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  • United states

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In the united states, the system that attempts to counter illegal downloading is the copyright information center (CCI) wich was created by a partnership between the content community and internet service providers to warm consumers. The  importance  of copyright protection and help them better ways to enjoy digital content. Thanks to a graduated and successive series of alerts knows as the "copyright alerts system" (CAS), "internet service providers"(ISPS). they educate consumers about illegal activities that are produceson peer to peer with their internet accounts, will warn them off this kind.

The CCI is established  by artists, by branches appartenants to the world of the cinema by the Motion Picture Association of America (MPAA), music with Recording Industry association of America (RIAA), the producers and the independent directors represented by Tea Independent Film and Television Alliance (IFTA) and Tea American Association of Independent Music (A2IM). As well as five Internet service providers: AT*T, Cablevision, Comcast, Time Warner Cable and Verizon.

The answer of the CCI in front of illegal downloading is a procedure of six stages. If the first warning is not sufficient(self-important), Internet service providers can take several measures among which the reduction of the Internet debit of the user or still the forcing of its shift  towards a page on which he will have to either get in touch with his internet access provider or attend a éducationnel program on the copyright. The detail of these six stages depend of the internet providers, the cut of the access  Internet is excluded.
The CCI find our downloads thanks to their partners (producers, distributors, artists) who have for roles to identify the IP address of the individual which makes the offence, connected(bound) with the address of an access provider And to contact the concerned FAI.
The "alarm system for the copyright" being thrown he not it in not for so long, it is still early to make conclusions. But he has not made the unanimity for everybody on the danger of the download yet. David Petrarca, director of episodes of "True Blood" or still "Game of Thrones" (series the most pirated in 2012) declared during a festival to Perth, in Australia, not not préocuper of the illegal downloading. For him, the series are based on the "cultural buzz" and on the comments which they cause. "It is what allows them to survive"

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  • France

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in theory it is liable to constitute an offense of infringement where the punishement can be up to 3 years imprisonnement and a fine of 300000€.

however,this sanction is very rarely praticed (this is the case when the person is responsible for a downloading for example). In the vast majority if cases , there is special procedure,which can sometimes lead to a fine. The device resulting from the hadopi law's provides measures taken against internet users. the people who download from direct sites or use streaming should not be concerned.

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procedure in France

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warning email of Hadopi:

hadopi sends a warning email to the address of the IP user.

 

offense and 2nd email:

in the case of an offense in the 5 months after the first recommendation,a new electronic mail is send to the user. it is also accompanied by a letter of recommendation to the household.

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letter of surrender for signature:

If the person concerned is agin in a recurrence in the one year deal, the rights protection commission will inform him of the risk of criminal proceeding against him by sending a further letter of surrender. It may be possibly to seize the file by transmetting the file. The  trafficker may the be prosecuted for negligence.

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proceedings and fine 

the judge may impose the penalty for fines of 5th degree against the accused. The maximum penalty (hadopi procedure) is a fine of 1500€

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In France,a big problem arises with netflix since the french have the unfortunate tendency to hack. The illegal platform downloading area , recently closed and recorded more than 11 000 times per day. Since its closure in November 2016, one could expect to see the subscriptions to the SVOD(subscription video on demand)  groups growing.

The fight begin to pay since this year, two of the main platforms of downloading in France has been closed. The autorithies hope toshow the right way to the population.

Netflis is ahead of its direct competitor in terms of illegal streaming in France and around the world. One might therefore expect to see a change of mentality which will be at its peak when there will be no illegalities.

In France the system which attempt to counter  illegal downloading is HADOPI (High Authority for the diffusion of the works and the protection of the rights on the Internet). It is an independent  French public authority created by the law " Creation and Internet ", founded by the decree n°2009-1773 of the December 29th, 2009. They hold a budget of 6 million euro and the company is composed of 9 personnel. Hadopi's role is to observe  the use of   productions withe the labeling  of  offers. The Hadopi gives a label allowing  users to reconcile the legal character of internet offers protection  by an intellectual property right. Hadopi also exerts in the fight  against piracy as we exposed it above.

It is constituted by an organization  whose  president is Marie-Françoise Marais, and  a Commission for the protection of rights. It is an autonomous body composed of three magistrates who are in charge of the process of graduate response. 
In France HADOPI lists our downloads as several organizations and individuals can use them:  professional defense, the management organizations, copyright mamagnement companies, the National Film Center of cinematography( CNC), and provide it to the Republic . The act is examined by the  protection commision,which chooses whether to launch the response  system or not.

The system of HADOPI condemned a single individual in 2012 to pay 150 euros fine. Even Mrs Mireille Imber-Quaretta (president of the Commission of protection of the rights) has ensured that PC inpact site (site of computer acuality and numerical in yhe daily newspaper) will disappear " my colleagues of the college think not, but since last May, I know that I will not longer have  the next law. " She declared. At the moment, Hadopi punishes only the Internet users who use the peer-to-peer networks, and not the sites, not including the Streaming. The report proposes targeting the hosts with the same graduated response system, and putting pressure on their funding sources(Paypal, Skrill, the advertisers). Proposals that must be confronted with that proposal by "consultation mission on digital contents and cultural policy in the digital age" led by Pierre Lescure, which already suggest, to give more responsibility to the hosts.

The peer to peer: it is a system for exchanging  files between users who do not pass through a central storage server. The system  often used for illegal exchanges of  video or music files.

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Suite :

 2017       TPE plate-forme de Streaming

 

Dernière Mise à jour du site : 19/02/2017

Adrien Tormos - Hugo Vazille

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