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The Hadopi she will manage to survive?

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The Hadopi she will manage to survive?

The Hadopi could see its continued existence by abandoning the law Establishment of the Ministry of Culture, but a problem of governance prevents for now function normally.


But what will we going to do with Hadopi? The High Authority, in charge of graduated response, observation of practices relating to the consumption of cultural content on the Internet, and promotion of legal offers, still exists, contrary to a more and more widespread in the general public. One year after the Lescure report which recommended to transfer its tasks CSA, and 10 months after the removal of the cut internet access for repeat offenses, some of the Internet has integrated that Hadopi was to history. But no!

Yet the institution, if it has not sunk, remains in midstream. On the one hand, against all odds she would be gone largely to subsist longer than expected because the transfer of its tasks CSA, which was to take place in the context of the great law Creating Aurélie Filippetti, is compromised by uncertain future of this law. On the other, the Hadopi machine is jammed for several months because of lack of appointment of three members of the College, the institution's board of directors. The Hadopi finds herself both reinforced and destabilized.

The transfer to the CSA compromise

For various reasons related to the complexity of the text (it goes live performance digital, through arts education), which is no consensus either within the majority or to the cultural sector, and the legislative calendar, Creation Bill would lead in the wing. According to La Lettre de l'Expansion and Electron Libre, the text could be exploded into several parts and its provisions distributed in other legislative vehicles. The digital component, which involves the transfer of the graduated response to CSA fall in all logic in the bill on digital Axelle Lemaire.

Except ... In the future digital Act, as its contours are outlined today by the Secretary of State, Hadopi would fall like a hair in the soup. This law should include a section on freedom, privacy and cybercrime, a second on the issues around open data, and a third on the economy, growth and innovation, and perhaps a section on taxation and corporate finance. Basically, the Hadopi component would be integrated in extremis only if it is unavoidable ...

Which still promises much procrastination. However, the schedule is tight. The National Digital Council was to conduct a consultation soon around this bill, Axelle Lemaire wants to create a "public debate" on these issues. This consultation is expected to end in September for a Council presentation of Ministers in December, and the text could be debated in January 2015. This leaves very little time to decide to return Hadopi.

Blackmail graduated response

For its part, the College of Hadopi is reduced by three members since January, the mandates of the directors expired was not resumed. The appointment of the president of Wikimedia France was behind lock in the Ministry of Culture. Asked by Les Echos, the ministry attributed the delay in cabinet reshuffle.

This led the president of the Hadopi, Marie-Françoise Marais, send a letter to Manuel Valls late April to alert people about the precariousness of the institution, according to Les Echos threaten to standby sending mails to hackers as not everything is back to normal.

So we are there: Hadopi live older than expected. But not necessarily healthy.

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