French Three-Strikes P2P Law Kicked Out by High Court

The French Constitutional Council has dismissed the notorious "HADOPI" better known as 'three-strikes' law forced into effect through the National Assembly by the President Sarkozy to protect the corporation behind the entertainment industry.

The current law forces ISPs to send warning notices to alleged file-sharers on behalf of copyright owners; after two such warnings, it would have allowed an independent administrative authority (HADOPI) to order ISPs to cut off a customer's Internet access for up to a year.

"Freedom of expression and communication is so valuable that its exercise is a prerequisite for democracy and one of the guarantees of respect for other rights and freedoms and attacks on the exercise of this freedom must be necessary, appropriate and proportionate to the aim pursued," the court pronounced in its ruling.

As expected the IFPI was not very happy with the decision. According to The Register, IFPI counsel Shirla Perlmutter said at the World Copyright Summit that the French Government intends to propose the law again to Parliament, this time considering the Court's objections.

"Our understanding is that a new version of the bill will maintain the same graduated response, but transfer powers executed by Hadopi to a special court. The bill was the result of a long consultation … it's more effective and less draconian than having to sue a lot of individuals."