Thursday, October 22, 2020

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French Three-Strikes Anti-Piracy Law Mostly Benefited American Movies
Ernesto Van der Sar, 22 Oct 09:53 PM

France has been fighting on the anti-piracy enforcement frontline for more than a decade now.

The country was the first to introduce a graduated response system, Hadopi, where Internet subscribers risked losing their Internet connections if they were caught sharing torrents repeatedly.

This elaborate anti-piracy scheme provided a great opportunity for researchers to study the effects on legal consumption. Over the years, many papers have been published, documenting both positive and negative effects.

Recently, a new study was added to the mix that looks at the effect of the three-strikes law on movie theater visits. The researchers specifically examine the effects of Hadopi's early period. That's years ago now, but the academic papermill moves slowly.

The paper, published in the peer-reviewed journal Information Systems Research, shows that the anti-piracy law didn't increase box office revenue overall. However, it did have an effect on the type of movies people were picking.

Hadopi Boosted Market Share of US Films

"We show that, following the introduction of the Hadopi law, the market share for US films increased by 9% at the expense of other movies," says Christophe Bellégo, Assistant Professor in Economics at ENSAE and lead author of the paper.

This market share increase comes at the expense of other films, including French ones, as the overall expenditure on box office tickets remains relatively stable. The researchers expect that this increase in U.S. movies can be explained by the belief that these are riskier to pirate.

"Without an anti-piracy law, some people illegally consume American movies online and legally watch domestic movies in theaters because illegal copies of American movies are easily available on the Internet during their theatrical exhibition. This is much less the case for other movies," Bellégo tells us.

While one might think that overall movie theater visits would increase, that's not the case. According to the researchers, this can be explained by the fact that people have limited time and money.

No Overall Revenue Increase

The findings are not very uplifting for the French movie industry. Instead of boosting revenue, attendance of French films dropped. However, the researchers don't want to conclude that the three-strikes measures failed. They simply changed consumption habits.

"[The effects are] clearly not in line with the French cultural policy aimed at supporting the production of domestic films and cultural diversity. However, depending on what the ultimate goal of the government is, supporting fair competition or supporting domestic cultural production, the policy is more or less efficient."

Put differently, Hadopi corrected legal consumption patterns in favor of the US movie industry, which more accurately reflects people's true demand. At least, when it comes to movie theater visits.

Limitations

There are some limitations to the study of course. The research period is limited to the period between 2008 and 2011 when Hadopi was getting started. It's likely that these effects wore off over time. Similarly, the researchers only looked at the theatrical market. Other revenue streams, such as DVDs and Blu-ray sales, were not considered.

That said, it's clear that anti-piracy measures affect various types of content in different ways. For some it's positive, and for others, it clearly isn't.

"As in many other areas, the effects of policies are complex. They often lead to redistributive effects where there are winners and losers. It's a bit like sitting on a waterbed. Your weight displaces some water elsewhere, but the total volume is the same," Bellégo tells us.

"Understanding the asymmetric effects has important implications for firms whose profits may be affected by legislation fighting piracy as well as for governments for the design of their policy," he adds.

The paper by Christophe Bellégo and Romain De Nijs, titled "The Unintended Consequences of Antipiracy Laws on Markets with Asymmetric Piracy: The Case of the French Movie Industry," is available here (paywall). A free pre-print can be found on SSRN.

From: TF, for the latest news on copyright battles, piracy and more.

Logs Seized From F-Secure's VPN Must Be Destroyed, Court Rules
Andy Maxwell, 22 Oct 11:02 AM

dataWhen using the Internet, everyone leaves some kind of digital footprint and for most individuals going about their daily business, this could be as simple as their ISP-allocated IP address.

To gain additional privacy, some people turn to VPN providers which exchange the user's ISP IP address for one operated by the provider. The important thing here for those seeking the best levels of security is to ensure that the VPN provider has systems in place to prevent these two IP addresses from being linked. In basic terms, this means choosing a so-called "no log" provider.

When Logs Exist, They Can Be Targeted

Finnish security company F-Secure operates a VPN service known as FREEDOME which, according to the company, does not log what websites users visit but does create and store connection logs. When required to under the law, FREEDOME will hand over any data it holds in response to law enforcement or court requests, which is normal among all reputable companies.

Back in January 2019, Finland's National Bureau of Investigation (KRP) seized VPN logging data from FREEDOME in response to a legal request from the Federal Criminal Police Office (Bundeskriminalamt / BKA) in Germany. The BKA was investigating a "serious crime" and traced the perpetrator back to an IP address operated by F-Secure's VPN service.

By obtaining FREEDOME's logs, the authorities wanted to get closer to the suspect.

F-Secure Attempts to Have Seizure Overturned

As reported by YLE, F-Secure filed a request at the district court for the seizure to be overturned and the seized logs destroyed, arguing that the data seized should be classified as confidential communications, which may only be seized in accordance with Chapter 10 of the Secret Coercive Measures Act.

The company said that any data seized should only concern communications created by or received from the suspect in the matter. When KRP seized F-Secure's logging data, the law enforcement agency took more. However, KRP countered by stating that it was entitled to seize the data because what they were seeking wasn't access to confidential communications but customer data held by F-Secure.

In a May 2019 decision, the district court found in favor of F-Secure, noting that seizing the data would require coercive measures under the Coercive Measures Act. The court also found that F-Secure was not a party to the communications in question but acted as an intermediary, so KRP wasn't able to use coercive measures either.

What Information Did F-Secure's FREEDOME VPN Log?

As highlighted earlier, FREEDOME admits to keeping some logs and the extent of that logging was heard in court. According to YLE, the data seized by KRP consisted of customers' IP addresses, the device ID of the device used to access the service, a session ID, the start and end time of the connection, and the amount of data used by the subscriber.

KRP was interested in logs that could show connection timestamps and the amount of data used. According to an F-Secure expert who gave evidence in court, the logs could not show which sites were visited by a subscriber. However, by combining timestamp and data usage logs, which F-Secure reportedly retains for 90 days, it might be possible to obtain evidence on the suspect.

KRP Files Appeal at the Helsinki Court of Appeal

Unhappy with the decision of the district court and the order to destroy the seized logs, KRP took its case to the Helsinki Court of Appeal.

The appeals court handed down its decision yesterday, upholding the decision of the lower court which ruled that the seizure was illegal and the logs should be destroyed.

What effect this will have on the investigation in Germany isn't clear but the ruling does offer some additional clarity on what and how data can be obtained from local VPN providers.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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