Long criticized, the Hadopi will disappear in its current form on January 1. However, the High Authority has not said its last word and will return in the guise of Arcom, born from the merger of the CSA with Hadopi.
Created in 2009, the High Authority for the dissemination of works and the protection of rights on the Internet (Hadopi) has experienced a controversial course. The institution has been entrusted with several missions since its creation, including that of combating the illegal downloading of films or music. Since its creation, the Hadopi has distinguished itself with its “Graduated response” Where “Graduated response” to fight piracy. On her site, she presents this principle as a “Prevention mechanism” which consists of reminding the owner of an Internet connection of his obligation to ensure that it is not used to download or make available on peer-to-peer (P2P) networks works protected by copyright . Concretely, the Hadopi recovers the identity of subscribers who have carried out illicit exchanges on P2P networks and sends a warning by email. A second warning may be sent, followed by a notification letter noting a “Gross negligence” will be sent in case of recurrence.
The procedure is well known and this component undoubtedly represents the most famous mission of Hadopi. However, the institution has been debated since its inception and its lack of efficiency is regularly pointed out. Specialist in the subject, the editor of the site Next INpact, Marc Rees, noted last year that the Hadopi had brought in 87,000 euros at a cost of 82 million euros since its birth. In addition, the High Authority finds itself limited in its anti-piracy missions due to changes in usage. Massively used in the early 2000s (eMule, BitTorrent, etc.), peer-to-peer (P2P) has lost its influence and is no longer the most used download mode by online hackers. Direct downloads (DDL) or streaming have grown, while Hadopi has remained limited to exchanges occurring on P2P networks.
Considered today as outdated, the High Authority had almost disappeared in 2016. It will finally be until 2022 for the disappearance of the Hadopi, in its current form, to be confirmed. The law on the regulation and protection of access to cultural works in the digital age has been published in the Official Journal, confirming the end of the Hadopi and the creation of the Arcom. The Superior Audiovisual Council (CSA) and the High Authority for the Distribution of Works and the Protection of Rights on the Internet (Hadopi) will merge to create the Audiovisual and Digital Communication Regulatory Authority.
On January 1, 2022, the two entities will be brought together within Arcom, which promises to bring new life. In a press release, the new regulatory authority ensures that its creation will make it possible to constitute a “Integrated regulator” with extended skills. “This new authority will also be more in touch with digital issues, the fight against infox and hate content, and the regulation of subscription video platforms with the obligations incumbent on them”, specifies the document.
This new project intends to recover the various missions of Hadopi, including the fight against piracy and the graduated response mechanism. The Arcom also wants to be more effective in the fight against recent practices such as streaming, illegal IPTV or direct downloading. It comes at a time when the legal offer has grown considerably in recent years, with many SVOD platforms, online music and video games. Finally, Arcom ensures that it will have important files to deal with ” since birth “. It is particularly a question of consolidation projects in the audiovisual sector.