Since yesterday morning, the “awareness campaign” of the High Authority for the Distribution of Works and Internet rights protection is turned on. Tens of thousands of “explanatory leaflets” were distributed in the vicinity of highway tolls. This operation will last until tomorrow evening and will then be repeated the next weekend (27 to 29 August).
As we explained yesterday, delivering our first observations, this operation is to prevent back from vacation French hazards caused by illegal downloading. In all, according to the press release, about 830,000 people are expected to be potentially affected by the brochure. But this operation is it legal?
On Twitter as on our forums, several observers put into perspective the campaign against the traffic. In its regulatory part, Article R412-52 explains in the field of “disturbing traffic” that “giving away or make distributing flyers, leaflets, writing, images, photographs or any objects to drivers or vehicle occupants traveling on an open to public traffic route is punishable by a fine for offenses of the fourth class.”
According to the document (.pdf) Road Safety detailing the “major traffic fines and sanctions”, a fourth class fine for such a disorder rises to 135 euros (minus the amount increases to 90 euros plus the fine flat is 375 euros).
This departure, if confirmed, is expanding the list of violations of the High Authority. Earlier this year, the first official logo of the administrative authority resumed a typeface protected by an exclusive business license. At the time, the agency in charge of this work had invoked a “mistake of computer manipulation.” Then a new logo was finally unveiled a few months later, this time in compliance with intellectual property.
Last month, the authority responsible for enforcing intellectual property is again illustrated. On 27 July, the decree specifying the proceedings before the Rights Protection Commission (DPC) was published in the Official Journal. Or it violates the Code of Criminal Procedure, by not informing the public prosecutor while the law rightly imposes systematic transmission.
The distribution of leaflets was the first real action of the High Authority to the public. But hardly she started it already hit the seal of illegality. But a law was a chaotic legislative process, it is hardly surprising.