by FMC Policy Intern Cody Duncan image: Môsieur J., under Creative Commons license
In June 2013, we discussed an emerging report that the French government was considering repealing portions of its HADOPI law, commonly referred to as “three-strikes.” The report suggested, among other things, eliminating the most aggressive (and controversial) portion of its anti-piracy provisions, which subjected users to suspension of Internet service after two infringement violations. While French officials were quick to point out that the report was merely a report of suggestions, it now appears that the suggestions were taken seriously, and the proposed changes have been enacted.
Post authored by Policy Intern Cody Duncan and Legal Intern Satie Munn
As reported by the New York Times, it appears that the French government is taking steps to make changes to HADOPI (known by its French acronym) — the agency charged with enforcing the country’s “three strikes” anti-piracy regime.
In an effort to crack down on digital media piracy, France passed legislation in 2009 imposing substantial penalties on citizens who engage in illegal file sharing. Under this legislation, users receive two warnings regarding their alleged unlawful behavior with a third offense potentially resulting in suspension of their internet service for two months to a year.
Four years later, the law (as it stands) may be in jeopardy. If reports are to be believed, French President François Hollande intends to shutter HADOPI and reduce the penalties associated with digital media piracy. One report prepared for the government suggests implementing a €60 ($78) fine for repeat offenders rather than disconnecting their Internet access. The French minister in charge of Internet policy, Fleur Pellerin, supports such a change, saying, “Today, it’s not possible to cut off Internet access. It’s something like cutting off water.”
FMC’s Casey Rae will participate in a panel discussion on digital copyright enforcement during the World Creators Summit in Washington, DC from June 4-5 (our session is at 11:30 AM on Wednesday, June 5). Interestingly, the conversation also includes Sarah Jacquier, Director of Legal Affairs of HADOPI. This is in addition to Jill Lesser, Director, Centre for Copyright Information; Satoshi Watanabe, Deputy General Manager of General Affairs Bureau, JASRAC. Helienne Lindvall, songwriter, musician and Music & Media Columnist for The Guardian, will moderate.