February, 2

We can already imagine a lot of things about the consequences of the HADOPI act, but what is sure is that the procedure will be based on IP addresses lists coming from a network scanner, responsible for identifying potential offenders. What is not yet known is the technical operating mode of this scanner, its real capacities and especially the guarantees of reliability that it will provide, mainly in case of false positive.

And knowing that this monitoring will be only executed on the traditional p2p networks, basically eDonkey and Bittorrent, is it enough to stop using these two P2P tools to avoid a possible penalty ... ?

Not only this surveillance will not prevent pirates to get smuggled music or films through other means that the p2p, such as streaming or a direct-download link, but the law abiding users are not really protected, since in some cases it's yet possible to use an ip address without the knowledge of its true owner.

Claiming about possibilities of usurpation or falsification of IP addresses, or about piracy of wifi equipments or even the possible presence of a malicious processus concealed within the involved pc, to be cleared of the offense of another user is useless because swept by a wonderful innovation of the HADOPI act : The offense of non securing its internet access.

And so, HADOPI proposes a solution wich will allow users to secure their internet access by installing a "security software" on their machines. Unfortunately, this kind of software could be effective only if placed on the internet gateway, ie the box or router provided by the ISP. However, if such software existed, it would be probably very difficult to convince equipments manufacturers to use it in their products....

The police forces who fight against cyber pedophiles activities have similar problems to solve and to avoid any doubt about the responsibility of a presumed guilty of pedo pornographic downloads, they systematically perform a physical search to examine the involved machine. However, for a mp3 file or commercial movie, it would seem that we could easily to do without this step, deemed necessary to qualify the case of more serious facts, but quite similar in their technical aspects..

Our conviction about the HADOPI act is done since a long time and we believe this law raises so many legal and technical issues and it is very likely that it can never be applied without being fully contre productive in its result..

The peerates who use the eDonkey network to distribute or to download free files should not feel worried about this network monitoring, as it remains perfectly legal to use it with free and licit contents.

still for now ...

Jean roger S.