[x-pubpol] France weighs change in piracy law

[Joly MacFie]

http://www.variety.com/article/VR1118056840

By JOHN HOPEWELL, ELSA KESLASSY

<snip introduction>

Francois Hollande, who ousted Sarkozy in the May 6 elections, said during
the campaign that he intended to abolish Hadopi's "graduated response"
clampdown on consumer pirates. He vowed instead to fight "commercial
piracy" -- illegal websites -- and support funding to help online platforms
become competitive.

The next step is industry consultation.

On July 20, former Canal Plus head Pierre Lescure received formal
instructions from France's new government to head a months-long revision of
France's anti-piracy regime.

If the punitive aspect of the Hadopi law is overturned or modified, that
may influence other countries, notably the U.S. and U.K., that are battling
to introduce comparable laws.

The U.S.' new "six strikes" law, for instance, serves violators six notices
before threatening to slow, not cut, Internet service, but it has no
government agency behind it. Major U.S. Internet providers -- AT&T, Verizon
and Comcast, which is also a content provider -- have signed up voluntarily
to the scheme.

Oliver Dock, VP at the Motion Picture Assn., says abandonment of Hadopi's
graduated-response strategy would represent a retreat in battling piracy.

Lescure will begin consultation at the latest in September, and draw up
proposals for reform by March 2013. He maintains that France's digital
regime must be updated for a new age. "That means consultation with the
European Commission, some European countries, and we hope for a lot of
collaboration with the U.S.," he says.

The challenge, he says, isn't just piracy, but the nature of the Internet
and digital platforms themselves. He says France is "way behind" in
attracting consumers to legal sites, and says it must improve the quality
and quantity of those sites.

Punishing consumers, he adds, misses the point, and is "menacing": "You can
hit illegal sites when you want, but Internet access denial will set the
international Internet community against you. It's like cutting off the
water or gas."

>From October 2010 to December 2011, Hadopi served 755,015 notices to
consumers who used the Internet to infringe copyrights. More than 90% of
those warned did not register further illegal behavior in the next six
months, according to a Hadopi source.

Hadopi has yet to cut off anybody's Internet access, though it is studying
340 cases that it feels merit prosecution.

According to a Hadopi source, the main problem is the difficulty in
distinguishing legal and intentionally illegal usage regarding online
downloads and streaming. Hadopi is working on establishing better data.

<snip a bunch of metrics on HADOPI's effectiveness.

One thing is certain. Lescure's job is no cakewalk. Most of France's
entertainment industry is reserving judgment on the Hadopi review until the
government's intentions are fully known. But, when questioned, senior
players are often vocal.

Rather than targeting consumers, some advocate punishing websites that
allow pirated content, and would shut them down after repeated warnings.
Others see the devil in the details.

"Those who claim the graduated response violates liberties only think about
votes: After all, Internet users represent a large number of electors,"
says Pascal Rogard, managing director at France's Society of Dramatic
Authors and Composers. "It's easy to condemn the Mafia, it's another thing
to go after individuals." What: France's anti-piracy law punishes
individuals who are repeat offenders.

The takeaway: The U.S. and U.K., considering similar laws, are watching as
the new Gallic regime vows to change the punitive aspects of the reg.




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