HHR New Media, Entertainment and Technology Group

Over the last year, we’ve been following the recent trends in Europe regarding “three strikes” legislation, where end-users may be subject to sanction by their ISPs for repeated acts of copyright infringement.  Following passage of the first such law in France last fall, the United Kingdom followed suit in early 2010 with passage of the Digital Economy Act.  While it is too early to say with certainty whether the laws will achieve their stated goal of deterring and ultimately reducing infringement, the debate surrounding these laws and early experience under their enforcement schemes provides insight into whether or not “deputizing” ISPs to police piracy will become more prevalent or whether yet another approach will need to be devised to protect content owners. Continue Reading »

On October 22nd, France’s highest court approved the “three strike law”, which will deny Internet access to those people that illegally copy music and movies and are deemed repeat copyright infringers.  The bill, known as Haute Autorité pour la Diffusion des Oeuvres et la Protection des droits sur Internet (High Authority for the Distribution of Works and the Protection of Rights on the Internet), authorizes the French courts to terminate an individual’s Internet access and impose a fine of up to EU 300,000 ($415,000) or two years in a French prison. The French law calls for the establishment of a new agency, which will issue warning notices to Internet users accused of piracy or infringing activity – such warnings will be sent out up to three times before fines and/or harsher penalties are imposed. Continue Reading »