Access to Knowledge: a guide for everyone Page: 54
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2. FAIRER LAWS AND ENFORCEMENT PRACTICES
than necessary under the relevant international instruments.48 Citing
this study and others, a 2010 treatise found that:
Some countries faced pressure in advance of their first
efforts to draft, debate and implement TRIPS-related IP re-
forms. Once TRIPS-related reforms were in place, many
countries subsequently faced additional pressures to repeal,
modify or strengthen provisions in their laws. Most countries
also faced international pressures in the area of administra-
tion and enforcement of laws, including regarding the prac-
tical use of flexibilities included in their national laws.49
2.3.3 Enforcement by intermediaries
As noted earlier, a growing trend is for countries to adopt what are called
"three strikes" or "graduated response" programmes, which amount to
the termination of a user's Internet access in response to a repeated al-
legation against them of sharing copyright files without authorisation.
Graduated response systems can be legislated across the entire industry,
or they may be voluntary, based on agreement between content owners
and ISPs (as for example in Ireland).so
France was the first country to introduce a legally-backed graduated
response regime, despite a successful constitutional challenge to a pre-
vious version of the law which would have allowed sanctions to be ap-
plied against alleged copyright infringers, before any judicial authority
had ruled on such allegations. The revised version of this HADOPI law,
which requires such a ruling, remains in force.51 Other countries that
have adopted graduated response laws, or are in the process of doing so,
are New Zealand, South Korea, Taiwan and the United Kingdom.
Graduated response is problematic in part because the penalty it pro-
vides is wholly disproportionate to the alleged offence, as it means that
user is also cut off from their social networks, their government, their
48 Consumers International, Copyright and Access to Knowledge. Kuala Lumpur: Con-
sumers International, 2006, op. cit. (as in n. 14).
49 Deere, Carolyn, The Implementation Game: The TRIPS Agreement and the Global Poli-
tics of Intellectual Property Reform in Developing Countries. New York: Oxford Univer-
sity Press, 2009, p. 18.
50 Collins, John, Eircom to cut broadband over illegal downloads. 2010 (URL: http:/ /www.
51 Pfanner, Eric, FranceApproves Wide Crackdown on NetPiracy. 2009 (URL: http:/ /www.
nytimes.com/2009/ 10/23/technology/23net.html?_r= 1).
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Noronha, Frederick & Malcolm, Jeremy. Access to Knowledge: a guide for everyone, text, 2010; Kuala Lumpur, Malaysia. (digital.library.unt.edu/ark:/67531/metadc33297/m1/64/: accessed December 11, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .