Olivier Bomsel, Heritiana Ranaivoson (CERNA, Mines ParisTech), Review of Economic Research on Copyright Issues (2009) vol. 6(2), pp. 13-29
The paper reviews the economic literature on copyright that focuses on its industrial aspects. It then analyses how, all along the distribution vertical chain, the consumer’s impunity provides incentives to free ride on copyright, which rapidly increases copyright enforcement costs. It depicts the graduated response mechanism and the voluntary agreement that initiated this system in France, concluding that the increase in the cost of free-riding for the ﬁnal consumer should lead to a decrease in copyright enforcement costs and to higher returns in the creative industries.
Fighting consumer piracy with graduated response: an evaluation of the French and British implementations
Thierry Rayna, Laura Barbie (London Metropolitan Business School), International Journal of Foresight and Innovation Policy 2010 – Vol. 6, No.4 pp. 294 – 314
This paper aims to assess the graduated response systems implemented in France (HADOPI) and in the UK (Digital Economy Act) to reduce consumer piracy. It investigates the rationale of graduated response and its requirements and evaluates (from theoretical and practical standpoints) both French and British systems. While the French system fulfils more requirements, the British system reflects a more cautious approach that involves a ‘double’ graduated response. The costs of both implementations are then investigated. The paper is concluded with remarks on the value of graduated response, the potential problems caused by technological issues and the timeliness of such policies.
Trisha Meyer, Leo Van Audenhove, Luciano Morganti (IBBT-SMIT), Conference paper, presented at 37th Research Conference on Communication, Information, and Internet Policy, George Mason University School of Law. Arlington, VA, 25 – 27 September 2009
Meyer et al analyse consultation responses to the European Commission’s Communication on Creative Content Online (January 2008), finding an even balance of support among stakeholders for and opposition to Graduated Response and filtering as solutions to online piracy, in accordance with apparent self-interest. The article contains a valuable history of the legislative preparations in France and the United Kingdom leading up to the HADOPI laws and Digital Economy Bill.
Trisha Meyer, Leo Van Audenhove (IBBT-SMIT), “Graduated response and the emergence of a European surveillance society”, (2010) INFO, Vol. 12 Issue 6, pp.69 – 79 (Available for purchase)
The paper reflects on and frames graduated response in terms of theories on surveillance society and code. In particular, it analyses the graduated response debate in the European Union and the current initiatives in France and the UK. It argues that graduated response portrays rights holders as being in a state of emergency, is a form of social sorting, and has a technological bias. The paper contends that many objections raised to graduated response have been reduced to issues concerning the procedure rather than the principle, and that important societal questions concerning graduated response remain un(der)explored.
Trisha Meyer (Institute for European Studies, Brussels)
Conference paper, September, 2011. TPRC 2011.
The author contends that the Internet and copyright as institutions have implicit values which are put in conflict by the Graduated Response. Proponents of strong copyright protection have pushed public policy in the direction of a closed, controlled Internet at the expense of wider distribution and creativity.
Journal of Information Policy 2 (2012): 107-127 Doctoral Researcher in Communication Studies, Institute for European Studies, Vrije Universiteit, Brussels
Digital Network Repertoires and the Contentious Politics of Digital Copyright in France and the European Union
Yana Breindl, François Briattey, Conference paper, presented at “Internet, Politics, Policy 2010: An Impact Assessment”, Oxford Internet Institute, 16–17 September 2010
Sylvain Dejean, Telecom Bretagne; Thierry Penard, CREM, Université de Rennes1; Raphaël Suire, CREM, Université de Rennes1. Conference paper, presented at “Internet, Politics, Policy 2010: An Impact Assessment”, Oxford Internet Institute, 16–17 September 2010
Annemarie Bridy, Oregon Law Review, Vol. 89, p. 81, 2010
The author seeks to explain, in the context of evolving network management technology and its impact on intermediary liability rules, why the time may be ripe for broadband providers and corporate rights owners to renegotiate their respective roles in the project of online copyright enforcement. She proposes a set of principles to guide the implementation of graduated response regimes so that consumers do not fall victim to immature filtering technologies and overzealous enforcement.
Annemarie Bridy, (2011) American University International Law Review 26 (3)
The author makes the case that the omission of mandatory graduated response from the final text of ACTA should not be taken as a definitive sign that the entertainment industries have failed in their concerted effort to globalize graduated response. On the contrary, ACTA in its final form both accommodates existing graduated response mandates and requires parties to promote the development of voluntary graduated response regimes in countries where mandates do not exist.
Annemarie Bridy, University of Idaho – College of Law (2011) SSRN
The article seeks to assess the Copyright Alert System established by inter-industry agreement in the US (see United States) against five norms that are central to consumer protection in the enterprise of online copyright enforcement: freedom of expression, privacy, fairness, proportionality, and transparency
Nick Suzor and Brian Fitzgerald, Queensland University of Technology, (2011) 34(1) University of New South Wales Law Journal 1
Authors express concerns about voluntary and legislated Graduated Response schemes, which in their opinion may infringe principles of the rule of law.
Peter K. Yu, Drake University Law School Florida Law Review, Vol. 62, pp. 1373-1430, 2010
The author attempts to explore the GR system’s effectiveness in addressing massive online copyright infringement. He outlines seven basic principles which, in his opinion, policymakers need to take into account if they choose to institute such a system despite its many shortcomings.
The French Copyright Authority (HADOPI): the Graduated Response and the Disconnection of Illegal File‐Sharers
Jondet, Nicolas, University of Edinburgh
Conference paper, August, 2010. TPRC 2010.
Intermediaries in the eye of the copyright storm: A comparative analysis of the three strike approach within the European Union
Evi Werkers, ICRI – K.U.Leuven ICRI Working Paper 4/2011, 7th International Conference on Internet Law & Politics (IDP 2011)
Charn Wing Wan
Journal of Intellectual Property Law & Practice (2010) 5 (4) (Available for purchase)
Eldar Haber, Tel Aviv University (2010) Harvard Journal of Sports & Entertainment Law 2 (2)
Access to Network Services and Protection of Constitutional Rights: Recognizing the Essential Role of Internet Access for the Freedom of Expression
Lucchi, Nicola, Jönköping International Business School
Cardozo Journal of International and Comparative Law (JICL), Vol. 19, No. 3, 2011
The Effect of Graduated Response Anti-Piracy Laws on Music Sales: Evidence from an Event Study in France
Brett Danaher, Michael D. Smith, Rahul Telang, Siwen Chen
Using data from leading record labels, the authors find that the introduction of the Graduated Response in France resulted in an increase in legitimate iTunes sales of 22.5% for songs and 25% for albums.
Video presentation by Prof. Danaher, Canadian Music Week, 23 March 2012
Anne Barron, London School of Economics & Political Science
Journal of Media Law, Vol. 3, No. 2, pp. 305-347, December 2011
Heritiana Ranaivoson, Anne-Catherine Lorrain
(2012) info, Vol. 14 Issue 6 (Available for purchase)
Mary LaFrance, William S. Boyd School of Law, University of Nevada, Las Vegas.
(2012) 29 Cardozo Arts & Ent. L.J. 238
John M. Owen, University of California, Berkeley School of Law (J.D. Candidate)
(2012) 27 Berkeley Technology Law Journal 559
Rebecca Giblin Monash University – Faculty of Law
37 Columbia Journal of Law & the Arts 147-209 (2014)
Monash University Faculty of Law Legal Studies Research Paper No. 2013/56
The author makes a somewhat tendentious attempt to demonstrate that the graduated response does not achieve its intended effects.
Felipe Romero Moreno, Oxford Brookes University (PhD Candidate)
(2013) Vol. 27, nos 1-2, International Review of Law, Computers & Technology
Incompatibility of the Digital Economy Act 2010 subscriber appeal process provisions with Article 6 of the ECHR
Felipe Romero Moreno, Oxford Brookes University (PhD Candidate)
(2014) Vol. 28, no. 1, International Review of Law, Computers & Technology
Arnold, Michael A. and Darmon, Eric and Dejean, Sylvain and Pénard, Thierry, Working Paper, January 16, 2014
Elton, Serona in Mathieu Deflem (ed.) Music and Law (Sociology of Crime Law and Deviance, Volume 18), Emerald Group Publishing Limited, pp.37-58 (available for purchase)
The author examines the legal, political and industrial origins and current state of the Graduated Response in several countries.
Garstka, Chris, Universisty of Nottingham (PhD Student)
(2012) 43(2) International Review of Intellectual Property and Competition Law 158
Právní aspekty monitorování přenášených dat a kontroly přístupu v prostředí Internetu (Legal Issues in Data Monitoring and Access Control on the Internet) (in Czech)
Martin Thurzo, Master’s dissertation, Faculty of Law, Masaryk University