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Graduated response can be done prudently  Many companies have ‘Terms of Agreement’, violation of which automatically leads to cancellation of service. Suppose you don’t pay your library subscription for a year: no one would complain of ‘lack of due process’ if your subscription was subsequently cancelled. A Graduated response policy is no different.  Moreover, the graduated response policy can be made to fit the rules of due process. For example, in the French HADOPI-law, after a third violation, the case gets referred to an ‘expedited judicial procedure’, typically used for minor traffic violations, after which that judge will decide.  Compare this to the unfairness before a graduated response policy is implemented: copyright holders might detect and sue one single consumer and extract a very heavy penalty, whilst the rest of the downloading consumers got away. Both the uncertainty and the height of the fine made the situation before a graduated response-policy an ‘enforcement lottery’. [1]  [1] Nathan Lovejoy, JOLT Digest ‘Procedural Concerns with the HADOPI Graduated Response Model’, January 13, 2011. URL: