Saturday, October 24, 2009

Grandma, Poppies, HADOPI

When Frédéric Mitterrand, French minister of culture, defended the HADOPI bill in front of the French National Assembly in July 2009, he said: We all know the story of the grandmother who waters her grandson’s poppies, finding them very beautiful, not knowing that this plant is in fact hashish. We will not harm the grandmother!

Problem with that statement is that the HADOPI law creates a presumption of guilt if someone illegally downloads using an Internet connection. If the grandson downloads "I’m a thug", it’s Grandma who will be prosecuted. But there is no French law (so far) which creates a presumption that all hashish plant waterers are guilty, so in Mr. Mitterand's example, Grandma is indeed fine. But under HADOPI she will be prosecuted if the proverbial grandson illegally downloads using her Internet connection, one the the many reasons the HADOPI law should not have been passed.

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