Fighting consumer piracy with graduated response: an evaluation of the French and British implementations

Is Online Copyright Enforcement Scalable?

“…217 The body, HADOPI, 218 was to be responsible for implementing a graduated response system in which three warning letters would be followed by a suspension of the accused subscriber's Internet access for a maximum of one year. 219 Debate over the bill was intense both inside and outside the French parliament, with the greatest degree of controversy surrounding privacy and due process suspended. 229 If the judge determines that the infringement was the result of a negligent failure on the subscriber's part to secure his or her Internet connection, the suspension is limited to one month.…”

“…226 To protect the accused subscriber's privacy, HADOPI forwards the notice to the subscriber without disclosing his or her identity to the copyright owner. 227 If a subscriber is alleged to have infringed on a second occasion within six months of receiving the first notice, HADOPI forwards a second notice. 228 If a third infringement is alleged within a year of the second notice, HADOPI refers the matter to a prosecutor, and a judge can order the subscriber's Internet access…”

A Survey of Graduated Response Programs to Combat Online Piracy

“…Much of the research is found in journals focused on business, law, or technology. Many researchers have taken an in-depth look at the implementation of graduated response programs in only a single country, such as Bomsel and Ranaivoson, 26 Meyer, 27 and Danaher, Smith, Telang and Chen 28 who all focus on France, Suzor and Fitzgerald 29 on Australia, Moreno 30 on the U.K., Wan 31 on Hong Kong, and Yu 32 and Bridy 33 on the U.S., while others focus on only two or three countries, such as Rayna and Barbie 34 on France and the U.K., and Bridy 35 on France, Ireland, and the U.S. Researchers such as Haber, 36 Yu, 37 Suzor and Fitzgerald, 38 Bridy, 39 and Moreno 40 explored the due process implications of graduated response programs, and other related questions regarding the principles of proportional justice, privacy, and fairness.…”

Pricing music using personal data: mutually advantageous first-degree price discrimination

“…Likewise, 'three-strike' laws, which have been adopted in some countries (e.g. France, New Zealand, United Kingdom), have also proven generally ineffective because they do not tackle the question of incentives (Rayna and Barbier 2010).…”