Home > Anti piracy >
In 2023, rights holders monitoring French internet users submitted 2.6 million complaints to authorities after determining illegal sharing of pirated content on peer-to-peer networks, including BitTorrent. Throughout 2023, a total of 3,844 subscribers were classified as having "serious negligence" after receiving a third warning, while 1,526 cases were referred to the prosecutor. A relatively small number, only 234, received a financial penalty.
French telecommunications and audiovisual regulator Arcom has published its annual report covering 2023. At 199 pages, it is an important read; Our limited focus here will be on copyright and infringement issues.
'Three Strikes' still going strong
The French gradual response system (previously called "Three Strikes") was launched in 2009/2010 to address widespread piracy of copyrighted content carried out by Internet users on peer-to-peer networks. peer, predominantly BitTorrent and eD2K networks.
The mechanism involves sending a series of escalating warning notices to subscribers whose connections have been monitored while they share copyrighted content online, primarily movies, TV shows and music.
The ultimate goal of the current plan has not changed since its inception; inform Internet users that their piracy activities are being tracked by rights holders and that if this continues despite warnings, consequences will follow. The big question is whether the mechanism produces positive results.
References continue to fall
In general, graded response warnings are designed to raise awareness and encourage behavioral changes. The data provided by Arcom represent a mix of positives, some positive assumptions and what appears to be a failure to produce gains in a key area.
As the data below shows, the number of rightsholder referrals to Arcom has been on a downward trend for several years. With the continued popularity of centralized streaming and file hosting services, primarily at the expense of consumption via BitTorrent, that's to be expected.
Arcom points to the success of the program as the main reason the numbers continue to decline, but also acknowledges other factors.
โThis decrease is due to a plurality of factors, such as the positive impact of the gradual response procedure, the transformation of practices related to the consumption of cultural works on the Internet, the acceleration of the dissemination of legal offers during the year, or even the increased use of alternative solutions (VPN) by Internet users,โ explains the regulator.
Survey Data indicates that 38% of Internet users in a first warning say they now use a VPN.
Specification change increases accuracy, with no drop in processing rates
2023 was an unusual year for the detection of alleged infringers. For the first time, all French Internet service providers had to facilitate the identification of their subscribers by associating their IP addresses with the source ports of their connections.
The goal here is to reduce complications from IP addresses being shared with other subscribers. Arcom says this change resulted in a significant increase in the average detection rate; from 56% in 2022 to 77% in 2023.
As a result, French Internet users received 137,578 initial warnings, of which 32,894 received a second one. About 10% of them did not understand the message, which led to 3,844 Internet users being found guilty of gross negligence in "pre-criminal" procedures.
A total of 1,526 cases were referred to the prosecutor in 2023, compared to 1,395 in 2022 and 1,484 in 2021.
At the end of the punishment, very few changes
The generally static data for 2021, 2022 and 2023 suggests the plan is likely to be ineffective against a subset of internet users. Given how unusually similar the numbers are year over year, it's also possible that processing capacity, benchmark quotas, or other artificial factors play a role in keeping levels stable.
However, at the sharpest end of the scheme, where persuasion and education lose strength, only punishment remains. Of the 3,844 Internet users classified as having "serious negligence", only 41% (1,526) were referred to the prosecutor; that seems to suggest a better than 50/50 chance of avoiding immediate punishment.
Of the 1,526 cases examined by the prosecutor, only 838 have "known legal consequences" for the subscriber involved. This seems like another 50/50 chance of avoiding punishment, but it's unclear what actually happens to those involved.
Relatively few Internet users receive financial punishments
Of the 838 cases that did not disappear into the ether, fewer than three in ten cases resulted in a financial penalty.
โIn 2023, 838 judicial processes were presented to Arcom, of which 28% resulted in economic sanctions (fines or equivalent) or criminal sanctions. strictly speaking or alternatives to prosecution accompanied by the payment of a fine (criminal composition) or a citizen contribution (the amount of which, set by the Public Prosecutor's Office, is paid to authorized victim assistance associations,โ explains Arcom.
If non-BitTorrent piracy market share continues to meet public demand through streaming and hosting services, Arcom is likely to see diminishing returns in its pursuit of peer-to-peer infringers. That said, the number of users still sharing content rather than streaming it is significant.
Combine that with Arcom's recent green light of the EU's highest court to continue monitoring alleged offenders, no changes are likely to be seen in the foreseeable future.
