France Ready To Shut Down Hadopi As It's 'Incompatible' With Digital Economy

from the well,-duh dept

It’s amazing how frequently we still hear from entertainment industry folks or politicians pointing to Hadopi as an example of “success” in a three strikes program. Of course, the reality is that it has been a colossal failure by nearly every measure possible. The industry has had to seriously massage the statistics, but they can’t deny the simple fact that it hasn’t helped drive sales, which really seems like the key metric. In fact, the latest reports show that music sales — including digital sales — have continued to drop. Even more telling: the decline in sales in France has outpaced the decline elsewhere. In other words, nothing about Hadopi worked.

Even when Hadopi finally “convicted” someone, it was someone that everyone agreed didn’t pirate songs. In the meantime, French users for services not tracked by Hadopi have skyrocketed. It was only a matter of time before politicians began questioning why they were spending so much money on a system with no real benefit. The result, as we noted a few weeks ago, was a recommendation to kill off Hadopi, though potentially to replace it with other bad ideas.

Either way, it looks like it’s almost guaranteed that Hadopi is going away, a failure on nearly every level. What struck me as most interesting, however, is the reasoning given by the politician in charge of internet policy in France:

Fleur Pellerin, the French minister in charge of Internet policy, said during a recent visit to a high-technology complex in Sweden that suspending Internet connections was incompatible with the French government’s hopes of spurring growth in the digital economy.

“Today, it’s not possible to cut off Internet access,” she said. “It’s something like cutting off water.”

Well, duh. And while that’s true “today” that was also true when Hadopi was put in place, and many, many people explained that to French officials. So we’ve got the French government recognizing that the program was a complete disaster. It cost too much, it shut off internet access which goes against any hope of “spurring a digital economy,” it put guilt on innocent parties and it did nothing to help sales.

Given all of this, why is it that politicians still take the same RIAA/MPAA ideas seriously when they propose their latest braindead scheme to try to pretend they live in a different, non-digital era?

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Comments on “France Ready To Shut Down Hadopi As It's 'Incompatible' With Digital Economy”

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69 Comments
silverscarcat says:

Finally...

?Today, it?s not possible to cut off Internet access,? she said. ?It?s something like cutting off water.?

It may have taken something monumentally stupid, but it seems governments are slowly starting to understand that the net is too important these days to just unplug.

As was said on Cracked.com awhile back, “it’s like when the telephone was first introduced. Everyone knew that it would soon be expected for you to have one in your home. You weren’t going to do all your work over the phone, just like no one expects you to do all your work over the internet, but you were expected to have one anyway.”

The internet is the norm for most people these days, not the exception.

Anonymous Coward says:

HADOPI vs Six Strikes

Hadopi is a law, which means that France can get rid of it relatively easily. In the United States, six strikes is not a law but a private agreement between corporations ushered into place by the US government. Depending on the text of the secret agreement, six strikes may be a great deal harder to get rid of than any law would be.

And then there are treaties…

Anonymous Coward says:

Re: HADOPI vs Six Strikes

If we HAD a legal system that actually protected our rights outlined in the bill of rights it would be struck down as unconstitutional as soon as a private individual harmed by it sued.

After all, it’s a violation of innocent till proven guilty. And if they just send your name to companies that want to sue you for law breaking, that’s a violation of your right to privacy, and therefore an illegal search and seizure in a way.

Anonymous Coward says:

Mike says: “In other words, nothing about Hadopi worked.”

But then the very article he cites says: “A study by researchers at Wellesley College near Boston and Carnegie Mellon University in Pittsburgh that was published last year showed that the threat of disconnection was directing more French Internet users toward Apple?s iTunes store, a licensed source of digital music. Separate studies, commissioned by Hadopi, have shown a decline in illegal file sharing.”

Nothing dishonest about this. Not at all. Mike’s the most honest person there is!

Anonymous Coward says:

Re: Re:

What do you believe more meta research for well known MAFIAA sympathizers or the own numbers the government collect all by themselves?

Here is the thing, even if true and Hadopi really direct more people to iTunes, it also created a climate where people felt not like buying anything from the stupid people who were hurting them in one way or another, the fucking net result is negative sales numbers even with increase of use of legal channels.

Do you fucking get it now?

Rikuo (profile) says:

Re: Re:

“Separate studies, commissioned by Hadopi, have shown a decline in illegal file sharing.””

Did you not read the part you’re quoting. Mike is right! He says “Nothing worked”. Cites an article, which admits that Hadopi commissioned studies, showing that such studies would be useless, being biased in Hadopi’s favour by the very fact that Hadopi commissioned them.

This isn’t the first time you’ve done this. This isn’t the first time you’ve tried to paint Mike wrong, only to end up quoting something that actually proves him right!

Anonymous Coward says:

Re: Re:

Those studies where from those people saying to look at the “net effect” wasn’t it?

Well the net effect seems to be that eventhough sales of iTunes grew, in the whole they just stopped buying more and started spending LESS!

So really how do you defend that kind of crap?
Heck in the US the RIAA stopped suing people directly because the industry monies got halved, that should be a very clear sign that if you bite the hand that feeds you, you get nothing and still the morons tried and tried and failed, now the studios want to go on the same route.

Make no mistake, people are not stupid, you can try to hide yourself and use others as proxies but this is not the 80’s, people can and will find out who is responsible, they all know from where the pain is coming and they will act accordingly.

PaulT (profile) says:

Re: Re: Re:

“in the whole they just stopped buying more and started spending LESS!”

Possible correction: many bought the same (or even more), but they spent less money in order to do so. They bought the 99c track they wanted instead of the $20 CD that used to be the only way to get it.

This argument’s never been resolved until the recording industry’s lapdogs start realising that unbundling and competition from other media are at least as much to do with their problems as any pirate.

Karl (profile) says:

Re: Re:

But then the very article he cites says:

You omitted the two paragraphs following that quote:

Yet the French music business remains deeply troubled. SNEP, a French recording company group, said Friday that industry revenue fell by 6.7 percent in the first quarter of the year. More alarmingly, revenue from digital outlets fell by 5.2 percent ? the first quarterly decline ? though the organization said several special factors played a role in this.

Meanwhile, SNEP said the number of visits to illegal music sites by French Internet users had risen by 7 percent between January 2010 and January 2013, to 10.7 million.

Nothing dishonest about this. Not at all. You’re the most honest person there is!

Rikuo (profile) says:

Re: Re:

Says the person who possesses little to no reading comprehension skills. Yes, Hadopi itself is switching to fines (automatic fines, still relying on the same level of evidence as before, so gonna love how that’s gonna turn out), but those outside of France who support Three Strikes are the ones pointing to Hadopi saying it’s a great success. That’s what Mike means by the opening sentence.

Jebus, can you honestly try just a little bit harder please when it comes to your attacks? Instead of proving Mike as an intellectually dishonest slimeball, you’ve just proven yourself as a severely intellectually challenged slimeball, one who doesn’t bother to read things over before making an attack.

out_of_the_blue says:

Yeah, it runs up against the need for monitoring.

Telescreens can’t work without teh internets.

Anyway, going after the pirate sites and file hosts directly is better in several ways. — Of course Mike is even more against that, though he admitted to the figures here:

Study: Megaupload closure boosted Hollywood sales 10%

http://www.theregister.co.uk/2013/03/08/megaupload_piracy_study/

Mike pretends he lives in an academic study, where you can “give away and pray” yet get paid for entertainments, and corporations are all beneficial, especially Google.

silverscarcat says:

Re: Yeah, it runs up against the need for monitoring.

Hmm…

Again with that false study that ignores the recession the U.S. and Western Europe was in thanks to Wall Street and the banks?

Again with the false study that ignores how the economy in the U.S. only just started to slowly recover just before the SOPA/PIPA protests?

Fact: Megaupload was shut down.
Fact: Movie sales jumped 10%

Conclusion: OMG! See! Megaupload was taking money from the studios!

Facts that are ignored…

Recession, home closures, job losses, money being funneled to Wall Street banks and helping the rich out instead of helping those who need it.

Hmm…

I think that those ignored facts are probably the reason that the studios got a 10% income buff, not megaupload.

Correlation does not equal causation, ootb.

tr says:

Yeah, it runs up against the need for monitoring.

I think you missed the pertinent quote from the article, you yourself linked: but it’s worth noting that IDEA itself was created last year with funds provided by the MPAA.

I don’t think your ‘study’ proves much really, & seriously – how many people pirate movies via storage lockers? it’s counter-intuitive – p2p is the way to go, ala bittorrent etc.

ProphetZarquon says:

Re: Re: Storage Lockers vs P2P

“no way to track downloaders” Are you kidding?

Maybe if you use a VPN or Proxy (TOR, etc) system you could avoid having your download tracked… But you could P2P through a VPN just as readily.

In addition, many locker sites require login for download as well as upload. Even that aside, an ISP could monitor any download that isn’t encrypted and search warrants (or warrantless searches) will reveal visitor IPs to the web server.

I download TB/mo and upload even more. I’ve had one DMCA notice for a file I never had, two years ago.

(If you have a problem with something on the Internet I suggest you stop looking at it, as it isn’t going away or conforming to your deluded preconceptions of propriety any time soon.)

Bottom line: Use a basic ad-block. Use HTTPS everywhere. Avoid using trackers in P2P. Set Encryption in your torrent client to Forced and disable Legacy.

Rikuo (profile) says:

Re: Re: Re: Storage Lockers vs P2P

I meant no easy way to track, unlike P2P where (unless using a VPN) your IP address is broadcast publicly. When I connect to a cyberlocker to download a file, only the cyberlocker has records of that and so far, I haven’t heard of a case where a cyberlocker was subpoenaed in a copyright infringement lawsuit (if they have, please correct me).

Anonymous Coward says:

Re: Re: Re:2 Storage Lockers vs P2P

You be wrong, GoDaddy in the US bends backwards for law enforcement, others do too when they hear “terrorrism”, “children” and “piracy”.

Even Megaupload did it and their efforts in trying to help out law enforcement where used against them in a court of law.

Business don’t have the luxury of saying no to law enforcement.

Rikuo (profile) says:

Re: Re: A quote from Upton Sinclair in re these politicians

I agree 100% with you. Mike earns his income from this site by writing articles. The site’s readers want to hear stories about pro-copyright people and organisations completely failing or being hypocritical, so he writes what his readers want. So yeah.

Ohhh…you’re implying that Mike somehow earns money from the continued existence of copyright infringement. Uhh…no. Not at all.

BW (profile) says:

Having worked with many lawyers for many years, and...

Therefore the breeding stock of politicians, I can assure you that they are ALMOST uniformly brain-dead when it comes to technology. In fact, and in many ways, an anti-technology bias is “hard-wired” into the legal system. Rules of jurisprudence mandate against email as a delivery system – even if it were securely encrypted.

Anonymous Coward says:

as far as the entertainment industries are concerned, the only good thing for them and yet another bad thing for everyone else was that the everyone else had to pay for this shit! no freaking wonder the industries didn’t want to be involved in it’s implementation. like the rest of the ideas they go grovelling to governments with. they are only good because they dont have to fund them in any way at all. they would get the benefits, if ever there were a scheme dreamed up that could work, but they definitely dont want the expense or the embarrassment when it all turns to crap. i wonder how much longer politicians can get away with backing this nearly dead business model before something serious comes back and bites them hard in the arse??

Anonymous Coward says:

dont forget that this was implemented because Sarkosy was married to a member of the entertainment industries, maybe not a particularly good or famous one, but a member none the less and that he had been screwing god knows who, wanted to keep his marriage together and this was a way of keeping her quiet (from what i read)

Anonymous Coward says:

Let’s not forget that after funding to HADOPI was cut, they responded by sending out more letters.

So they proved that with a lowered salary, they could do more.

No surprise that the usual trolls aren’t smelling the bullshit, though. If more money gets funneled to the RIAA and its international clones who cares what the money is used for?

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