The debate about copyright enforcement – whether rights holders’ unshakable conviction in the effectiveness of graduated responses is rational – has reached a watershed. This is not to say that there aren’t any ongoing, well-funded lobby campaigns around the world aimed at convincing policy makers to revert to the practice of some form of graduated response. Nor am I saying that there aren’t any other important considerations, such as the rights of citizens and intermediaries, to be weighted in when debating copyright enforcement, lessening the case for such practices. Rather, what I am saying is that arguing for graduated responses can no longer be done on efficiency grounds without at the same time being intellectually dishonest.