Despite the negative ruling of the French Constitutional Council, the French government has decided to launch the HADOPI. Thus, this authority may use the first two levels of the graduated response:
- sending mails to supposed infringers
- sending registered letter for cease and desist in the event of second offence.
Of course, HADOPI will not be able to escalate to the last level: banishing from the Internet. For this last level, there were mainly two choices (if resuming the same repressive strategy):
- Ask a judge to pronounce the Internet banishment. This track would have been more time and money consuming.
- Define another penalty
The government has chosen this second strategy. It will propose new penalties for the infringers. I am not sure that it solves the second issue presented by the French constitutional Council, i.e., that HADOPI has to prove the guilt.
Until the penalties are defined (and approved by the Chambers), the French graduated riposte may not frighten many P2P sharers.
Thus, the story continues…