But now the French government is forcing the internet middlemen to play a role in catching copyright infringers.
On November 23, the French government announced it is to set up an independent body which will send out warnings to individuals who share files over the internet illegally. It will do so with the help of internet service providers (ISPs).
If downloaders refuse to comply, they will risk having their internet accounts suspended or terminated.
The plan was backed by representatives of ISPs as well as music producers and artists. It was developed after Denis Olivennes, from the French retailer FNAC, issued a report outlining proposals to curb online piracy and punish offenders.
Under the terms of the deal between ISPs, copyright owners and government officials, ISPs have pledged to experiment with technologies to filter out infringing content on their networks. Record producers have undertaken to make a special effort in favour of interoperability, particularly with regard to music catalogue produced in France.
The independent government body will publish monthly the results of its anti-piracy actions so the effectiveness of the measures can be assessed.
The International Federation of the Phonographic Industry (IFPI) said that it considered the French government’s move a groundbreaking policy, as well as being one that it hopes will set a precedent for other countries.
John Kennedy, chairman & CEO of IFPI called this "the single most important initiative to help win the war on online piracy".
He also went on to praise French president Nicholas Sarkozy for appointing Olivennes to lead the review.
He added: "The winners will be French music, French employees and French music fans. By requiring ISPs to play a role in the fight against piracy, President Sarkozy has set an example to others of how to ensure that the creative industries remain strong in difficult markets so that they can remain major economic and cultural contributors to society."
In a speech on Friday, Sarkozy blamed online music piracy as a cause for the "genuine destruction of culture".
"The internet must not become a high-tech Far West, a lawless zone where outlaws can pillage works with abandon or, worse, trade in them with total impunity. And on whose backs? On artists' backs," he said.
The move also found support from the Federation Against Software Theft. John Lovelock, its chief executive, said: "If people abuse the internet they deserve to have their use of the service restricted – simple as that."
But French consumer rights group UFC Que Choisir has criticized the plan to force ISPs to get involved in the fight against piracy. It described the agreement as "very tough, potentially destructive of freedom, anti-economic and against digital history".
And Cédric Manara, a law professor at l'EDHEC, said that he was not convinced that other European countries would follow France’s lead.
"France has always been a staunch defender of IP rights," he said. But he argues that the new French agreement on ISPs represents a cultural phenomenon and is unlikely to become a trend in Europe.
He also said that, at present, the legal status of an IP address still constitutes personal data, which means that the new policy may not comply with French and European law.
The proposal is expected to be submitted to the French parliament in the next session.
