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File sharer2/28/2023 ![]() Many sharing practices do not intend to reject or disrupt, so, while some sharing practices might constitute a (partial) disruption to the commodity exchange model, they may not necessarily result in its negation. We conclude that all forms of digital sharing involve degrees of reciprocity, and that all sharing in digital contexts is gradually appropriated by capitalist logics, mainly through the creation of auxiliary revenues. These different practices of giving and sharing are analysed according to the way in which reciprocity is articulated, the extent to which they disrupt the capitalist model of commodity exchange, and the ways in which they interact or not with it. In this article we address three modes of sharing in a digital context, embedded in a cultural exchange model - sharing code, sharing content and sharing access. Some of these practices of resistance are in the form of a disruption to or rejection of the commodity exchange model. However, many practices from below resist, reject or at least disrupt the stringent property rights regime and the primacy of the market, two core elements of neoliberal ideology. Some argue that neoliberalism can be seen as having negated its negation, namely socialism and communism, and become unquestionable and common sense. The link between both mechanisms has never been considered before. It deals with the certification of “legal” services, which has only rarely been studied. Originality/value – The paper is the first to combine economic and legal approaches to analyze the graduated response. The topic is therefore of premier importance for copyright at global level. Practical implications – The HADOPI Law is considered a pioneer in the field of copyright enforcement, especially as a first application of the graduated response. Targeting consumers in the name of copyright may cause a rejection of copyright as a whole. Both mechanisms destabilize the French copyright law by putting more pressure on ISPs and online services. However, the graduated response's efficiency is dubious the certification raises the issue of defining what is legal. The former aims at deterring file sharing, the latter aims at guiding consumers towards “legal” services. Findings – The paper shows that the graduated response and the certification of a “legal” offer both target consumers. Both approaches are used to point out the limitations of the law. ![]() Economic analysis is used to understand the rationale of the law. The legal debates have been analyzed and transcribed in a casual discourse. ![]() Design/methodology/approach – The paper combines legal and economic approaches. It also aims to describe both, analyze their rationale and discuss their likely impact. It aims to focus on two aspects of the law: the graduated response and the certification of a “legal” offer. Purpose – The purpose of this paper is to analyze the HADOPI Law adopted in France in 2009.
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