Arnold, Darmon, Dejean and Penard (2014)
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Source Details
Arnold, Darmon, Dejean and Penard (2014) | |
Title: | Graduated Response Policy and the Behaviour of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law |
Author(s): | Arnold, M., Darmon, E., Dejean, S., Penard, T. |
Year: | 2014 |
Citation: | Arnold M. A., Darmon E., Dejean S. and Penard T., Graduated Response Policy and the Behaviour of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law (2014) |
Link(s): | Definitive , Open Access |
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About the Data | |
Data Description: | The study proposes and economic theoretical model which is tested against empirical data collected from the results of an online survey of 2000 individuals, about about their legal and illegal consumption of music, movies and series, as well as their knowledge and perception of the Hadopi law. |
Data Type: | Primary data |
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Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
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Abstract
Most developed countries have tried to restrain digital piracy by strengthening laws against copyright infringement. In 2009, France implemented the Hadopi law. Under this law individuals receive a warning the first two times they are detected illegally sharing content through peer to peer (P2P) networks. Legal action is only taken when a third violation is detected. We analyze the impact of this law on individual behavior. Our theoretical model of illegal behavior under a graduated response law predicts that the perceived probability of detection has no impact on the decision to initially engage in digital piracy, but may reduce the intensity of illegal file sharing by those who do pirate. We test the theory using survey data from French Internet users. Our econometric results indicate that the law has no substantial deterrent effect. In addition, we find evidence that individuals who are better informed about the law and piracy alternatives substitute away from monitored P2P networks and illegally access content through unmonitored channels.
Main Results of the Study
The authors' theoretical model of illegal behavior under a graduated response law predicts that the perceived probability of detection has no impact on the decision to initially engage in digital piracy, but may reduce the intensity of illegal file sharing by those who do pirate. They test the theory using survey data from French Internet users. Their econometric results indicate that the law has no substantial deterrent effect. In addition, they find evidence that individuals who are better informed about the law and piracy alternatives substitute away from monitored P2P networks and illegally access content through unmonitored channels.
Policy Implications as Stated By Author
The authors believe that both their theoretical and empirical results indicate that the graduated response policies are not effective in deterring piracy activity, at least until a significant portion of the population have received initial warnings and face punishment upon receiving a subsequent warning. In addition, the results indicate that the gains in legal purchases pre-empting the introduction of the HADOPI law are likely to be the result of positive educational externalities generated by publicity surrounding the law, and that they are not attributable to a deterrent effect that reduced digital piracy.
Coverage of Study
Datasets
Sample size: | 2000 |
Level of aggregation: | Individual |
Period of material under study: | 2012 |