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The HADOPI experiment : instrumenting public action : a narrative



ID: <10670/1.9bfcc6>


The High Authority for Transmission of Creative Works and Copyright Protection on the Internet (HADOPI) was adopted in 2009 with the mission to discipline acts of intellectual property infringement on the internet. The main purpose of this thesis is to produce an empirical account of the creation of this new law (an instrument of public action as an experience of internet governance and internauts). While it is a somewhat minor public issue, illegal downloading creates a myriad of issues across the framework of public action, historically recognised as literary and artistic property rights. The political effects of the digital age, deterritorialised consequences of globalisation, liberalism and technology necessitate a rethinking of the relationship between sovereignty and discipline. The gridlock between DRM; supranational norms; the hijacking of content by users; the collective power of rights holders; the unalterable nature of intellectual property and the militants for free access to culture; the public authorities had to invent and innovate an instrument of public action. The goal of which is to extend an added value of the French nation state: the defense of the cultural exception. Are internauts governable? In constructing a representation of the internet user, through promoting obedience, and by modifying behaviour through incremental incitation (from being informed to being penalised) and by producing as much unwanted behaviour, the HADOPI has effected the political result of inaugurating the first ever attempt (albeit fragile, yet pioneering) to govern the internet and internauts.

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