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Six of the UK’s leading ISPs (BT, BskyB, Virgin Media, Orange, Tiscali and Carphone Warehouse) have signed a groundbreaking deal with the Government, agreeing to send thousands of “informative letters” to customers whose accounts have been identified as being used for illegal filesharing. The Memorandum of Understanding, drafted by the Department for Business, Enterprise and Regulatory Reform (BERR), also commits ISPs to educating users about copyright and reducing the level of illegal filesharing.
The deal falls short, however, of the “three strikes” system proposed by the BPI, which would see users’ net connections terminated if they ignore three written warnings from their ISPs. Historically, ISPs have been reluctant to engage with the BPI, on the grounds that it should not be their role to police the internet, nor to share in the cost burden of this traffic management. Nevertheless, the Government’s drive to clamp down on music piracy has led certain ISPs to commit to the new deal in a bid to avoid more stringent proposed legislation, although this has sparked concern that customers may abandon these ISPs in favour of other providers who can offer a greater degree of privacy.
Users of illegal music downloading sites should beware: the BPI has appointed a specific enforcement team to monitor these sites and identify the IP addresses of offending users. This information will then be forwarded to the relevant ISP, to be matched to the corresponding household, who will then be targeted with a warning letter. The letter will inform offending households that their internet usage is being monitored and that they may be penalised with reduced internet speeds, aimed to make it more difficult to download large files.
The BPI is hoping that the parents of offenders (it is thought that the majority of the estimated 6.5 million illegal filesharers in the UK are under the age of 24) will be key to the anti-music piracy campaign. Many parents may previously have turned a blind eye or been completely unaware of their children’s internet activities and the warning letters may provide an incentive for increased monitoring at a domestic level.
Of course the warning letters are not a final solution. The Government has requested that Ofcom liaises with the ISPs and the music and film industries to work out a way to sanction persistent offenders. If no suitable agreement can be reached it seems that legislation will be the most likely next step. BERR is to publish a consultation document, which may push for new legislation that will force ISPs to take an even more robust approach to music piracy.
Emma Way
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Simkins' early warning bulletins are for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court. Please note that past bulletins included in the Archive have not been updated by any subsequent changes in statute or case law.
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