ISPs To Collect Pirate User Data In

 2011

 

Large internet service providers will be monitoring internet usage and hold users details if they continue to illegally download music.   

Ofcom have released a draft code to ISPs to implement the sentiments of the Digital Economy Act. Anyone caught out three times within 12-months will have their details sent to the copyright owner so they can held libel in court.
 
“We’ve always had piracy, whether it is home taping, burning a CD and now downloading, regulation should always try and catch that up with new technology but people will always look for ways around it. To get ISP’s to start doing that level of policing is highly unlikely. But I think government should try," said independent record store owner Philip Harding. 

The British Phonographic Industry and its partners in the Creative Coalition Campaign have released the results of two independent reports that look at the possible costs to ISPs of establishing a notification process as envisaged by the Bill to help prevent illegal filesharing:

"The evidence from the first report, shows that total costs to the big five ISPs of sending notifications to music filesharers would be £13.85 million in the first year, around £9m in the second year, and would be likely to drop to £3.4m in the third and subsequent years," said Geoff Taylor CEO of BPI.

"I will be amazed if any statistically significant decrease in copyright infringement happens because of this Code being followed. Simply advising ISPs when and how to notify subscribers who are infringing copyright is not enough," said Mark Mulligan of Forrester Research.

This three strikes and you out policy has already met a fierce response, leaving innocent people to potentially receiving bulling letters and put on an offenders list with little evidence.

The Performing Rights Society believe working in partnership with ISP's, rights holders, music companies and digital services is the key to tackling piracy:

"We've all got to work together to stem the tide of piracy and also offer compelling legal services that people can access. I think we're quite ahead with this having licensed YouTube, Myspace, Spotify and a range of new digital services ensuring creators can earn royalties and music lovers can access the music they want in the form they want it," said Barney Hooper of PRS.

“This is another extremely rushed process, forced by the Digital Economy Act’s absurd timetables. There are huge unanswered questions, not least whether innocent people will have to pay to appeal,” said Open Rights Group spokesperson.

Those who infringe copyright will not only be held libel for unpaid royalties and placed on an offenders list, but could face long-term disconnection. A striking possibility, when in 2009 France’s highest court, the Constitutional Council ruled that access to the internet is a fundamental human right. 

“Government needs to draw a clear line between the notifications and potential disconnection regimes. Otherwise, Ofcom can’t tell people what the accusations mean which is absurd.”

“There is little in the draft that protects the user from false accusations,” said TalkTalk spokesperson.