Does The 'Three Strikes' Approach Work, In Any Sense? Here's The Evidence

Last week we reported on the suspension of Hadopi's one and only suspension, as France moved away from using Internet disconnection as a punishment. That manifest failure of the scheme that pioneered the three strikes approach makes a new paper from the Australian scholar Rebecca Giblin, called "Evaluating graduated response", particularly timely. As its title suggests, this is a review of the three strikes approach in the light of the experiences in the five countries that have adopted it: France, New Zealand, Taiwan, South Korea and the UK -- even though the latter has still not put it into practice. 

On Techdirt.

French Farce: Hadopi's First And Only Suspension Has Been Suspended

Back in June we wrote about Hadopi's first and only successful disconnection case. As we also noted then, in the wake of its abject failure, Hadopi was being dramatically curtailed. In particular, disconnection is no longer available as a punishment for those alleged to have downloaded files without authorization. 

On Techdirt.

First French File-Sharer Sentenced To Disconnection Under Hadopi; But Judgment May Be Unenforceable

As we've noted before, Hadopi has been a colossal failure on just about every metric, and now seems on the way out. But French taxpayers' money is still being wasted on the scheme, which continues to send out huge numbers of warnings. Ironically, given its imminent demise, Hadopi seems to have finally claimed its first disconnection victim, as PC Inpact reports (original in French.) The person involved has been sentenced to disconnection for 15 days, and must pay a €600 fine. Strangely, it seems that he or she shared only a couple of works, so even that brief period seems harsh. However, there is still scope for an appeal, so the sentence is not yet definite. 

On Techdirt.

McAfee Patents System To 'Detect And Prevent Illegal Consumption Of Content On The Internet'

As a post on the French site Numerama reminds us (original in French), the department responsible for implementing the three-strikes plan known as HADOPI was also supposed to provide Internet users with information about technical solutions to reduce infringement. That never happened -- instead, the body has preferred to send out warning messages on a massive scale and to seek convictions, even of those who are innocent. But in the meantime, the US company McAfee seems to have obtained a patent on just the kind of thing the French law originally had in mind: 

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France Considers Operating System-Level Filtering

Long-time readers will remember the appalling way in which the UK's Digital Economy Act was brought in - with no research, no debate, and no democracy. At its heart lies the infamous "three strikes" idea: if you are alleged - not proved, but merely alleged - to have shared files online on three occasions you will be subject to some punishment. Originally that was cutting off your hand, er, your Internet connection, but as the discussions over implementing this unjust and punitive law have dragged on, it's become less clear how it will actually work.

On Open Enterprise blog.

Early Lessons From New Zealand's 'Three Strikes' Punishments

New Zealand has the unhappy distinction of being in the vanguard of using the "three strikes" approach of punishment for people accused of sharing unauthorized copies online. As in France and the UK, this was brought in without any preparatory research to ascertain its effectiveness, and without any real thought about the practical implications. That makes a post by Susan Chalmers on the blog of InternetNZ, a "non-profit open membership organisation dedicated to protecting and promoting the Internet in New Zealand", particularly valuable.

On Techdirt.