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Anti-Piracy Agency Sends 1.15 million Warnings in 2 Years, Takes 0.0012% To Court

According to statistics released yesterday, rightsholders identified a total of 3 million IP addresses in the past two years and France’s Hadopi anti-piracy agency deemed just over a third worthy of receiving a ‘first strike’ warning. Less than 10% of these account holders went on to receive a second warning and just 0.34% of those went on to the third strike phase. In what is being framed as a victory by Hadopi, just 0.0012% of those who received a first strike have been referred to the courts.

A little under two years ago France initiated its controversial “3 strikes” mechanism to deal with the complex issue of online digital media piracy.

The system, which sees rightsholders monitor file-sharing networks for copyright infringements, is administered by the Hadopi agency. With the aim of persuading citizens to buy content from official outlets, alleged infringers are sent three warnings before punishments kick in.

According to stats released yesterday and published by Numerama, during the last two years Hadopi have been very busy.

Since October 2010, rightholders identified a total of 3 million French IP addresses. Of these, Hadopi considered just 1.15 million (38.3%) ripe for their “first strike” notice.

In an indication that the majority of those receiving a first warning prefer not to receive another (either by stopping pirating altogether or just taking more care) just 102,854 (8.94%) went on to receive a second notice via registered mail.

Perhaps the most dramatic drop can be seen in those who ignored both the first and second warnings and went on to receive a third. A total of 340 “third strike” cases were examined by Hadopi, that’s just 0.029% of those who received a first strike notice.

So were 340 people then kicked off the Internet? Apparently not.

It appears that unofficially the French 3 strikes system actually allows for four strikes. This means that those who sit on their third strike and do not get caught again during the next 12 months do not have their files sent to the prosecutor.

But of course, there are those who choose to ignore all the warnings. In total, Hadopi conducted 30 hearings and eventually referred just 14 cases to French prosecutors.

President of the Commission for Rights Protection Mireille Imbert-Quaretta said she is happy with the results so far and emphasized it is Hadopi’s job not to condemn and prosecute, but to persuade and educate.

Perhaps not surprisingly, those receiving notices appear to become more interested in being ‘educated’ the more strikes they receive. After each strike ISP account holders are invited to get in touch with Hadopi for a discussion. Just 6% of those receiving their first warning got in touch, 24% contacted the agency after their second and 75% after their third.

Despite the successes reported within the Hadopi system itself, the agency is short on government support. Last month French Culture Minister Aurelie Filipetti said that at a cost of 12 million euros a year, Hadopi is “an expensive way to send a million e-mails” and indicated that funding could be cut.

But even considering the ups and downs, two years on and the big questions still remain – has piracy reduced and if it has, are media companies getting richer as a result? Figures available as of March this year suggest not.

Whether that situation will improve with further ‘education’ remains to be seen, but one of the criticisms leveled at Hadopi by the Culture Minister is that the agency has failed to deliver when it comes to developing the availability of legal content. Reporting successes in that department should be a priority in the months to come.

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  • Strawbear

    Hm do we have a breakdown on what media the people taken to court were downloading? Is there a bias to one particular studio or label I wonder. That would really cast doubt over the whole process, if it were shown to only really benefit one company.

    Anyway I guess 0.0012% isn’t bad odds. Makes the whole thing look like quite a waste of time, money and effort.

    Why don’t they just use all this money that’s being spent to make a really great universal media website with ads on there and micropayments for the very latest things and everything else free. It could be all done on torrents with the largest uploaders getting free credit or the latest releases a little earlier.

    • http://torrentfreak.com/ Rob8urcakes

       What bugs me is this nonsense that the French authorities are claiming the drop-off in observed filesharing rates is a great victory and success for their Hadopi system of harassment.

      Rather than filesharers giving up on our love of sharing, it’s far more likely they dropped off the Hadopi radar because they started using a proxy, VPN or seedbox to hide their IP address and filesharing activities from these evil, prying eyes.

      So fuck you Hadopi.  We’re not that fecken stupid.

      • Guest

        Its far less likely that they dropped off the radar because of avoidance measures.
        The general population is fickle, try telling one they have to pay to hide and pirate. Not a good example since there are a staggering amount of idiots that have paid for repacks of uTorrent.

        • Guest321

          Once a pirate always a pirate. You don’t stop sharing just because the government tells you to. I am pretty sure most of the population has gone under the radar.

        • http://twitter.com/Michealbez Michealbez

          Kathleen explained I am blown away that a mother able to get paid $8894 in one month on the network. have you look this(Click on menu Home)

        • http://twitter.com/Michealbez Michealbez


          goo.gl/cTd6h

        • http://tamarajohnson.myopenid.com/ Tamara Johnson

          12 million Euros a year and all it’s doing is teaching French filesharers to obscure their IP addresses. I see death in HADOPI’s future. http://Unlimitedjoys.blogspot.com

      • Pelham123

        ” What bugs me is this nonsense that the French authorities are claiming
        the drop-off in observed filesharing rates is a great victory and
        success for their Hadopi system of harassment.”

        If they believe it works, it’s all they’ll do and we’ll be left alone.

        Not to mention that you can mine valuable data from watching people trade files and NOT harassing them. I think they’re starting to figure this out.

    • meowmix

      the other 0.9988% are chanting in frog ‘neener neener, you can’t catch me’.

      • M132389

         It is actually 99.9988%

        • meowmix

          true. i was thinking about what made it upto 1.0 iow a whole number iyswim.

    • PiRat

      It was never about the actual system itself, it was getting it into place, training the populace.

  • HoruSon

    They are doing something similar in the US right? I moved recently and had to sign up for internet with mediacom and they sent me a warning within the first week, after that i took the proper precautions. I was using a public tracker and no blocklists or anything cuz when i had comcast i never had this problem, but back then i was using demonoid, i moved about the same time demonoid was brought down/

    • Pelham123

      They don’t do strikes in the US although a couple of providers claim they’re going to start … but yes they’ve been monitoring and sending out warning letters for years. The letters are a great service, if you think about it, because you learn if you’re too unprotected.

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  • Sabel44

    I read somewhere that the 14 apparently may not know anything about filesharing. They haven’t gone to court yet. The prosecutor is still considering whether it’s worth spending more state funds on these cases.
    I don’t see any conviction soon.

  • Big-boss21

    Hide my ass is a free proxy ip address and very very good try it if you like. I do.

    • Hogspace

      You mean that company which handed over customer ID’s to the Feds?  Yeah right.

    • http://www.facebook.com/negativecreep Nastik Necrolust

      don’t use Hide my ass! unless you want to get caught!

    • Techanon

      Yeah it works wonders until they pack their logs very nicely and proceed to hand them to the anti-piracy agencies and other 3 letter agencies (wich they have done before).

  • Venomn

    I find it rediculous that their spending tax payers money on trying to stop filesharing anyhow..i feel money is better spent feeding the homeless or getting murderer’s and pedifiles off the street instead.way i see it is this.no matter what they do or where you go..filesharing is everywhere and the way an IP or whatnot can be blocked or hid…they’ll never stop it..it is like that dumbass law on war against drugs,theyll never stop that either,may as well legalize both way i see it.

  • downunder

    the silly thing is persuade buying the content – the option is not available
    to anyone outside usa for tv shows at least so thats a dumb statement right off.. im sure case also extends to music and movies too
    how they going to buy it over download it then? also how long do that have to wait for a fraction of the shows to come available locally
    not all the shows are bought by local tv networks.. in fact if its liek my country.. they might not even finish of a season or buy all seasons
    to air on free to view tv (and cable like sky) its so frustrating…

    goes to show going by those stats its a loosing battle 1 million sent letters
    thats just in france.. why dont they just give up this and provide the content world wide same day its released at fair price.. blah blah blah
     

    • Wallace

      You’re preaching to the choir. We know. 

  • Sarkozy

    Screw those bastards.

  • Guest

    12 million Euros a year and all it’s doing is teaching French filesharers to obscure their IP addresses. I see death in HADOPI’s future.

    • meowmix

      if you look at it the right way, they’re doing a service to the public by teaching them to hide thier arses. if you don’t, you get… ummm…  you get… not an awfull lot happen to you by the look of it.

  • PirateSoldier

    Did I hear someone say VPN? lol It’s another french revolution this time involving VPNs. :)

  • phanmo

    I live in France, and did not change my habits(30+rss feeds for TV shows in UTorrent, occasional music/ebook/software downloads) when Hadopi went into action. I have not received a warning. I know two people that have received their first warning; both turned to locker services and streaming for the three months until the warning expired, then returned to their regular habits.  Neither have received a second “first” warning.

    The new government (Parti Socialiste) have already expressed their lack of regard for Hadopi and the general feeling here in France is that it will be annulled or rendered impotent in the near future.

  • http://www.facebook.com/franklin.einstein Franklin Einstein

    hello!
    who knows the situation in Finland?
    how can i know that i am being spied on?? i am with DNA; but most times i use my university VPN; am i safe?? Please advise!

    • lol

      What are you doing here, Prince? The internet doesn’t exist, remember?

      • http://www.facebook.com/franklin.einstein Franklin Einstein

        well, i will keep lying low; till they smoke me out… :p

  • Guest

    My feeling is that those sending the notices should be forced to take action otherwise this is only a campaign of fear and intimidation. a lot of money is being spent by providers tax payers consumers and governments. how does this scheme differ from extortion letters if the intended action is never taken? clearly they want to harass people without scrutiny and avoid undoing the hard work while avoiding a PR disaster.

  • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

     The very fact that they have gone from 3 million addresses down to 14 and no means of measuring those taking steps to avoid further detection while continuing downloads. Currently noneof the 14 have any case proven against them  (and IP evidence is unreliable). It exposes Hadopi as a highly invasive fishing expedition.

    On the point of IP addresses being unreliable evidence. I think the reduction from 3 million to 14 is of itself an indicator of the reliability of the evidence. You would get similar odds of number reduction had they used a lottery machine to pick the ‘winning’ numbers (assuming picking again for invalid combinations)

    The known unreliability of IP evidence along with the way they arrived at 14 addresses should give any half decent tech competent lawyer enough ammo to get any case thown out.

    One credit to Hadopi whencompared to the UK DEA is that the DEA is to use a kangaroo court that reverses the burden of guilt by assuming the evidence is infallable when clearly it is not.

    • MadAsASnake

      Guess the DEA, like the NZ system has learned from Hadopi that if you go this route, you can’t use the courts, as there is no credible evidence, certainly not sufficient for prosecution according to the law. I wonder what happens if you refuse to attend these kangaroo courts and demand a real court and a real judge under the law?

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  • Anonymous

    all the entertainment industries are thinking is that they have saved 12 million euros by making someone else/anyone else but themselves foot the bill. and in all honesty, what has been gained? absolutely nothing! if those industries weren’t so damn ignorant, backward thinking and would listen to customers, the money wasted on this fuck up could have been spent on something worthwhile

  • Trelew

    I’m betting the cost of doing all this work has been quite happily been passed on to the tax paying public just to make sure that the corporate-powers-that-be can still have greed and lust for power intact.

  • Maninthemoon99

    there is a HUGE francophonic tracker 3.602515 members  and I don’t know how many new posts every day but a lot ……….. probably the French are hiding their IP … as a rule the French are “up yours” when it comes to goverment police etc etc 

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  • Chaz

    yep, and any French person with the slightest shred of intelligence will be using OpenDNS and DNSCrypt and Peerguardian and be totally invisible to their ISP or these anti-piracy lunatics. The handful of people they do catch are simply the totally brainless ones, which smacks greatly of gross and flagrant discrimination against those with low or lower IQs. 

    • MadAsASnake

       Also discrimination against parents…

    • anon

      For you information, IQ is not related to technological knowledge.
      You should really take a test instead of saying shit.

  • Anonymous

    heh Does France have 3 million IP addresses allocated? :)

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  • retaliate

    How many recipients of the first strike warning:

    - started using VPN
    - used file-locker sites exclusively
    - abandoned public BT sites and trackers and went for more private ones
    - started using public wifi access to access recent releases on p2p networks
    - learned of loopholes in Hadopi allowing them to appeal and prevent a 2nd strike or 3rd strike.

    I suspect if they don’t learn by the 1st strike, they do by the 2nd… after that, in most cases, I suspect they’re merely duplicating content in the shadows… the irony is that sales have not improved… and THAT is the real measure of Hadopi’s success.

    But then, legislation designed to ensure people part with money they don’t actually have was a dumb idea to start with. :)

  • Abc

    WE ARE THE 
    99.9988%

  • Notyourbusiness

    Ip alone is not enough for french courts. Also the company hired to spy on file sharers never got an official agreement of their technology.
    But i’m not quite sure it’s a complete failure; people here really fear hadopi. We all know that a state funded company is activelly spying on us. Many went to file lockers, some took measures to hide their IP but the P2P activity fell drastically since that law was implemented. So it’s not really a failure, the objective was not to throw thousands to courts but to fight P2P.
    If conservatives had won the last elections they would have been further : fight streaming and hurt lockers, the culture ministry also had Vpns as a target (remember what happened in Pakistan).
    So i would not laugh about all this as most of commenters seem to do.

  • wanshang341
  • Just Me

    Lmao….yes they have educated there public…to be better at pirating. I remember those days…my first envelope in the mail and a 2 week suspension of my internet..since then I have several seed boxes and own a torrent website…and so now I am one of the ones that have seen the light…I have quit pirating because I am below the radar….lmao.  Ah ok…hehehehe

  • tiqiann

     http://lnk.co/I2VI9

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