Digital Britain Consultation: Mixed Views On Anti-P2P Strategy
The consultation on Lord Carter’s interim Digital Britain report closed on March 12. Now the Department for Culture, Media & Sport has published over 200 responses from media companies up and down the land. I’ve read many of them so you don’t have to - here’s a summary of responses to Carter’s illegal downloads strategy…
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—The Alliance Against IP Theft: “There is no clear, national, on‐the‐ground, operational strategy to deal with any sort of IP crime.” The alliance backs Carter’s recommendation for anti-P2P warning letters, but says “there is too big a gap between ... notifications and litigation - bringing legal action is costly, time consuming ... nor is there any evidence that it has a deterrent effect on infringement”.
—Equity: On the anti-P2P warnings leading to civil court action against infringers: “You ignore the fact that this would amount to hundreds of thousands of individual damages claims in the civil courts ... it would be a disproportionate response ... You should treat with some suspicion claims from the ISP lobby that there are civil liberty concerns in doing what the rights owners are suggesting.”
—UK Music: “We generally do not believe that the form of intervention proposed by the (report) ie. letter writing and collection of anonymised data, would provide a complete answer (to illegal downloads). It is not the ambition of right holders to sue their own consumers ... the current proposal would constitute a regressive step.” UK Music opposes the Rights Agency and wants Ofcom left in charge of anti-P2P.
—Internet Service Providers Association: “The difference between copyright infringement via P2P and via hosted services is significant ... we would advocate separating the introduction of legislation for P2P from the work of the (proposed) Rights Agency.”
—Premier League: “It would be helpful if government would articulate in clear terms that theft of intellectual property is not lessened as an offence or civil wrong when it takes place in a digital environment. (ISPs) cannot avoid all responsibility.” The league called for Carter to tackle not just P2P file-sharing but also live streaming. It supports getting data on infringers from ISPs, and three-strikes “should not be ruled out” but should leave it with the option of taking legal action, too. The league wants “a proportionate and practical scale of remedies” because “it is inconceivable that the policy of simply writing letters is going to substantially eradicate this problem” - EMR research last year said 70 percent would stop after one warning. The league said it’s “disappointed” last year’s BPI-ISP warning letter trial didn’t include sports bodies.
—Five: “Where demonstrable and material infringing activity is taking place, the ISPs must assume responsibility and take reasonable steps to prevent it. As long as customers are fully aware of their own legal obligations and those of the ISP, subsequent proportionate action by the ISPs against infringers would be fair. Five supports the proposal to legislate to ensure that ISPs provide information about infringers. However, this must be coupled with appropriate privacy and human rights protection for customers and a fair and proportionate process for dealing with infringers.”
—Virgin Media: “We accept the government’s proposal to introduce such a legislative obligation”; but it opposes the Rights Agency, which would just “inject bureaucracy”, and wants anti-P2P left to Ofcom. Despite the collapse of its legal P2P music Service with Playlouder, Virgin is still planning “an innovative on-line music subscription service (and) we are confident that an agreement is feasible”.
Posted In: Legal, Digital Britain, Regulatory, Ofcom
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