If you wish to keep having diversity in your cultural industry, that's not a bad thing.
If only there were some sort of global system for distributing niche productions to those subscribers who want to see them. Perhaps some sort of system using minicomputers to transmit the information - we could call it "Minitel".
But seriously, are you really trying to claim that the internet is making it harder for niche producers and consumers to connect?
But sometimes making room for minority viewpoints/culture/attitudes is worth interrupting the all-consuming capitalist neoliberal worldview for a moment, if just long enough to allow someone to point out its many flaws.
There's this thing called the internet. It allows minority producers and minority consumers to connect with each other. For example, if you wish to read fiction about the Death Star's project manager, or My Little Pony characters living in the world of Fallout, or a rationalist-themed fanfic rewrite of Harry Potter, you can do so.
There is even erotic fanfic to the aforementioned Harry Potter fanfic.
It's never been easier for producers and consumers to find each other than today. If the stuff the French are trying to protect can't survive in the age of the internet, it's because no one likes it.
It doesn't help a well-respected cultural tradition of art continue and give it the tools it needs to continue to exist.
And plenty of people like it. The whole point of art is that often, if it's worth anything, the majority of people don't like it. Comparing art to erotic fanfics really quite makes my point for me -- the character of your argument is laid bare, you aren't willing or capable of making the distinction, it's all mindless entertainment and nothing more. The fight the French are fighting against is the lowest common denominator which replaces art -- valueless trash which is entertaining and nothing more. It is seductive and destructive and valuable monetarily but valueless otherwise.
Discussing the "lowest common denominator" is an outdated argument from the broadcast television era. "Lowest common denominator" doesn't exist anymore due to entertainment becoming fragmented. When it premiered, Seinfeld's ratings were 8.0, making it #14 on TV. Today, the #1 show (Big Bang Theory) has ratings of 8.8.
http://www.thewrap.com/seinfeld-no-14-in-its-debut-season-wo...
http://www.nielsen.com/us/en/top10s.html
Lets face it - the problem with the stuff that you are defending is that it's enjoyed by fewer people than erotic meta-fanfic.
The market isn't an effective vehicle for supporting art of any real value, it always has been.
Which all is only tolerated but not allowed by copyright laws.
I'd argue that the goal with the French cultural protectionist laws is not to allow diversity, but to choose winners and losers by constraining choice.
So affirmative action for ideas? If you can't win, maybe you can win by forcing people to listen to you?