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Content industries push for three-strikes in the UK

By | Published on Wednesday 13 May 2009

A whole string of trade bodies representing content owners and cultural types – including the record industry’s BPI, the UK Film Council, actors’ union Equity and those slightly scary Federation Against Copyright Theft people – stepped up their campaign against the internet service providers yesterday, using a London Creative Economy conference to pile more pressure on government types to force ISPs to take a more proactive role in policing online piracy.

As much previously reported, the music and movie industries want the ISPs to take on a proper role in policing casual online copyright infringement, ultimately cutting off those individuals who persistently upload or download large amounts of unlicensed content. Although the BPI et al don’t use the term ‘three-strike’, they talk about introducing a “graduated response” system, which is basically the same thing. Online infringers are sent increasingly stern warnings by their ISP and, if they don’t respond or appeal, would ultimately be disconnected from the net.

Content owners argue that without the prospect of disconnection piracy warnings will go unheeded. True, said content owners could sue the infringers – and there are active proposals to make it easier for record labels etc to access the names and addresses of suspected infringers – but music and movie companies would prefer to keep the whole thing out of the courts. Partly because of the cost and time involved in litigation (especially when the defendants are likely to have modest wealth with which to pay damages), partly because of the PR challenge of being seen to sue your customers, and partly because such legal action, even on a rampant scale, hasn’t proven to be much of a deterrent in the past.

Beyond sending on warning letters to their infringing customers, the ISPs are not in favour of any three-strike or “graduated response” system, while some consumer groups have expressed concern at any process that could see people losing internet access without the opportunity for a court hearing (concerns also expressed by the European Parliament last week). As much previously reported, moves are afoot in France to make the three-strike system law, to be administered by a government agency. Here in the UK ministers have seemed much less keen, however, to introduce anything quite as draconian as a disconnections programme.

With that in mind the various trade bodies at yesterday’s meeting were keen to call for more government action now here in the UK to force ISPs to act. BPI boss Geoff Taylor told the event: “An endless free lunch for consumers when it comes to digital content is unsustainable. Unless ministers strengthen proposals for ISPs to deal with illegal behaviour online a ‘creative crunch’ will follow – investment in new British talent will ultimately dry up. The internet cannot be a place where respect for the law is abandoned. Even though the music business is creatively fit and strong, free-loading reduces investment in new music and in turn threatens the jobs of thousands of young people working in A&R, recording, marketing and promotion”.

He called on the government to do three things in the final draft of its much previously reported ‘Digital Britain’ report. “To recognise that the music sector has already transformed its business models online; to take seriously the argument that a “write and sue” policy will not be effective; and to use the time available in this parliament to introduce legislation requiring ISPs to act against persistent illegal downloaders”.



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