“Three-Strikes” Response to Copyright Infringement: The Case of HADOPI

Abstract

Another notable example of how copyright enforcement has moved well beyond addressing specific infringing content or individuals into Internet governance-based infrastructural enforcement is the graduated response method, terminating the Internet access of individuals that (allegedly and) repeatedly violate copyright. The case of the French Hadopi (Haute Autorité pour la Diffusion des OEuvres et la Protection des droits sur Internet), law first, agency next, both highly controversial, illustrates this strategy of dubious effectiveness for the purpose it is meant for, but of high disruptive potential for Internet users and access rights-and potentially affecting other, perfectly legitimate activities as a collateral effect. In this paper, we will describe the unexpected and perverse effects of this law using the notion of legislative serendipity to explain why this law has never reached the target it was intended for.