countries (Argentina) you are innocent until prove guilty, and also you are owner of everything that is inside you property (house, car, etc). Unless someone prove the oposite. That means you are responsible for everything that's inside.

So if you cars is involve in a back robbery you are accused of been part of it unless you can prove that someone else was driving it (let say it was stolen).

If the police find drugs in you house you are accused of having drugs, unless you can prove that someone else has put it in there.

So if your machines is used for crimes you should prove that you are not involve in it.

Also sniffing any kind of communication (in Argentina) it's illegal and all data that they collect can't be used against you.

Reply Score: 1

RE[2]: Ol�é !
by Doc Pain on Wed 18th May 2011 17:37 UTC in reply to "RE: Olé !"
Doc Pain Member since:
2006-10-08

I may not agree with most of that law. But with the part that say "that people are considered responsible for securing their computer and the network it's attached to." isn't totally wrong.

In some countries (Argentina) you are innocent until prove guilty, and also you are owner of everything that is inside you property (house, car, etc). Unless someone prove the oposite. That means you are responsible for everything that's inside.


The concept behind that is the philosophy of "ownership implies responsibility" which isn't bad per se.

So if you cars is involve in a back robbery you are accused of been part of it unless you can prove that someone else was driving it (let say it was stolen).


True in Germany, too. Therefore is even punished by law if you keep your car unlocked where everyone can access it (e. g. in ordinary traffic, next to a road, in a parking lot).

The parallel is that if you offer WLAN for everyone for free (which is your right to do so), you are responsible for what happens with it. The provider has a contract with YOU, not with the people "accidentally" using your connection. So if you have no means to track down any abuse of it to an individual (e. g. "I saw him doing this and that."), YOU will be in the scope of investigation.

If the police find drugs in you house you are accused of having drugs, unless you can prove that someone else has put it in there.


A fully valid conclusion. Of course, the problem is to actually prove that, but in the reverse case, when the police finds drugs in YOUR house and would have to prove that YOU put them there, it would be a bit problematic. Concept: There is no need to prove the obvious.

So if your machines is used for crimes you should prove that you are not involve in it.


Fully agree. Good security and maybe logs can help doing so. This investigation could be supervised by an official so nobody says: "You've written those logs on your own, haven't you?" :-)

Reply Score: 2

Sony'd
by drstorm on Wed 18th May 2011 00:23 UTC
drstorm
Member since:
2009-04-24

I love it!

Reply Score: 4

hehe
by NuxRo on Wed 18th May 2011 09:13 UTC
NuxRo
Member since:
2010-09-25

hehe, "got Sony'd" <- I hope this one gets very popular! ;)

Reply Score: 3