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French Pirates Are Increasingly Buying Through Legal Options


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Do you guys remember Hadopi? This French version of a law designed to kick copyright infringers off of the internet essentially ended in 2016, after all kinds of reports showed the program to be an inefficient, unreasonably harsh failure that actually resulted in more infringement rather than less. Well, this travesty probably seems altogether silly here in 2018, given that Hadopi largely targeted filesharing infringement, while the majority of "piracy" these days takes the form of streaming content online rather than downloading it. Those enforcing Hadopi have no real way to track that kind of "piracy", making the whole thing useless.

But the French government appears to want to see if it can repeat its mistakes all over again, with reports that it will institute a streaming site blacklist, which will be every bit as effective as Hadopi. Making all of this especially odd is that it comes at a time when so-called pirates in France are increasingly turning to legal offerings and spending gobs of money on them.

A new report published by consultancy firm EY reveals that the number of French pirates has dropped by 8%, from 11.6 million in 2016, to 10.6 million last year. The remaining pirates also downloaded and streamed less infringing content than the year before, with consumption dipping 4%.

In fact, it appears that pirates are increasingly “going legal.” This doesn’t mean that they have quit their copyright infringing habits completely, but they are more likely to pay for access too. In the span of a year, the number of pirates without a video on demand subscription dropped by nearly 30%. The result is that more than half of all pirates also pay for a legal movie streaming service now.

The reasons why someone might simultaneously pirate content and pay for it through legit services have been covered here many times in the past. It ends up coming down to some combination of content-availability, not wanting to work through the silos content-providers have erected around what customers want, and reasonable pricing models for that content. What data like this ultimately shows is that so-called pirates are perfectly willing to pay for content if its offered to them in a convenient and reasonable way with few mental transactions needed. You know, how all of commerce works.

And, yet, for some reason the French government has decided to try to censor streaming sites -- which it is guaranteed to do badly -- in the face of this optimistic data. Instead, it should be working with content producers and streaming providers alike to make that content as widely available as possible.

“Netflix has managed to reel in pirate consumers who weren’t signed up with a legal service before. In 2017, there were 20% more pirate consumers paying for a Netflix subscription than the year before,” EY’s report states.

This suggests that the main goal of movie studios and other content providers is to make sure that their work is widely available on legal streaming platforms. Ideally, without any delays and at a reasonable price.

Giving the customer what they want, how they want it, at reasonable prices. What a completely novel and hard to grasp idea.

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