Nowadays, in France, the fight against piracy is organized by the HADOPI (High Authority of Diffusion on the Art Works and Protection of Rights on the Internet).
As part of the graduated response, the Internet service providers have to transfer to the HADOPI their subscribers’ identity spotted on the P2P network.
However, this identification represents an important cost that the operators would like to invoice. The French State should take it over by paying back the operators for their work.
The problem is, since 2010, the French State refuses to do it so the Internet service providers assume the full cost of the identification.
This is why Bouygues Telecom submitted the matter to the Conseil d’Etat (Council of State) whose decision was given on December 23rd, 2015.
By its decision, the Conseil d’Etat orders the Government to issue a decree for the Internet Service Providers’ indemnity, within the next six months.
This decree will have to provide for the modalities for compensating over costs from services provided by the operators. By the verdict, the judges cancel the Prime minister’s implicit decision refusing to take the necessary measure pursuant to Law of 12 June 2009 about broadcasting and protection of the creation on the Internet.
Today, the question to know if the government will respect this injunction remains outstanding. In a context where the HADOPI is more and more disputed regarding its relative effectiveness in the fight against piracy, it will be interesting to carefully follow the government’s reaction in order to assess the durability of this regulation.