Report: Graduated response systems don’t deter copyright infringement

To protect copyright holders from those who would illegally download their intellectual property on the internet, a number of countries have experimented with graduated response systems. 

These come in many forms. In New Zealand, for example, the "three strikes" law allows copyright holders to send evidence of infringement to internet service providers. They will then notify internet users of the alleged offense. After the third notification, the copyright holder may—and often does—pursue damages.

It sounds like an effective system, one that balances strict consequences with some degree of leniency. The problem is that, like most graduated response systems, it may not work.

A new report written by Monash University law professor Rebecca Giblin examines the graduated response systems of the U.K., South Korea, New Zealand, Taiwan, Ireland, France and the U.S., only to find that they have been slow to make any difference in the rate of illegal downloads.

In France, for example, only four internet users were prosecuted in the three years that the program remained active. Of those, three were convicted of failing to properly secure their internet connections. In Ireland, the program has also been in place for three years, but with no evidence that illegal downloading and file sharing has abated.

The system in the U.S. is comparatively new, at only six months old. So far, no positive data has been associated with it.

"If there was any data suggesting that the U.S. scheme was having the desired effect … it is reasonable to expect that it would have been released," Giblin said.

With this in mind, governments may have to try a new approach to protecting copyright. Meanwhile, copyright holders may wish to work with a Phoenix business attorney to explore their options.

Categorised in: International Business Law

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