Fighting Consumer Piracy with Graduated Response: An Evaluation of the French and British Implementations

Abstract

The aim of this article is to assess the graduated response systems implemented in France (HADOPI) and in the U.K. (Digital Economy Act) to reduce consumer piracy. After examining the rationale of graduated response and outlining the requirements for a successful implementation, a detailed presentation of the French and British systems is given. This is followed by an assessment of the two systems (both from theoretical and practical standpoints). While the French system is found to fulfil more requirements, the British system reflects a more cautious approach that involves a 'double' graduated response. The costs of both implementations are then investigated. The article ends with concluding remarks related to the worthiness of graduated response, the potential problems caused by technological issues and the timeliness of such policies.

Keywords: Consumer piracy, graduated response, intellectual property rights, public policy, HADOPI, Digital Economy Act