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Sirinelli, Pierre --- "The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources?" [2010] ELECD 527; in Bently, Lionel; Suthersanen, Uma; Torremans, Paul (eds), "Global Copyright" (Edward Elgar Publishing, 2010)

Book Title: Global Copyright

Editor(s): Bently, Lionel; Suthersanen, Uma; Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447660

Section: Chapter 32

Section Title: The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources?

Author(s): Sirinelli, Pierre

Number of pages: 14

Extract:

32. The graduated response and the
role of intermediaries: avoiding
the Apocalypse or a return to the
sources?
Pierre Sirinelli*

1 INTRODUCTION

This is the final presentation of the congress. It is supposed to be part of
a historical film, that of a 300-year construction! However, the law I have
to tell you about is certainly not the most attractive stone. And I suppose
that we will not be talking about it in 300 years. Unless, perhaps, out of
curiosity and so on. It is a special law that is worth mentioning because it
is indicative of trends. More a law of `means' than content, that is to say
what interests us: works and creators.
The term `graduated response' has been used in France to describe
the possible legal responses to the question of illegal `peer-to-peer' (P2P)
exchanges. It is preferable to use the phrase `graduated response' rather
than the neighbouring `flexible response', the latter being part of military
(one dares not say `diplomatic') language, borrowed from the Cold War
and evoking an attitude based on violence and nuclear response.1
This concept of `graduated response' makes it possible to understand
the idea of the new sanctions that the French law, voted on 13 May 2009,
and entitled `Creation and Internet', was intended to introduce in the case
of breach of literary and artistic property rights. These sanctions should
be proportional to the offence and appear less severe, as opposed to the



* Professor at Paris-I University ( ...