This was one of the surprises of the quinquennium of Francois Hollande. The candidate in campaign had promised to remove the Hadopi, introduced by his predecessor Nicolas Sarkozy. But its successive governments that have come to sustain it beyond 2022 and give him a budget of 9 million euros for 2017.
January 10, the High authority was celebrating his seven years. “age of reason ” has satisfied its president Christian Phéline. If its missions remain to protect the works and to promote their dissemination, it seems to be gaining particular power. Reflected in the balance sheet for the year 2015/2016, as presented by his college during a press conference.
more hackers identified
The flagship device -and most maligned – of the Hadopi is without a doubt, the graduated response. It is to remind the law to offenders who use networks, Peer-to-Peer networks to illegally download content. Their IP address is detected by sworn agents commissioned by the rights-holders who draw up the minutes and submit them to the Commission of protection of the rights of the Hadopi.
In 2015, only 50% of referrals from the rights-holders had been treated by the PCD. From October 2016, all of them is to be passed in review, while demand has doubled. the ” This means that the 75 000 applications that we receive by working day lead “, points out Dominique Guirimand, president of PCD. No chance that your IP address to bypass the meshes of the net. The percentage of internet users who are then identified by the ISP remains stable : around 87%.
The graduated response is then to send a first email warning. the ” We send 10 000 per day, or 25% increase compared to the previous year ,” announced Dominique Guirimand. In case of recurrence after the first message, a second email is sent, accompanied by a letter delivered against signature. This step is experiencing a surge of 3% compared to the previous year. the ” 900 letters were sent each business day “, says Dominique Guirimand.
1300 requests for a criminal prosecution since 2012
finally Comes the last step, if the user persists : the input of the judicial authority for criminal prosecution for gross negligence. It gives rise most often to a violation of 5th class from which the maximum amount is € 1500 for individuals and 7500 for legal persons. But the amount is adjusted to the income of internet users criminalized. The pace of the proceedings accelerated from 2016. the ” While only 246 cases were transmitted between 2014 and 2015, and 680 were from July to October 2016 and 259 in the month of October “, explains Dominique Guirimand. Hadopi has also the ability to target the offence of counterfeiting, punishable by a fine of 300,000 euros and three years imprisonment. What has concerned the 9 cases in the last two years.
in The end, it is up to the prosecutor of the Republic to describe the facts, the high authority is not necessarily informed of the outcome of the proceedings. Thus, about 1300 dossiers that since 2012, only 201 have suites well-known.
For the Hadopi, internet users do not re-offend, a majority
” there is no retry in 60% of cases after a first email warning “, welcomes the president of the PCD. But when we point out that these people use then may be other ways to hack like streaming or direct download, we get this response : ” We do not have a vocation to take into account something other than the Peer-to-Peer “.
On this question, the president of the Hadopi Christian Phéline is more disert. the ” We are well aware that other forms of illegal downloading exist. But if we take the case of streaming, for example, there is no legal basis allowing to characterize an illegal practice. And combat technically live would require the use of software is extremely intrusive for the users. What we refuse to do “, he said.
The Hadopi believes that his device has widely proved its ” efficiency “ and that there are many foreign observers who consider it as a model. And do not doubt that the next president of france will help in its mission.
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