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US ISPs sending out file-sharing warning letters, but no more, OK?

By | Published on Thursday 26 March 2009

Two US internet service providers have outlined their efforts to help the music industry combat online piracy, though they have denied reports that those efforts amount to a major change in policy, nor that they have made any commitments to anyone about introducing a three-strike disconnection system.

The Record Industry Association Of America announced late last year that it was planning to end its ultimately pointless programme of litigation against individual file sharers after thousands of generally successful lawsuits against those who accessed illegal sources of music did little to stem the growth of file sharing in the US.

The RIAA said that instead of its litigation programme, it would follow the lead of their counterparts in the UK – the BPI – and maximise their efforts in persuading the internet service providers that they have both a duty to and an interest in taking a more proactive role to combat piracy committed by their customers via their servers. The BPI, of course, has been pursuing that strategy for some time, especially since it reached a Memorandum Of Understanding with six British ISPs last year. Though that said, the net firms remain resistant to getting too involved in the fight against piracy, and have so far committed to little other than sending out warning letters to those customers suspected of file sharing.

It is that kind of letter that both US net providers AT&T and Comcast have confirmed they have been sending out to customers accused of illegally accessing or sharing unlicensed content. Reps from both net firms confirmed that activity at a music business conference in Nashville this week, comments which led to speculation that the two companies had entered into new agreements with the RIAA, and that the three-strike system was looming – ie if customers ignored two or three such warning letters they could have their net connection cut off.

But a spokesperson for Comcast subsequently clarified their point, stressing that their activity consisted of just sending out letters, no more, and that that activity was not new. The spokesman said: “Comcast, like other major ISPs, forwards notices of alleged infringement that we receive from music, movie, videogame, and other content owners to our customers. This is the same process we’ve had in place for years – nothing has changed. While we have always supported copyright holders in their efforts to reduce piracy under the Digital Millennium Copyright Act and continue to do so, we have no plans to test a so-called ‘three-strikes-and-you’re-out’ policy”.

A spokesman for AT&T, meanwhile, admitted that they are looking into new ways to boost awareness of copyright laws among their customers, but also stressed that the three-strike system was not on their agenda. Speaking to Digital Music News, a spokesman said: “We are trialing an effort that’s about customer education and deterrence. Since this effort is about customer education and deterrence, we are not suspending or terminating our customers’ service. We do refer customers to our Acceptable Use Policy, which governs use of our service, but we are not issuing ‘takedown notices’, nor are we participating in a ‘three-strikes’ plan”.

AT&T’s Michael Balmoris added that he thought, perhaps somewhat optimistically, that a programme of warning letters was, in itself, an ample measure to combat file sharing. He told DMN: “Our experience has been that the majority of our customers stop the questionable behavior [after receiving a letter], and some have even contacted us to thank us for the notifications because they were unaware of the illegal downloading”.



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