TelecomTV: the Foolishness of Hadopi 2, the French Internet Law
Martyn Warwick from TelecomTV news has some very nice and succinct comments, as well as some recent stats, on the bizarreness of the French HADOPI law. The juiciest stuff is excerpted and commented below. Enjoy.
- A new study carried out by the University of Rennes and focused on the illegal downloading of online music and video in France reveals that it grew by three per cent between September and December 2009 - despite the noisy and bad-tempered passing of a contentious law designed to outlaw the practice.
- The report shows that 30.3 per cent of all Web users in France illegally downloaded content over the quarter. Over the period 1 July to 30 September it was 29.5 per cent.
- What the Rennes University work throws into stark relief is the feebleness and structural shortcomings of an ill-conceived piece of legislation that was foisted on the government by intense lobbying by vested interests within the content industry. It was conceived in a panic and rushed through without any real analysis or understanding on the part of the legislators of the way the Internet actually works. That's because Hadopi 2 only targets P2P file sharing networks and completely ignores streaming sites. (My comment on access versus copy is here)
- However, the numbers of people who watch and/or download video, film and music via streaming is growing rapidly, while the numbers who do so via P2P networks is in equally rapid decline.
- The Rennes Report shows that the percentage of French Internet users who favor streaming sites rose from 12.4 to 15.8 between September and December last year. At the same time the percentage of those using P2P networks declined from 17.1 to 14.6 over the same period.
- Even more interestingly, the study also shows that those who routinely and frequently buy and download content legally also use illegal platforms. It also comes to the conclusion that the suspension or permanent removal of an individual's Internet connection will be counterproductive as many who do pirate content also pay for stuff as well. Thus legal video and music sales would fall. My comment: I think this is the most important point: disconnecting those that are looking for content, those that are fans and interested in music, is a ludicrous idea if you actually want to sell to them! Protection is in the business model not in technology or the law. Regulatory capitalism will fail (quoting James Boyle here).
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