Digital Britain report sets out legislation to reduce unlawful file-sharing
The long awaited Digital Britain report sets out a number of measures designed to acheive the Government's own target of reducing illegal peer 2 peer file-sharing activity by 70% over the next three years.]=1553
Legislation will place Ofcom under a duty to protect copyright material and to reduce online infringement.
Specific measures required of ISPs will be:
- to notify alleged infringers
- to make available to rights-holders anonymised information on serious repeat offenders.
Ofcom will also be given the power to specify, by Statutory Instrument, other conditions to be imposed on ISPs aimed at preventing, deterring or reducing
online copyright infringement, such as:
● Blocking (Site, IP, URL);
● Protocol blocking;
● Port blocking;
● Bandwidth capping (capping the speed of a subscriber’s Internet connection
and/or capping the volume of data traffic which a subscriber can access);
● Bandwidth shaping (limiting the speed of a subscriber’s access to selected
protocols/services and/or capping the volume of data to selected protocols/
services); and
● Content identification and filtering.
Note: This power would be triggered if the notification process has not been successful after a year in reducing infringement by 70% of the number of people notified.
UK Music response
The UK music industry is cautiously optimistic about Lord Carter’s Digital Britain report today – the recognition of the damage that illegal filesharing is having on music and other creative industries and the fact there will be discussions and conversations in the months ahead is a progressive sign which is welcomed by UK Music.
Although heartened that this issue has been placed at centre stage, we believe that Government’s proposed requirements for Internet Service Providers (ISP’s) to notify subscribers identified as infringing copyright; and to collect anonymised information on serious repeat infringers, coupled with additional powers for Ofcom to implement technical measures against those individuals who persist to infringe copyright, will still not be enough to meet their stated ambitions of reducing file-sharing by 70-80% within 2-3 years.
Commented Feargal Sharkey, Chief Executive of UK Music: ““We would like to see action now. Over the past 12 months, UK music companies have exceeded themselves in terms of innovation and experimentation, offering unprecedented access and choice to music fans. Yesterday’s announcement by Virgin Media and Universal Music of their all-you-can-eat MP3 service comes on the back of free-to-consumer offerings from Spotify and We7 and the removal of Digital Rights Management from the download market. There are more licensed download services in the UK than any country in Europe. I am certain there will be even more in the coming weeks, months and years.”
“We are keen to begin the consultation process as soon as possible and open a dialogue with industry partners. As part of this conversation and to set the ball rolling, UK Music has today proposed a series of proportionate measures, targeted specifically towards persistent file sharers, which we believe would help take forward the debate even further. The express aim of these measures is to encourage them to migrate toward licensed music services” [see note].
“The UK Music industry fully embraces the principle of universal broadband. However, against the undoubted commercial opportunities this would bring, our members cannot continue to innovate and invest in the shadow of an illegal peer-to-peer ecosystem. To tackle this issue, we need the cooperation of all Internet Service Providers [ISPs].
“UK Music’s members AIM, BASCA, BPI, MPA, MU, PPL & PRS for Music have proposed a series of proportionate measures to help curb the unlicensed and unsanctioned use of music online. It is our belief that such measures, in tandem with a diverse range of online services, will ensure the sustainability of the UK music business for now and future generations.
“We look forward to working with Government and technology partners and taking this debate forward in the weeks and months ahead.”
UK Music proposal for a graduated response
- Warning notice. The ISP will send a letter to the account holder illegally file sharing copyright material
- Interactive Notification & Web Redirection. The ISP will redirect the account’s web browser to a website which will require the account holder to identify themselves and their responsibility for the account.
- Should an ISP receive evidence of illegal file sharing on an account for a third occasion, it will send a notification to the account holder that their internet service will be immediately suspended for 72 hours.
- Evidence of illegal file sharing on an account on a fourth occasion, the ISP will send a notification to the account holder that their internet service will be immediately suspended for one month.
- With evidence of illegal file sharing for a fifth occasion, the ISP will suspend the account for a period of two months and that a further two month suspension will be implemented if a further infringement occurs