France convicts first person under anti-piracy law (even though he didn’t do it) | Ars Technica

A 40-year-old Frenchman living in rural eastern France has become the first person ordered to pay a fine under France’s controversial anti-piracy three-strikes law known as Hadopi.

On Thursday, a judge ruled that Alain Prevost (Google Translate) must pay €150 ($194) for failing to secure his Internet (presumably WiFi) connection and for ignoring the three warnings sent by the Hadopi agency. He has become the first person to be convicted under Hadopi; his is the first of 14 cases brought against French Internet users who reach the third strike.

However, in a strange twist of facts, Prevost was not even guilty of downloading. Instead, it was his soon-to-be ex-wife, who was in attendance in court. She even admitted under oath that she downloaded the two Rihanna songs in question.

According to French media reports, the man, described as a local artisan, told the court he was “totally incapable of downloading anything.” However, because he was the owner of the DSL account, Prevost was considered responsible under the law.

But because Prevost attempted (Google Translate) to provide a legitimate explanation of what had happened—without a lawyer—he consequently admitted his own guilt of not having secured his WiFi network. By saying that it was his wife who had downloaded the songs, Prevost handed over the prosecution all the evidence it needed, as otherwise it would have needed to prove that he had not done so.

“In the meantime people have nothing to fear: The best remedy against Hadopi is to say, ‘I didn’t do it!’” Zimmerman added. “If this guy hadn’t self-incriminated, he would have never been fined.”

via France convicts first person under anti-piracy law (even though he didn’t do it) | Ars Technica.

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