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Trick Used To Pass French "Three Strikes" 488

Posted by kdawson
from the foul-ball dept.
Glyn Moody writes "France's 'Loi Hadopi' — better known as 'three strikes and you're out' — was passed by the National Assembly late last night when only 16 deputies were present (the vote was 12 in favor, 4 against). Most politicians had left because it was expected that the vote would take place next week. In this way, President Sarkozy has sneaked his controversial legislation through the French parliament — and shown his contempt for the democratic process. So now what?"
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Trick Used To Pass French "Three Strikes"

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  • Shame (Score:5, Insightful)

    by FredFredrickson (1177871) * on Friday April 03, 2009 @11:02AM (#27445199) Homepage Journal
    While my initial thought is "Shame on those people who subverted the democratic process" I can't help but think.. "Shame on the faulty system with such a stupid loophole." Did they subvert the democratic process? Kinda. But did they do things within the boundries of their law? Apparently so.

    So shame on those living in France expecting anything different from their dumb system.

    It's like having an insurance policy, and when the insurance company decides to be assholes and use their technicalities to avoid paying you, well, shame on you for signing on to such an obviously flawed contract.

    (Please note, I'm not claiming my country is any better.)
  • by Anonymous Coward on Friday April 03, 2009 @11:02AM (#27445203)

    It's not the end of the world, probably.

  • Quorum? (Score:5, Insightful)

    by Anonymous Coward on Friday April 03, 2009 @11:03AM (#27445219)
    Ever heard of Quorum? The French should add that to their rules/constitution to prevent that crap Sheesh
  • by Kaleidoscopio (1271290) on Friday April 03, 2009 @11:05AM (#27445247)
    The fault is on the current elected officials. If they were present at parliament like they are supposed too, this would not happen. We vote for them to be at parliament, not for them to go only they feel like it. Even if the vote would only take place next week, its their obligation to be at parliament. Pity its never like that, not in Portugal and not in France it seems...
  • by Gothmolly (148874) on Friday April 03, 2009 @11:06AM (#27445285)

    Sounds like sour grapes to me. News Flash: Politicians use these procedural tricks all the time, why do you think that said tricks exist? At someone point, some other guys slid laws through on the same deal. Look at the absurd things the US does - the Patriot Act, Obama's "bailout" plans, that nobody ever reads, but people vote on.

  • Re:Shame (Score:4, Insightful)

    by AvitarX (172628) <me&brandywinehundred,org> on Friday April 03, 2009 @11:07AM (#27445305) Journal

    And shame on those whom left early to have off, whatever the custom may be.

    I mean, if I am involved in a meeting at work, and it is my job to attend the meeting, and even vote about the discussed subject, even if it's next week, I stay and do my job. Of course lawmakers have a special kind of work ethic.

  • Truth is... (Score:2, Insightful)

    by fredklein (532096) on Friday April 03, 2009 @11:09AM (#27445357)

    The people who showed "contempt for the democratic process" were the people who left early.

  • Re:Shame (Score:2, Insightful)

    by fuzzyfuzzyfungus (1223518) on Friday April 03, 2009 @11:11AM (#27445381) Journal
    Your line of thinking takes one down a fairly dangerous road. While it is certainly a good idea to build in safeguards where possible, and make sure that contracts are specific, and so forth, that isn't really sufficient.

    For systems of real world complexity, it is virtually impossible to eliminate loopholes. Worse, the attempt to eliminate them tends to impose costs of its own(extra paperwork/procedure, onerous restrictions intended to prevent edge cases, and so on). It is extremely difficult, if not impossible, to write rules restrictive enough to restrain actors in bad faith without horribly restricting actors in good faith. Furthermore, the more complex a ruleset is, the greater the risk of loopholes and/or internal contradictions emerging.

    Rule of law is a good thing; but a society heading down the path of "All that is not strictly and precisely forbidden is licit" is too sick to survive.
  • Re:Shame (Score:5, Insightful)

    by sjames (1099) on Friday April 03, 2009 @11:13AM (#27445419) Homepage

    The problem in France is similar to some of the shenanigans we see in the U.S. The rules were put in place with the idea that the participants in the debate and vote were dedicated to democracy and the best interests of their respective nations. In the end, they're honor systems.

    These days, that assumption just doesn't hold true often enough for the rules to work like they're supposed to. Too many in the legislatures have no honor.

    We have much the same problem in contract law. Much of the law includes various 'reasonable person' tests. Unfortunately, corporations aren't real people (even if the law grants them a fictional personhood) and they are not reasonable (literally, ever tried to call up a corporation and reason with it?)

  • Re:Shame (Score:5, Insightful)

    by notarockstar1979 (1521239) on Friday April 03, 2009 @11:14AM (#27445433) Journal
    Yes, shame on the faulty system. However, just because something is done to the letter of the law doesn't mean it's done with the spirit of the law in mind. Of course this may be EXACTLY the kind of thing this loophole was designed for.

    Is there any way they can retract it during a vote next week when they thought they were going to vote for it? I don't know how French law works.

    While I agree with most of what you're saying (even if I don't agree with where most of the blame goes), I don't know that I agree with the following:

    So shame on those living in France expecting anything different from their dumb system.

    If you are born somewhere, sometimes it is difficult to leave. Some people just don't have the resources or skills to leave a country and start a new life somewhere else (I know I'm finding it pretty difficult right now). What other choices do they have if the politicians don't listen to the people?

    The EU will probably shut this down anyway. We'll just have to see.

  • by fuzzyfuzzyfungus (1223518) on Friday April 03, 2009 @11:14AM (#27445445) Journal
    Don't forget: Shame on the worthless motherfuckers who stayed and voted aye. Sarkozy is a prick; but 12 people in that room last night were the ones who actually made a mockery of the process of representative democracy.

    In a juster world, they would be hanging from the lampposts this morning.
  • Re:Shame (Score:5, Insightful)

    by JCSoRocks (1142053) on Friday April 03, 2009 @11:14AM (#27445451)

    Of course lawmakers have a special kind of work ethic.

    Yeah... the kind where you only work for a few months every couple years when you're up for election. :-/

  • Quorum (Score:5, Insightful)

    by PMuse (320639) on Friday April 03, 2009 @11:21AM (#27445599)

    A country with a 577-member body that allows 16 people to constitute quorum? If that's actually the case, that country deserves what it gets.

    Say it ain't so.

  • Re:Shame (Score:3, Insightful)

    by lymond01 (314120) on Friday April 03, 2009 @11:30AM (#27445757)

    You can sue and let a judge decide. That's why they're there: to interpret the law and shove the loopholes up people's rears. There's the letter of the law, then there's what it's meant for -- you can't legislate out all human error, but when someone tries to exploit that error, you have courts to help you out.

  • Re:Truth is... (Score:1, Insightful)

    by Anonymous Coward on Friday April 03, 2009 @11:34AM (#27445821)

    After a 30 hour discussion? Bullshit.

  • Re:Shame (Score:4, Insightful)

    by ShieldW0lf (601553) on Friday April 03, 2009 @11:38AM (#27445883) Journal
    Yes, shame on the faulty system. However, just because something is done to the letter of the law doesn't mean it's done with the spirit of the law in mind. Of course this may be EXACTLY the kind of thing this loophole was designed for.

    Perhaps it's time to recognize that contracts and the laws that support them are contrary to a free and democratic society. If we dominate each other through trickery and exploitative contracts, how is that better than dominating each other through violence and force of arms?

    Power in the modern world comes from directing the efforts of the society of which we are a part. If that power that comes from leverage rather than the abiding support of the people that make up the society, it is tyranny. Contracts are the mechanism by which that tyranny is enforced. They are the mechanism that has been used to turn us against ourselves and cause us to labor relentlessly for arbitrary and wasteful things while the important things are being neglected and allowed to fall apart.

    We will not see things improve until we rectify this situation. Though, realistically, chances are good we will die before our time in this bed we have made without ever having even tried, and protest how unfair life is.
  • More information (Score:5, Insightful)

    by krappie (172561) on Friday April 03, 2009 @11:38AM (#27445895)

    What this slashdot post needs is:
    1. A description of the law that was passed. 'three strikes and you're out' isn't very descriptive. I'm assuming it has to do with file sharing and cutting off people's internet connections?

    2. How many deputies were supposed to be there? 18? 100? 300?

  • Re:Shame (Score:5, Insightful)

    by FredFredrickson (1177871) * on Friday April 03, 2009 @11:39AM (#27445905) Homepage Journal
    Actually, the take-it-or-leave-it problem is very similar with countries.

    I'd be hard pressed to change the country, in the same way I'm hard pressed to make an insurance company give me good benefits. But it seems all insurance companies are equally as scammy, and I'm having a hard time finding a country I want to live in that isn't just as much suck as this one.

    So, yes, the government is like insurance. It never pays out, and no matter where you go, you'll get screwed.
  • nothing changes (Score:2, Insightful)

    the fallacy is in thinking that the government has any ability to enforce the laws they create on the topic of intellectual property. any law in regard to file sharing is akin to trying to herd cats two states over: does anyone really think that some chinese or russian or brazilian teenager with a broadband connection is aware, or even cares?

    and if they don't, then for western teenagers in western nations with retarded intellectual property laws, its simply a matter of dipping into this transnational bounty of filesharing that is forever beyond the reach of idiotic national laws

    so go ahead france, australia, the usa: pass your ridiculous 3 strikes law, dmca, whatever. who fucking cares?

    intellectual property law was a gentleman's agreement from a dead era when there were only a few publishers (oh, you thought ip law was for the benefit of creators? ha!). but now ip law is now a conceptual dinosaur in the age of the internet. western nations depend heavily on the idea of intellectual property. well: get used to losing the concept

    all that has to happen, all that is going to happen over the next few decades is that western nations have to get used to the extinction of intellectual property law as an enforceable concept in the age of the internet

    when someone loses something dear to them, they go through 5 stages of grief. the first stage is denial. that is where western legal systems are now at in reliation to the death of intellectual property law as a valid, enforceable idea

    its over

    ip law is dead

    everyone just shrug at france. the laws you see passed will get only more ridiculous and more desperate in the west, until finally a critical mass of legislators in western nations begin to wake up and take notice that its all just a giant fucking joke

  • Re:Shame (Score:4, Insightful)

    by commodore64_love (1445365) on Friday April 03, 2009 @11:59AM (#27446255) Journal

    Proposed amendment: "Congress shall make no law respecting an establishment of a corporation, nor granting rights to same. All rights shall be reserved to the People as individuals. Congress shall accept no donations but from the People." (Or some variant thereof.)

    That would put an end to the nonsense that corporations are people. The individuals within the corporation such as Gates, Ballmer, and the sundry employees will have rights to free speech, free press, et cetera, but not Microsoft the corporation. Hopefully this law would also block the buying-out of Congressmen by corporations.

  • by NotNormallyNormal (1311339) on Friday April 03, 2009 @12:13PM (#27446503)

    You do realize that if your suggestions were taken into account, it is likely that important bills would not get passed because it would take FAR too long to do so. For example, bills to amend the criminal code or a bill for protecting the Arctic waters from pollution.

    I certainly agree with your third point however. The bill should only deal with 1 subject matter and amendments to the bill should only be related to that subject matter.

  • Re:Contempt? (Score:4, Insightful)

    by mortonda (5175) on Friday April 03, 2009 @12:23PM (#27446657)

    I have seen Brits and Swiss jerks leave their office at 5:00pm while I stayed at my desk until 10:00pm past.

    Hmm, and who exactly is the winner here?

  • Re:Contempt? (Score:3, Insightful)

    by Noryungi (70322) on Friday April 03, 2009 @12:24PM (#27446669) Homepage Journal

    And you haven't read a single word of what I posted, right? Lame.

    From the same article you dismissed:

    Longest hours worked in Europe (31 countries surveyed)

    1 Turkey: 54 hours; 29 UK: 35 hours (EU average: 39 hours)

    UK is 29th out of 31 countries surveyed.

    I rest my case.

  • Re:Shame (Score:4, Insightful)

    by Tuoqui (1091447) on Friday April 03, 2009 @12:32PM (#27446805) Journal

    It's time to shoot the French Secretary of State. Someone man up and take the bastard out. It is your patriotic duty otherwise you're just living under another monarchy that changes every what is is 4 years.

  • Re:Shame (Score:2, Insightful)

    by jackspenn (682188) on Friday April 03, 2009 @12:33PM (#27446817)
    I can see it now, they pass a law requiring 70% to be present for a vote.

    Then there is a bill the minority opposes, the minority happen to be 31%, so they never show up for the vote.

    Effectively the same move in reverse.

    The change in law did not remove a problem it just twisted it.

    You cannot legislate morality.
  • by nyctopterus (717502) on Friday April 03, 2009 @12:36PM (#27446873) Homepage
    Oh please, if this was a just law, they shouldn't have to resort to such trickery to get it passed.
  • by billscott122 (933400) on Friday April 03, 2009 @12:37PM (#27446899)
    The translation says, "While the vote was not expected until next week, the few members in the chamber at the end of the discussion on the Creation and Internet law ..." Wouldn't a Creation and Internet Law be all about copyrights and author-created materials being published on the internet? I don't see where this is about "three strikes and you're out." Surely someone out there knows more than we've been told by this article.
  • Re:Quorum (Score:5, Insightful)

    by mzs (595629) on Friday April 03, 2009 @12:54PM (#27447251)

    They did call a quorum, at the beginning of bringing it to the floor, with 500+ members present, almost 41 hours before the vote, then they were told the vote would be first thing next week, so almost everyone went home. Sadly in France there is no easy way for a member to force a quorum call at a later point. This was an abuse of the rules.

  • Sarkozy (Score:5, Insightful)

    by the eric conspiracy (20178) on Friday April 03, 2009 @12:57PM (#27447287)

    Does anyone find it amusing that after all the ridicule the French heaped on Americans for electing Bush that they went and elected somebody even worse?

  • Re:Shame (Score:2, Insightful)

    by syzygie (125423) on Friday April 03, 2009 @01:09PM (#27447527) Homepage

    What is even more worrisome is the opinion expressed by at least one deputy during the debate that of course it is acceptable to remove someone's internet access because having access to the internet isn't even close to being a basic right. This comes shortly after the European Parliament stated that internet access is a basic right, like the right to education.

    Witty comments about the accuracy of Wikipedia aside, the internet is becoming the norm for getting information about the world, such as seeing what your elected representatives have been getting up to while you were asleep.

  • by Anonymous Coward on Friday April 03, 2009 @01:17PM (#27447693)

    This is exactly the reason I won't buy a house that is subject to a HOA, what part of "MY PROPERTY" do these tin dictators not understand.

  • Re:Shame (Score:3, Insightful)

    by TubeSteak (669689) on Friday April 03, 2009 @01:22PM (#27447777) Journal

    Contracts are the mechanism by which that tyranny is enforced. They are the mechanism that has been used to turn us against ourselves and cause us to labor relentlessly for arbitrary and wasteful things while the important things are being neglected and allowed to fall apart.

    First of all, despite your eloquent language, you provide no facts or examples to support these assertions, which makes them no better than a poorly written rant.

    What are these "arbitrary and wasteful things" we "labor relentlessly for" and what "important things are being neglected and allowed to fall apart"? That's so generic as to mean anything.

    Secondly, Western societies have flourished because of their ability to enforce contracts in an (almost) corruption free legal system. Visit a developing country and you'll discover that justice in general (and enforcement of contracts in particular) is usually an arbitrary and capricious thing frequently decided by wealth, bribes, &/or connections.

    Perhaps it's time to recognize that contracts and the laws that support them are contrary to a free and democratic society.

    What's your alternative?
    Handshakes all around?

    The only thing -1 Uncomfortable about your Truth is its lack of substance.
    Sometimes I wonder how such claptrap gets modded up.

  • Re:Shame (Score:3, Insightful)

    by Vintermann (400722) on Friday April 03, 2009 @01:30PM (#27447931) Homepage

    A pity the judicial branch is the least democratic, least accountable branch of government.

  • Re:Shame (Score:4, Insightful)

    by CodeBuster (516420) on Friday April 03, 2009 @01:41PM (#27448095)

    Clothesline are very ecologically friendly.

    What a wonderful excuse for any wrong doing. Can I have your car towed away and crushed because driving is ecologically un-friendly?

  • Re:Shame (Score:1, Insightful)

    by Anonymous Coward on Friday April 03, 2009 @03:29PM (#27449823)
    And you're just the kind of jerk I wouldn't want to live near. It's his property. Everything you're complaining about seems like a perfectly reasonable thing for him to do on it.
  • Re:Shame (Score:1, Insightful)

    by Anonymous Coward on Friday April 03, 2009 @03:32PM (#27449857)

    Really? Disconnecting people after 3 warnings is disproportionate to the 'crime', but the answer to a sneaky gov't dude is to *shoot* him? Really?

    I'm no more a fan of disconnecting people than the next guy (unless that next guy is a head honcho at RIAA/MPAA/etc., but as soon as you take that whole soapbox-ballet box-jury box-ammo box, skip the first three and go straight to 4, you're part of a far bigger problem.

  • Re:Shame (Score:3, Insightful)

    by Brandybuck (704397) on Friday April 03, 2009 @05:48PM (#27451827) Homepage Journal

    This is nothing new, it's been around since about 3271 B.C. when the first guy realized he could flatter the priest-king to gain political privilege. Here's a big cluestick for all of you: Government is comprised of mortal human beings! They aren't divine beings, they aren't angelic beings, they aren't even superior beings. They are mere human beings with all the ills, foibles an failings that come with being human beings.

    The problem is not that we have self-serving human beings in office, the problem is that WE have the naive expectation that they will not be self-serving. We need to stop wasting our time trying to vote the "right people" into office, and start limiting the power of the wrong people who do get in.

  • Re:Shame (Score:4, Insightful)

    by Fulcrum of Evil (560260) on Friday April 03, 2009 @09:24PM (#27453753)
    The founding fathers did, on occasion, state that having a proper level of fear for the electorate was a healthy thing.
  • Re:Shame (Score:4, Insightful)

    by sjames (1099) on Saturday April 04, 2009 @12:34AM (#27454853) Homepage

    Of course, that's also been a long time excuse for racism. I don't have nothin' personal against them but when they move in, property values go down. Replace them and they with just about any minority.

    I realize that not liking clotheslines is not racism, but it can be argued that it is a sort of classism. To some, clotheslines represent the lower class, so they don't want them in their neighborhood.

When I left you, I was but the pupil. Now, I am the master. - Darth Vader

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