If some believed to see yesterday with the publication of a decree in the Official Journal, a new episode in the battle between Free and Hadopi, it was above all about repairing a major oversight.
Indeed, this decree which amends Article R331-37 of the Intellectual Property Code quite simply makes it possible to ensure what was not provided for in the previous text: that ISPs have the obligation to transmit to subscribers violating the messages of the Hadopi commission. Without this additive, it was the commissioning of Hadopi that could have suffered some misfires.
The real heart of the confrontation between Frédéric Mitterand and Xavier Niel is the amount of compensation that Free claims for each customer identification. Current texts provide for an amount of 0.65 € / unit in the event of identification in number. This is the amount that Xavier Niel mentions and that the Minister refuses him for the moment.
Are Free’s lawyers correct in claiming that they are in their right on this claim?
How much could Hadopi cost in this case?
Interview with Maître Emmanuel Sordet from the Cabinet Granrut Avocats