By akademiotoelektronik, 11/05/2022

The HADOPI could soon be interested in streaming and Direct Download (DDL) In order to gain in efficiency

At the end of April, Mrs. Brigitte Kuster (Les Républicains) 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 of cultural content. 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 lost tax and social revenue for the State and 330 million euros less investment in creation. also underlined the various fights of the industry: "The audiovisual sector must fight on two fronts at the same time: the invasion of the market by GAFAM, which escapes or circumvents most of the rules in force, and piracy whose growth is exponential. The first battle takes place primarily on a European scale, but the second is primarily on our own initiative”. She did not fail to tackle HADOPI in passing and its lack of effectiveness in solving the problem: "The laxity at work during François Hollande's five-year term has developed among consumers a real culture of impunity which precipitates industrial disaster. The efforts undertaken under the mandate of Nicolas Sarkozy have been purely and simply abandoned. The last attempt to seriously fight against piracy: the famous HADOPI law, will soon be 10 years old. But by everyone's admission, including its designers, the framework for intervention and the procedures set by law are too rigid to be effective”. Also, she calls on the Minister to proceed with the necessary changes: "The time has therefore come to overhaul the system and reaffirm two essential principles that are now completely flouted: that of private property, which is an imprescriptible right , and that of the sovereignty of French audiovisual production which is directly threatened”. This is why she asked the Minister how she intends to curb access to illegal offers, strengthen public policies to fight against piracy and change attitudes about a criminal practice that devastates audiovisual creation. The strategy of the Minister of Culture, Françoise Nyssen In a response given last week, the Minister recalled that the protection of intellectual property rights on the Internet is a priority for government action. This involves both guaranteeing the right of creators to be remunerated for the online exploitation of their creations and enabling production and distribution players to build sustainable economic models and develop attractive legal frameworks, with a view to supporting the creation of value. The anti-piracy policy is currently based on a set of systems implemented by various administrative and judicial authorities: the "graduated response" mechanism, implemented by the High Authority for the dissemination of works and the protection of on the Internet (HADOPI), there are in particular the possibilities of legal action as well as the soft law procedures undertaken to drain the financial resources of infringing sites or to develop the use of technologies for the automatic recognition of illegal content. Minister of Culture Françoise Nyssen Measures that have not been effective For the Minister, “these initiatives have produced results, but have not made it possible to stem the development of piracy in all its forms. The rapid transformation of uses raises questions about the relevance of a graduated response mechanism that targets only peer-to-peer exchanges and ignores other forms of piracy such as streaming or downloading. direct ". Moreover, as she notes, “legal actions aimed at shutting down or blocking access to pirate sites involve long and costly procedures, the effectiveness of which is limited by the rapid reappearance of “mirror sites”. Initiatives based on soft law bear fruit but are, by construction, subordinated to the will to cooperate of the actors concerned”. Strategic axes of reflection Also, to face these stakes, the Minister for the culture currently pilots an interministerial working group charged to contribute to the development of a global strategy of fight against counterfeiting on Internet. "The measures, which will be proposed in the coming months, should make it possible to strengthen the conditions of protection for all categories of authors in the event of infringement of their rights on the Internet". and the framework for content recognition technologies, which make it possible to automatically compare the fingerprint of a work with that of the content posted online by Internet users, and thus prevent the appearance or reappearance of infringing content on platforms that host works. In this regard, the proposed measures should make it possible to respond to the difficulties that certain rights holders, including autonomous or independent authors, may encounter in accessing these technical tools. In addition, more restrictive measures with regard to illegal streaming sites are envisaged (creation of a "black list" by the HADOPI, possibility of acting quickly against so-called "mirror" sites, which are reviving pirate sites which have been the subject of an injunction). With regard to the graduated response, the reflections in progress relate to the means of improving its relevance and effectiveness, with regard to the practice of peer-to-peer, to which it applies. The granting to independent authors of the possibility of seizing the HADOPI to request the implementation of the graduated response procedure in their regard, based on a bailiff's report, is one of the possible improvements.Source: AN Et you ? What do you think of these lines of thought? Do you no longer settle for P2P and also target streaming and DDL? Why ? 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