[x-pubpol] Rebecca Giblin - Evaluating Graduated Response

[Joly MacFie]

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322516

It has been more than three years since the first countries began
implementing 'graduated responses', requiring ISPs to take a range of
measures to police their users' copyright infringements. Graduated
responses now exist in a range of forms in seven jurisdictions.
Right-holders describe them as 'successful' and 'effective' and are
agitating for their further international roll-out. But what is the
evidence in support of these claims?

After providing a detailed snapshot of the structure and application
of graduated response schemes in France, New Zealand, Taiwan, South
Korea, the U.K., Ireland and the U.S., the paper synthesizes the
available evidence regarding the efficacy of the various arrangements,
and then evaluates the extent to which they are actually achieving the
copyright law’s aims. Of course, as the work acknowledges, it is
impossible to identify any one unifying target or rationale.
Accordingly, the paper evaluates the extent to which the global
graduated response is helping to achieve any of several distinct aims
that are often put forward to justify the grant and expansion of
copyright (while being agnostic as to which, if any, should be
preferred). Thus, it asks:

1. To what extent does graduated response reduce infringement?
2. To what extent does graduated response maximize authorized uses?
3. To what extent does graduated response promote learning and culture
by encouraging the creation and dissemination of a wide variety of
creative materials?

The analysis demonstrates that, judged against these measures, there
is little to no evidence that that graduated responses are either
'successful' or 'effective'. The analysis casts into doubt the case
for their future international roll-out and suggests that existing
schemes should be reconsidered.

The analysis demonstrates that, judged against these measures, there
is little to no evidence that that graduated responses are either
'successful' or 'effective'. The analysis casts into doubt the case
for their future international roll-out and suggests that existing
schemes should be reconsidered.


Paper: http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2322516_code656650.pdf

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