The authority welcomes the progress of its business. But she is caught in a legal imbroglio after the dismissal, suspended by the court, its former secretary general Eric Walter.
The Hadopi continues its Action against the odds. The fight against piracy authority made this Wednesday, November 25 its fifth annual report. “This is actually the first not to turn on or off a controversy”, explained in his introduction president Marie-Françoise Marais, whose term ends this year.
It was not to mention the report of Senator Jacques Mézard, published in late October, which advocates the abolition of the institution, a study that shows that the action of Hadopi benefits to American cinema more than french, calling Xavier Bertrand to do authority a wrestling body against online jihadism, and especially the legal tangle in which Eric Walter, then general secretary, was dismissed, reinstated by the administrative court then immediately suspended from office.
At the press conference held on Wednesday, the name of Eric Walter, fired in the space of a week after five years in office, was not delivered. And for good reason: it is persona non grata to Hadopi. Licensee early July for “incompetence”, he won the case to the Administrative Court, which suspended the decision and ordered her return to the institution. But early last week, when he had not set foot in the offices of the street of Texel, he was notified of the suspension from office. “It’s been four months that I am immersed in this event and I am terribly bruised,” says the Le Figaro the person concerned. In the report that was just released, he finds work incurred. “We institution welcomes to be a point of dialogue between users on one side and the copyright of another. (…) It’s been a huge part of my work. I am proud of this report, in some way, “said Eric Walter.
” A disproportionate sanction “
To explain the dismissal of the Secretary General, there several assumptions. As NextInpact recounts, Hadopi and his lawyer have expressed strong internal tensions within the institution, which mainly between the Secretary General and Mireille Imbert-Quaretta, President of the rights protection commission, the branch of ‘Hadopi in charge of the famous three strikes. At the root of the conflict, an audit commissioned by Eric Walter in a context of limited budget and without having informed his colleague. From there, the relationship soured and would Hadopi made some additional complaints against Eric Walter: for example an email “unacceptable” sent to the President, “a lack of confidence (…) attributed to bullying. ” Eric Walter acknowledges mistakes, but believes that his “dismissal was a disproportionate penalty.” He cites as evidence, the judgment of the Administrative Court.
Some observers suggest, in turn, a more political dismissal. Eric Walter, pushing initiatives that did not go in a repressive sense, has indeed drawn the ire of right holders. His study report on the “remuneration proportional sharing,” which could have the effect of legalizing (and regulate) some illegal actors sharing works wrong side of the cultural industry. Nicolas Seydoux, President of Gaumont and the Association for the Fight against Piracy Audiovisual, had described his behavior as “unspeakable”, accusing him of “tap on the back of the right holders”. Yet Eric Walter himself refuses the hypothesis of a dismissal under the pressure of the cultural industry. “If it was for political reasons, it would not have done for unlawful dismissal,” he analyzes.
“We held good”
In these circumstances, Marie-Françoise Marais gives a very positive assessment of the last year of the High Authority. She applauded the “survival” of his institution. “Replaced, removed, transferred, asphyxiated, was held good,” she proclaimed. The Rights Protection Commission now says can process 75,000 files per day. In all, nearly 4.9 million first recommendations which were addressed to 361 file transmissions prosecutor. Marie-Françoise Marais, who finishes his term this year, wants to give Hadopi a bigger role in preventive matters. The President highlighted the work of its teams to ensure comprehensive legal tender, as the establishment of a VOD catalog open data. The Hadopi has also led several studies on video games dematerialized (Steam, Playstation Store) or Wawacity download forum. The institution was also consulted by Europe to the establishment of a legal offer portal across the Union.
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