The reality is bit uglier than what the article might say. When your IP will be caught exchanging one of the 10.000 referenced files on a p2p network - the HADOPI being the one who will be monitoring the p2p networks - this addendum to the three-strikes law will trigger the following events:
- under a special, fast track process akin to the one followed for a speed ticket, the judge might order your ISP to cut your connexion, or (logical OR, not XOR) have you pay 1.500â. This is not a trial, it's a judge statement, and you'll have to go to court to defend yourself, but not before having your connexion cut and the fine paid. Btw, you'll still pay for the connexion that have been cut. You can get protection from this though: you need to install a (today inexistant) HADOPI-certified spyware (read network packet scanning, email reading spyware) on your - Windows - computer. This will magically make you not liable of this part of the law
- you're still liable under the DADVSI (counterfeiting) law which can, on another judgment, get you up to 300.000â fine or (logical OR...) 3 years in prison
- and then I don't see anything in the words of the proposed law that would prevent the copyright owner from suing you for lost revenue
For the smart among you all, you'd have already noticed that everything is trigger by just one thing: an IP on a p2p network. The IP. Something absolutely, positively unfalsifiable, that can't be spoofed. Right?
And soon, if LOPPSI goes through and you've used an encrypting bittorrent client, you'll also be sued under the premise that you're planning terrorist actions.
The most fun part is that this addendum in it's current state allows for the HADOPI commission to "read" your - and I quote - "electronic communications". Not "p2p connexions", not "bittorrent connexions": "electronic communications". Email, web, IM, VOIP: it's electronic, it's scanned. The french government is just passing a law to get a legal eavedropping right on all national internet communications.
I love being french those days...