By akademiotoelektronik, 23/03/2022
Hadopi: the authority found nearly 3,000 cases of gross negligence in one year Which led to 76 convictions
Hadopi has made public the annual report of its activities (from November 1, 2017 to October 31, 2018). During the period under review, the Rights Protection Commission continued to implement its policy of sending mass warnings, during the educational phase of the graduated response procedure, as instituted by the laws of the June 12 and October 28, 2009.Hadopi assures that "people who receive Hadopi's recommendations mostly become aware, throughout the procedure, that they themselves or their relatives do not respect copyright. and modify their behavior accordingly, for fear of a possible sanction”. Regarding these recommendations, the authority sent more than 1.3 million emails to unsecured subscribers. Over the same period, 131,316 second recommendations were sent to those who persisted in ignoring this first alert. Finally, nearly 3,000 reports of gross negligence were drawn up. When the subscription holder does not take adequate measures to protect his Internet access despite the opinions or advice he may have received from Hadopi, or when he does not react at all to the recommendations sent by the institution and that repetitions are noted, the commission of protection of the rights can be brought to seize the legal authority for the purpose of continuations. For three years, the number of files that Hadopi has decided to send to the public prosecutor has increased significantly. During the most recent period (this one therefore), in one year the Commission transmitted 1,031 cases to the public prosecutor (compared to 852 last year and 732 two years ago), i.e. one third of the findings of gross negligence established by the authority. In return, it was informed of 593 court decisions, against 515 the year before and 152 two years ago. These 593 criminal responses gave the right to: 112 classifications without follow-up to the reasons for classification: 76 convictions: 2 acquittal judgments Is the graduated response effective? It is not surprising to see the authority answer this question in the affirmative. And explain that: A Hadopi that will probably soon evolve After acknowledging that the measures (graduated responses) of the High Authority "have produced results, but have not made it possible to stem the development of piracy in all its forms", Françoise Nyssen, the Minister of Culture, considered an extension of Hadopi's prerogatives, explaining in particular at the end of September that "the rapid transformation of uses leads to questioning the relevance of a graduated response mechanism that targets only peer-to-peer exchanges. pair and ignores other forms of piracy such as streaming or direct downloading”. This statement was made in response to Mrs. Brigitte Kuster (Les Républicains). At the end of April, the latter reminded the Minister of Culture that a survey by the agency EY, published in February 2017, shows that on average 13 million users illegally consume 2.5 billion cultural contents. To clearly underline the socio-economic impact, she did not hesitate to rely on statistics: “1.35 billion euros: this is the astronomical shortfall that the piracy of audiovisual content costs each year. to the State, the industry in the sector and the rights holders. The cost of this widespread fraud for society is considerable: 2,000 jobs destroyed, 430 million euros in tax and social security revenue lost for the State and 330 million euros less investment in creation”.Source: Hadopi See also: Hadopi has a budget of 9 million euros for its 2019 financial year, it will therefore have cost nearly 90 million euros to the taxpayer France: the Senate is again demanding the "source code" of each finance bill, but the request still seems impossible to satisfy France: the Internet giants will be taxed from January 1, 2019 for a recipe estimated at 500 million euros, another symbolic measure? France: how much tax did the GAFAs pay in France in 2017? Facebook promises change in the first half of 2019 Google is ready to pay if France were to adopt a tax for digital companies in 2019, but cannot yet estimate the amount
posted by Hadopi
Measuring the effectiveness of the graduated response, which contributes, alongside other legal devices, to the fight against piracy, requires, beforehand, recalling the effect sought by the legislator who created this procedure. It should be emphasized in this respect that the objective of the 2009 laws was above all to prevent illicit use of protected works, then extremely widespread on peer-to-peer networks, and to avoid mass litigation. To this end, the legislator has provided for the obligation for the holder of an Internet subscription to ensure that his access is not used to download or make available protected works. To achieve this objective, the legislator, before considering recourse to criminal sanctions for breaches of the obligation of diligence incumbent on the Internet user with regard to his Internet access, has provided for the application of an educational process resulting in the sending of warnings. This pedagogical mechanism produces significant positive effects on the behavior of the greatest number of well-informed Internet users. Thus, after eight years of practice, we consistently observe an absence of repetition in 60% of cases, at each stage of the procedure: out of 10 people warned, 6 take measures to avoid any renewal of acts of hacking. The absence of repetition, which proceeds from the graduated response, prevents rightholders from suffering financial harm linked to the loss of earnings resulting from the pursuit of practices of making protected works available without their authorization. Such findings arise from the application of one of the two indicators chosen by Hadopi to regularly assess its action, as each public actor is required to do, and to measure its ability to achieve its objective of protecting works with regard to copyright infringements. Daily exchanges between Hadopi and Internet users also often lead to the observation that, due to the procedure in progress, the person concerned has actually been made aware of the need to respect copyright and that it has undertaken to take concrete measures such as uninstalling the sharing software, effectively securing the connection or raising awareness among relatives.
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