The Graduated Response Came, Saw, and Is Far From Being Defeated: Recent Developments in the European and American Landscapes

80 Pages Posted: 12 Jan 2014 Last revised: 25 Jan 2015

See all articles by Thomas Dubuisson

Thomas Dubuisson

George Washington University - Law School

Date Written: August 12, 2011

Abstract

Since 2001, a fight against online music piracy has been launched by music industries and governments all over the world. As a result of the development of new technology and the digital revolution, copyright theft/digital piracy is rapidly growing. The consequence is that “music copyright laws” need to be rewritten almost everyday. So, through force of circumstances, copyright law has always been left behind to deal with the impact of the rapid advancement of technology. In 2011, Time Magazine stated that “all over Europe, legal efforts to battle piracy are proving imperfect and ineffectual.”

The aim of this contribution is to determine whether or not this “battle” is almost over. Even if not all European countries have adopted the graduated response, it seems – for the moment - to be the predominant (and only?) solution. In other words, a filtering solution that might be used by Internet services providers (ISP) and a specific authority to send warnings to people who upload and download protected works by copyright and neighbouring rights to and from peer-to-peer networks. We will, more precisely, clarify if the European and American graduated response regimes are a good solution to end online music piracy. In Europe, different countries give the impression they will match the French model. But is this model really reliable? Has it not already been surpassed since it was created four years ago? In the United States, a new weapon known as the “six-strikes rule” - with the cooperation of the Record Industry Association of America (RIAA) and the ISP - is being created, but not without consequences on the future of copyright law.

Keywords: Napster, Peer-to-peer, file sharing, BitTorrent, graduated response, digital piracy, Hadopi, strikes system, Antipiracy law

Suggested Citation

Dubuisson, Thomas, The Graduated Response Came, Saw, and Is Far From Being Defeated: Recent Developments in the European and American Landscapes (August 12, 2011). Available at SSRN: https://ssrn.com/abstract=2377696 or http://dx.doi.org/10.2139/ssrn.2377696

Thomas Dubuisson (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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