French Anti-Piracy Law Doomed to Fail

Written by enigmax on April 08, 2009 

Despite plenty of protests, the French Parliament passed a controversial new law last week that will see alleged copyright infringers disconnected from the Internet. Now, a new survey reveals that 60% of French Internet users are against the so-called HADOPI law. 69% say they believe it will fail.

The new legislation passed in France last week requiring ISPs to cut off the Internet access of alleged copyright infringers has never been popular with anyone outside of the government and entertainment industries.

The new ‘HADOPI’ (Creation and Internet) law introduces unlimited options for copyright holders to go after individuals and sites that are alleged to have infringed copyright, without having to actually prove that the accused are categorically guilty. Now, a new survey by French Institute of Public Opinion (IFOP) for LeJdd shows just how (un)popular this so-called ‘graduated response’ is with the public.

From a survey of 1004 individuals representative of the French Internet user, 60% of respondents said they were not in favor of the law (42% were strongly against), with a third saying they support it “somewhat”. Only those respondents over 65 years old showed greater support, with 53% in favor and 41% against. Despite this, 64% of the respondents in this category felt that the graduated response wont be affective at all.

Interestingly, there was no difference between the different age groups in the expected effectiveness of the new anti-piracy legislation. Overall, the majority responded quite negatively. Just 24% of respondents said that they felt the ‘graduated response’ would be “very” or “somewhat” effective, with a huge 69% believing it will fail.

As in most countries, illegal file-sharing is widespread in France. One in four of the respondents admitted that they downloaded copyrighted music or movies regularly. There is a clear generation gap here, as 40% of those younger than 30 years categorized themselves as active downloaders opposed to 6% in the 65 years and older group.

Not not everyone is sceptical of the scheme. While repeating the IFPI nonsense that 95% of all music is pirated, U2 manager Paul McGuiness writes that not only is the Creation and Internet law “the right solution to an enormous problem” but also “a fair and balanced solution” that “will work in practice.”

Clearly not everyone agrees. The full survey is available in French here (.pdf)

Previously: Facebook Blocks All Pirate Bay Links

Next: France Rejects 3 Strikes Anti-Piracy Law

69 Responses

1 Apr 08, 2009 at 22:15 by Gargamel

This isn’t an indication the law is failing. We knew that before it was even implemented.

This is just the public stating how much they hate it.

2 Apr 08, 2009 at 22:20 by lol

U2 = crap music.

3 Apr 08, 2009 at 22:26 by SableSlayer

Good I hope it does fail!

4 Apr 08, 2009 at 22:27 by Anonymous

“Not not everyone”?

Please fix typo.

5 Apr 08, 2009 at 22:29 by SJ

U2 are hippocrites themselves… having most off their assets offshore to avoid taxes… and they say that filesharing is wrong while Bono just protrais himself as modern-day jesus… laughable.

6 Apr 08, 2009 at 22:33 by Derrik Pardrey

Bono is a dirty slut.

7 Apr 08, 2009 at 22:43 by anon2

a survey is a complete waste of time. a dedicated vote, for or against, is the only real option. until the people are allowed to voice their disgust and opinion, nothing will change. nor will the government officials change their minds while they are having their palms greased by the music and movie industries, even when they know the bill is wrong.

8 Apr 08, 2009 at 22:43 by Artemis

i thought that there was a law in france that said that if something is copyrighted is based in a tax haven they can be downloaded legally irrespective the the 3 strikes – U2 being such an example

9 Apr 08, 2009 at 22:46 by Bono

Yes, I’m a douche bag :/

10 Apr 08, 2009 at 23:09 by donkey smut

i’d be interested in seeing a detailed description of exactly who is going to be permitted access to my internet traffic and behavior, and how they will be be able to decrypt it.

And I’d be very interested in a tutorial for french Mac users, how to evade this specific law.

11 Apr 08, 2009 at 23:11 by Toneh

@9

ROFL. :D

12 Apr 08, 2009 at 23:15 by laty

i second the first one
and by the way … wut kinda crappy law is it… 3 times someone imagines you dled mp3 file and off with your head??? …
lets imagine am sending my friends a copy of a homework it is about 4mb big zipped and passworded and encrypted… and named S.O.S. now someone notices you sharing it over bittorent due to public tracker you all use and confuses it with Kofi Kingston’s S.O.S. and reports you… dat is 1st time???
sounds kidna similar to oe law someone tried to pull in russia to arrest and jail people for 25 years for having even a gram of cocaine without a trial… i don’t see this “law” even lawly then… if i’m missing something i’m sorry

13 Apr 08, 2009 at 23:17 by the.dwarfer

French People have quite a history of rising up against thier leaders when they get out of sync with the people. I predict we will see some upturned flaming citroens in the near future.

“Is it a rebellion?” asked Louis XVI of the count who informed him of the fall of the Bastille.

“No, sire,” came the reply. “It is a revolution.”

14 Apr 08, 2009 at 23:20 by supermee

this law will fail: realy easy to avoid.
this law is based on a report made by someone who come from entertainment industries. who said lobby ? no… every arguments are perfectly logic and Objective…

now, because of this not-democratic process, i considere piracy as a duty.

thank you monsieur sarkozy, it will be fun /-)

(a french internet user)

15 Apr 08, 2009 at 23:23 by The Real Bono

We’ve been making the same album for 20 years you fokkers !

We’re the ONLY ones allowed to copy our music !!!!

Just make me richer and shut the feck up !!!

16 Apr 08, 2009 at 23:25 by joe public

@13 Sorry but the only people who vote are old and they dont care about file sharing. Nobody is going to rebel because nobody cares.

17 Apr 08, 2009 at 23:50 by Ralonto

“the right solution to an enormous problem” – The problem is with the music industry, not with the people as consumers.

“a fair and balanced solution” – No.

“will work in practice.” – Probably not.

18 Apr 08, 2009 at 23:51 by philipb

It’s completely uninforcible. Can you imagine what even one minute’s worth of IP data in a country the size of France’s looks like? Even with the best packet sniffing and data mining tools the policing authorities would be so swamped with leads that they could never catch up. My advice to our French friends? Download hard & fast.

19 Apr 09, 2009 at 00:01 by www.10ch.org

However, I have not heard of any Pirate Party or pro-Pirate non-governmental organization like the Piratbyran, as there is in Sweden. The only way that Pirates can influence government policies is to act in unison. After all, surely there is nothing that any single pirate can do to influence government policy. Pirates of the world, unite!

20 Apr 09, 2009 at 00:41 by Anonymous

“Piracy” can’t be stopped.

21 Apr 09, 2009 at 00:50 by nobody

@16 they plan to send out about 30 000 emails, 10 000 letters and disconnect about 1 000 internet users per day. some people will care.

22 Apr 09, 2009 at 01:15 by http://erikanilsson.eu

Finally, something to cheer me up in the recent semi-fascist gloom.

It seems like governments all over are getting increasingly deaf to the voice of their citizens, while being happy to accept anyone with a neat enough suit and a nice enough vocabulary as “unpartial advisor” in whatever the subject. The only things that matter, I suppose, are election results. So let’s set sight on changing those.

23 Apr 09, 2009 at 01:17 by Fabrice Epelboin

@enigmax

Thanks for this post, Hadopi has a very bad coverage in english :-)

@the.dwarfer

“French People have quite a history of rising up against thier leaders when they get out of sync with the people. I predict we will see some upturned flaming citroens in the near future.”

It will take some time, but you can count on that, either online or IRL ;-)

@supermee

“i considere piracy as a duty. thank you monsieur sarkozy, it will be fun /-)”

I like your spirit man /-)

@www.10ch.org

“I have not heard of any Pirate Party or pro-Pirate non-governmental organization like the Piratbyran”

Check this out: http://reseaudespirates.org/

@philipb

Actualy, it’s a little more triky: the law will have a lot of innocent victims, and the only way to avoid being one will be to install a spyware on your computer, reporting your every move to the government.

Yes, sounds like a nightmare, but check the law’s details, this is the ugly thruth. 1984 in 2009 :-(

24 Apr 09, 2009 at 01:18 by http://erikanilsson.eu

@16 Apparently, when the Swedish Pirate Party were handing out flyers in Luleå the other day, many people said “Sorry, politics doesn’t interest me — wait, you’re from the Pirate Party?” and suddenly politics was very interesting.

The problem is obviously not a lack of political interest, it’s a lack of interesting political options.

25 Apr 09, 2009 at 01:24 by Dédé

1) They can’t survey every possible file that you share, they will survey the most “pirated” ones

2) They can’t survey every one at the same time

3) They can’t filter encrypted traffic or VPNs

How to spend about 100M € (at least) in internet surveillance for nothing (instead of using it to help new artists).

I want my money back. And optical fiber connexion with symmetric bandwidth.

26 Apr 09, 2009 at 01:51 by RobbingHood

U2’s McGuiness – “the right solution to an enormous problem” but also “a fair and balanced solution” that “will work in practice.”

Fail, right there.

Betcha he’s got one “Stolen” track in his “Collection Problem” that won’t stop him “fairly” (failey was typoed 1st..) checking out his competitors in “Pratice”.

27 Apr 09, 2009 at 01:57 by axul

Of course it will fail. In France, we hae something called the “Conseil Constitutionnel” which validates that a law respects our constitution. Clearly this one doesn’t, wo it won’t pass.

28 Apr 09, 2009 at 03:05 by Anonymous

I’m betting HADOPI gets repealed before April is out.

The Pirate Bay victory’s on the 17th won’t just pressure the Swedish government and IPRED, it’s going to pressure the French government, too.

“WORLD’S MOST INFAMOUS TORRENT SITE FOUND NOT GUILTY” is a headline that will make waves around the globe. It’s going to call all these draconian anti-sharing laws into a level of scrutiny we’ve never seen before. HADOPI & IPRED will be first on the chopping block. If they even survive that long.

29 Apr 09, 2009 at 03:45 by headless

i always did like the history lessons about France…do you guys still have guillotines? i heard a guy in Britain sells them

30 Apr 09, 2009 at 04:18 by thumper

It’s very easy to get these politician’s attention. Wait for the law to pass and let the citizens start turning them in for alleged copyright infringement. When they get their internet cut off, the eyes will open.

After all, you just have to accuse, you don’t have to prove it…

31 Apr 09, 2009 at 04:56 by Bono is #2 (South Park)

U2 manager Paul McGuiness says “a fair and balanced solution” that “will work in practice.”

Just because you say something is fair and balanced doesn’t make it so. You also say that U2’s music is good, and that doesn’t make it true, right?

32 Apr 09, 2009 at 05:15 by UltraLeetJ

well, lets let time predict what the outcomes will be. That’s a scary thing, but its… sadly the best we can do… right?

33 Apr 09, 2009 at 07:27 by Murdats

All these laws are easy to solve, if people lose their service based on accusations then everyone just needs to accuse away.
baseless accusations against the ISP’s customer bases and against the politicians will remind people why we used to use evidence to decide guilt

34 Apr 09, 2009 at 08:20 by blink

what will they do when one fourth of France is disconnected ? internet service providers wont break-even. Its a loose-loose situation. Everyone one will get back to the old fashionned disk copying.
btw, not everyone would agree that u2 music is worth something…

35 Apr 09, 2009 at 08:45 by greylion

#33: Good idea.
Start with the right-wing politicians.

36 Apr 09, 2009 at 09:07 by Jimmy Jim Jim

This is hilarious. In the current financial climate, are french ISP’s really going to lose a huge proportion of their customers adding up to millions of euros by disconnecting them?? I think not.

37 Apr 09, 2009 at 09:13 by Jeremy

@supermee: Lobbies are illegal in France.

38 Apr 09, 2009 at 09:40 by Comment Bot

The article doesn’t explain why it will fail.

39 Apr 09, 2009 at 10:01 by RobbingHood

@Comment Bot

Ohh yes it does.
It mention’s Bono in it.

40 Apr 09, 2009 at 10:02 by RobbingHood

^^Oops, U2 even………garrh fail..

41 Apr 09, 2009 at 10:09 by Anonymous

Nothing will come of this law whatsoever…well VPN providers will probably see a huge increase in profits from France. When knowledgeable people actually try to preserve their anonymity, it becomes very expensive (even for western governments) to track them down.

I predict that when this fails, they will attempt to pass laws to keep us from protecting our privacy. Some mainstream VPN services are already far to willing to hand over their logs to just anyone who makes a formal request (not even proper authorities).

I recommend using IPREDATOR:
http://ipredator.se/

For 60 EUR per year, you gain peace of mind and support TPB (I’d rather support my private trackers personally, but supporting TBP is still cool).

42 Apr 09, 2009 at 12:47 by Cladouros

The law has just been rejected by the French parliament ! Looks like our future will be bright after all…

43 Apr 09, 2009 at 12:57 by law is antichrist

this is “A” typical of governments around the world they will implement laws years before they intend to enforce them. then when they do they will say to the judge this law has been in place for years they should have known…

the world order isnt coming… its already here!!!

44 Apr 09, 2009 at 13:06 by blitz

“As in most countries, illegal file-sharing is widespread in France.”

Come on! All one can know for sure is “file-sharing” is widespread in France.

45 Apr 09, 2009 at 13:20 by a frenchie

The Hadopi/anti-piracy law was rejected by the parliament today, just about 40 minutes ago.

If you can read french (or google translate), more infos here:

http://www.numerama.com/magazine/12594-URGENT-le-Parlement-rejette-la-loi-Creation-et-Internet-MAJ.html

or

http://tf1.lci.fr/infos/high-tech/0,,4356512,00-l-assemblee-rejette-le-projet-de-loi-hadopi-.html

46 Apr 09, 2009 at 13:21 by Magic-Micky

The law Hadopi failed today !
The French parliement reject it :D
http://www.numerama.com/magazine/12594-URGENT-le-Parlement-rejette-la-loi-Creation-et-Internet-MAJ.html (fr)

47 Apr 09, 2009 at 13:31 by typewriterhead

@Magic-Micky

Vive la France!

48 Apr 09, 2009 at 13:53 by lol

there should be a 3 strikes of making crap music and then your fired..

49 Apr 09, 2009 at 13:59 by had (t)o pee

initially, the lobbyists wanted the names of the caught users to be published in the newspapers.

Who said inquisition ?

NOBODY EXPECTS THE MAJORISH INQUISITION!!

50 Apr 09, 2009 at 14:17 by Hulk

Indeed, today the “national assembly” voted the law nil and void. German report with details:

http://futurezone.orf.at/stories/1602192/

But the law could be reinstated for a voting in the near future, however that would be very unlikely due to shrinking support even within the UMP (and the complete “Center party” against it) and formal issues (hasn’t happen in the last 12 years).

51 Apr 09, 2009 at 14:18 by Tintin

Failed

52 Apr 09, 2009 at 14:21 by Marsellus

The law just got rejected. Epic win.

http://www.ecrans.fr/L-Assemblee-Nationale-rejette-le,6910.html (in French)

53 Apr 09, 2009 at 14:32 by Vainzou

http://www.numerama.com/magazine/12596-Karoutchi-34Ce-texte-Hadopi-sera-de-toute-maniere-bien-sur-vote34.html

Arf! Our governement doesn’t like the geek!!

54 Apr 09, 2009 at 14:34 by Matt

What we should do is all make music, get it copyrighted, and then call out every government group/corporation for downloading it illegally. That would easily take care of that problem, especially since you don’t have to prove that they actually did it.

55 Apr 09, 2009 at 14:34 by stupid law

suppose that someone connects to your wireless network puts up a warez website or something and e-mails some big industry guy to make fun of him, then you lose your e-connection while you did nothing rong

56 Apr 09, 2009 at 14:38 by epic fail

http://www.imagefreehost.com/files/09042009/xa48141796780.jpeg

57 Apr 09, 2009 at 14:40 by Universal Turing Machine

good day for freedom

send the the haters to hell give them all conviction notice’s. may they be prosecuted for crimes against humanity. Old hitter would be proud of these buggers. Well done french now to get rid of lanky git president and his prostitute wife

Viva La Revolution

58 Apr 09, 2009 at 14:52 by RobbingHood

@51 Marsellus

Thanks for the heads up!!!

But if your English, check out googles translation for the link

http://snipurl.com/fk86e

….”The government is now in the cabbage.” made me lol

59 Apr 09, 2009 at 14:53 by blitz

The funny thing with the epic fail in France:
The French National Assembly has 600 politicians and only 36 (21 for, 15 against) have shown up????
Is that how laws are made in France?
Brothers and sisters in France: next time remember to not vote for lazy bastards that won’t show up at work! You pay for their monthly checks after all…

60 Apr 09, 2009 at 14:55 by blitz

Ooopps, that should have been 21 against and 15 for, luckily, the math is still valid :-D

61 Apr 09, 2009 at 15:39 by ROCH JUBERT

FUCK THEM RIGHT !
CRISTINE ALBANEL DESERVE TO BURN !

62 Apr 09, 2009 at 16:39 by Anonymous

Awesome news that this has been rejected.

Just wanted to put in this though. The biggest problem with these kinds of laws is how easy it is to be pinged as pirating copyrighted material, without even seeing the files your apparently downloading/sharing.

See http://dmca.cs.washington.edu/ for more details, has a very interesting paper entitled “Challenges and Directions for Monitoring P2P File Sharing Networks –or– Why My Printer Received a DMCA Takedown Notice”

63 Apr 09, 2009 at 17:13 by Anon

Like there was anyone there to vote the patriot act in. And they didnt check the fucking bill.’

Not saying you’re an american.

But france had a good thing going for the longest time in human history. Remember the revolution.

64 Apr 09, 2009 at 17:57 by laty

i did readin till 28… are you even sure someone will talka bout it in press? or radio…or TV? yeah it will be big news to officials but in France Uk USa Germany and so on best it will get will be midle of the page on some big newspaper and just mentioned along with small article… now if companies win it will be enws even in ancient egypt if they can press it there :P

65 Apr 09, 2009 at 18:18 by supermee

@Jeremy: that’s not the point. the report has been made by somebody who’s not objectiv.

others: roflmao, epic fail. that’s the kind of things that can only hapend in my contry. XD

66 Apr 10, 2009 at 23:17 by Anonymous

“the right solution to an enormous problem”

The right solution to this enormous problem is a couple of Jdam bombs on the Vivendique Universale Head Quarter.

We are taking off Now.

Roger.

67 Apr 10, 2009 at 23:26 by Anonymous

“But france had a good thing going for the longest time in human history. Remember the revolution.”

And the Camember president that stink almost as much as Sarkozy.

68 Apr 10, 2009 at 23:36 by Anonymous

“The article doesn’t explain why it will fail.”

Because to enforce a law you need a consensus and there is no consensus.

People obey the law because they agree to it not because they have to.

Moreover very efficient evading technologies are there waiting for a privacy violating law such as ADOPI to proliferate.

69 Apr 14, 2009 at 20:20 by Frank

Do not support U2 and their fallacies. Don’t even download their albums.

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