The requirement for all repeat offenders to be referred to a judge is likely to make the disconnection process more lengthy and laborious for HADOPI. Screen Digest maintains that, even if the law is finally approved by the National Assembly, implementation will be extremely difficult. Anonymous proxies and encrypted streams are just two of the methods which can be used by pirates to evade detection.

The reduction of release windows forms another part of the French government's strategy to encourage legal movie consumption and reduce piracy. By making movies available earlier through a variety of business models and platforms it is hoped that legal outlets will become a more attractive proposition to consumers. But the new windowing structure will probably not have a meaningful impact on illegal downloading in France. Pirated movie files are often circulated immediately after a title has been released on DVD in the US and as a result copies will continue to be widely available in France prior to their legal release on many platforms.

France is one of the few countries where movie release windows are dictated by regulation. Elsewhere release dates are typically determined by content owners, with windows varying from Studio to Studio and often from title to title. With France's regulation unlikely to impact online piracy it may be prudent to remove regulation entirely and allow Studios to experiment with windowing individually. In this way each Studio would be able to attempt to optimize windows to maximize revenue from each movie. For example, in the online environment it may sometimes be more lucrative to delay the VoD window in order to prevent cannibalization of digital retail (also called EST) sales. For other titles the introduction of a VoD option may not substantially affect the number of retail purchases but instead act as a predominantly additive revenue stream.