Tag Archives: france

U.S. Looks North of the Border for Anti-Piracy Inspiration

Hollywood is the envy of the world when it comes to making movies. In terms of protecting them once they are made, though? Well, we might need to start looking to the Great White North for our anti-piracy ideas, as a new program in Canada proves to be rather successful in curbing infringing activity.

 

After just a few months in operation, the new Canadian notice system is showing drops in piracy between 50-70 percent on some of the country’s most popular network providers. The system is rooted in Canada’s Copyright Modernization Act, through which ISPs can be required to deliver copyright infringement notices to customers when they themselves are made aware of infringing activity.

Closing the loop between the makers and monitors, the firm behind the initiative – and posting these impressive numbers – is Los Angeles-based rights corporation CEG TEK International.

The results in Canada are all the more surprising because of the mixed results typically associated with notice-based systems, whether they come via ISPs or directly from rights holders.

We all know the limitations of the U.S. DMCA system, whereby rights holders flag infringing content links to the sites that host them, only to see a new link pop up with the same content and the original poster rarely taken to task for the act.

Also common are systems based on infringement “strikes,” where an ISP does notify the infringing party and/or those who access the content. But a strike system is based on escalating warnings and has generally proved too lenient, both here at home, and abroad in countries like France and the UK. The French law in particular, known as HADOPI, was reversed in 2013 after its more severe punishments were poorly enforced and users frequently found a way around the system.

So what makes the Canadian notices system more successful than those that have gone before it?

It is still early days, but it seems the threat of financial penalties are a key motivator in changing behavior north of the border. More importantly, these are not the mind-boggling fees that we saw in the early days of piracy litigation. Rather they are more manageable fines for non-commercial copyright infringement, which give the recipient pause for thought without coming across as a draconian measure.

Even with the maximum cap at $5,000 for these fines, those going out to ISP customers are significantly less. Ranging from the low to mid-hundreds of dollars, the price is not financially crippling for the user but certainly send a message that, even when it can be easily accomplished, content theft remains a crime.