Out-Law News 1 min. read

French copyright enforcers unable to keep up with complaints, reports claim


France's antipiracy unit has not been able to keep up with the volume of complaints it has received, according to press reports.

Hadopi, the French agency charged with implementing the country's stringent 'three strikes' copyright enforcement programme, has received more than 18 million complaints since it launched in October last year, it told the national newspaper Le Monde.

Under the Hadopi law, alleged copyright infringers are identified by their internet service providers (ISPs) and will be reported to a judge once they have received three warnings.

So far, only 470,000 initial warning emails have been sent to French internet users.

Only a small fraction of those – about 20,000 users – have received second notices for reoffending within six months, and around 10 internet users are now facing possible penalties.

Hadopi is using a prototype computer system with limited capacity for sending notices, a spokesperson for the agency told technology news service Ars Technica.

However, he also said that the agency has held off on sending out second and third notices because it wants to give internet users time to change their ways.

"We don't want to prosecute people. We just want to push people to change when, knowing it or not, they are committing piracy," he told the blog.

The agency was unable to provide the exact number of users responsible for the 18 million complaints without ISP identification. So far, it has only sent about a million requests on to ISPs, according to Ars Technica.

The French Government set up an antipiracy unit Hadopi after passing its controversial anti-piracy law in 2009.

Infringing users identified by their ISPs receive an initial warning by email, followed by a further warning delivered both by email and letter if they are caught out again within six months.

Following a third offence, the user will be entitled to a hearing with Hadopi which will review the case and decide whether to refer it to a judge.

The judge can impose two punishments – either a fine of up to €1,500 or disconnecting the user from the internet for up to one month.

So far, nobody has been disconnected.
Earlier this year, Hadopi claimed it was suspending its relationship with the private company which provides it with information about potential copyright infringers.

A security researcher claimed he was able to access IP addresses and other material from Trident Media Group through one of the company's servers.

Technology law news is also available from Bootlaw, a free resource for technology start-ups, with regular events hosted by Pinsent Masons.

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