Hadopi wants to turn to privatised enforcement measures

By EDRi · March 13, 2013

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Deutsch: [Hadopi für eine Privatisierung der Rechtsdurchsetzung |]

The French anti-piracy authority Hadopi has produced a new report on how
to fight illegal streaming and downloading of copyrighted material.

This is probably an attempt of ensuring its future as, since its
installation in 2009, the authority has not yet proven its efficiency
with the so-called three-strikes system, in terms of revenues to the
culture industry, and has already cost France tens of millions of euros.

“Some Internet sites, streaming services and direct download sites are
specialized in the massive exploitation of illegal content from which
they make profits for their own benefit. This report, showing the state
of the ecosystem of illegal streaming and direct downloads, explores
different ways to fight against the massive exploitation of illegal
content.” says the report drafted by Mireille Imbert-Quaretta, President
at the Commission for the Protection of Rights (Commission de Protection
des Droits).

Hadopi suggests it might rely more on ISPs, search engines, advertising
agencies, payment solutions providers, as well as hosting companies
which could be asked to implement content recognition and filtering
technologies utilizing fingerprinting techniques supplied by
rightsholders. These systems can automatically remove infringing content
by the identification of their digital “watermarks” or restrict user
access based on location.

The report even suggests that a website operator may be itself subject
to a strikes-style system in case it refuses to sign filtering
agreements with rightsholders and illicit content repeatedly appears.
“In the event that it would not be possible to reach an agreement
because of the apparent unwillingness of the platform hosting the
reported content (to comply with the law), the public authority may
decide to correct the behaviour of the platform through an alert
procedure,” says the report.

The punishments suggested in the report to non-compliant sites vary from
reporting them to search engines for un-listing, to reporting them to a
judge in order to begin a domain blocking process. Once blocked by IP
and DNS, Hadopi wants to have the power to ensure that domains (and any
subsequent mirrors) blocked by IP and DNS remain blocked and even domain
seizures are also possible.

Moreover, Hadopi wants to target the financial intermediaries of sites
subjected to the copyright alerts procedure If the financial partners
refuse to suspend or terminate payments, Hadopi suggests taking the
matter to court.

Another idea is that of “a browser plug-in to perform some filtering” to
stop users from getting access to copyright-infringing material, or that
of using a filtering system directly embedded within the operating system.

The report states it only offers a number of proposals and not final
recommendations. In the meantime, Hadopi’s future seems related to the
conclusions drawn by Pierre Lescure who has the task from the French
government to find ways to protect the country’s digital works in the
digital age. Lescure’s conclusions will be discussed by the French
parliament this autumn.

Report on the means to fight illegal streaming and direct downloading
(only in French, 15.02.2013)

French Government Mulls Next Generation Anti-Piracy Measures (26.02.2013)

How Hadopi wants to suppress illegal streaming and Direct Downloading by
blackmail (only in French, 25.02.2013)

France’s anti-piracy watchdog ponders evolution, faces extinction

EDRi-gram: Hadopi report says nothing about decreases in sales (11.04.2012)