France

The French government brought in a law for measures to enforce copyright, which is officially called the Creation and Internet law, but colloquially referred to as the Hdaopi law ( loi Hadopi), and which have been dubbed " 3 strikes and you're out!" Warnings will be sent to thousands of users accused of copyright infringement (delivered by ISPs to their customers on behalf of the copyright owners) and penalties will include termination of Internet access. The proposals were first put forward by the 'Mission Olivennes', and commission headed by Denis Olivennes, former head of the French retail chain called the Fnac. The law passed through the French legislature in 2009.

The French law is supervised by a government body known as the Hadopi. It is mandating changes to computer security software which effectively entail mass surveillance of Internet users. Those behind the measures are the private corporations (entertainment and music companies who own large libraries of copyright material), who will look for users alleged to be downloading files without payment or permission.

The progress of the Hadopi measures is of interest to other EU Member States, some of whom are thinking about implementing similar copyright enforcement provisions.

My paper The French law on Creation and Internet – using contract law to squash file-sharing is available here.

Hadopi budget to be slashed as French review 3-strikes

Monica Horten

Published on 03 August 2012

But will it get the chop? That is the big question.

The budget for the Hadopi, the French State-run administrative body that oversees the 3-strikes measures, looks set to be cut as the new government seeks financial savings. The budget cuts put the future of the 3-strikes measures into question. They could indicate that the Hollande regime is not so enamoured of the graduated response and is prepared to stand up to the copyright industries. In tandem, Hadopi’s progress will be examined by a government review that is due to report next March.

Will President Hollande strike out Hadopi?

Monica Horten

Published on 27 May 2012

France's 3-strikes law, also known as the Hadopi law, is to be revised. It's one of the first policy initiatives announced by the new French president, François Hollande. But exactly what is planned for Hadopi is not yet clear. There will first be a consultation, and in the meantime the existing 3-strikes measures wll continue.

Hadopi – has it massaged the numbers?

Monica Horten

Published on 31 March 2012

The Hadopi – the French public authority in charge of the 3-strikes measures – released statistics last week, claiming a massive success. Indeed, the figures for the apparent reduction in unauthorised copying have been praised by President Sarkozy himself. But analysis by the French newspaper Le Figaro, and the technology website Numerama, suggests that the numbers have been massaged to support the President’s political position prior to the elections.

About Iptegrity.com

Iptegrity.com is the website of Dr Monica Horten, independent policy writer and Visiting Fellow at the London School of Economics & Political Science. She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity offers expert insights into Internet policy. Iptegrity is read by lawyers, academics, policy-makers and citizens, and cited in the media. Please acknowledge Iptegrity when you cite or link. For more, see IP politics with integrity