UK Musicians Denounce “Three-Strikes” Proposal

Cites US music industry’s failure despite more than 30,000 lawsuits against illegal file-sharers as proof that it won’t succeed.

It was about 3 weeks ago now that UK Business Secretary Lord Mandelson, head of the Department for Business, Innovation and Skills, and whom ultimately is tasked with implementing the recommendations for dealing with illegal file-sharing as outlined in the Digital Britain report, reportedly ordered his staff to come up with plans for a crackdown on illegal file-sharers that includes giving ISPs the power to disconnect repeat offenders ala a “three-strikes” graduated response system.

After first denying the proposal, the BIS later confirmed it, saying that its “thinking has evolved” on the use of “further technical measures” that includes “as a last resort” the power “to suspend a subscriber’s account.”

It feels that the current timetable, which stands at 2-3 yrs for a 70% reduction using a combination of notifications and technical measures, would take an “unacceptable amount of time to complete in a situation that calls for urgent action.”

UK ISPs have already blasted the proposal, saying that it will “likely breach fundamental human rights and result in innocent people being disconnected or, worse, prosecuted.”

Now a number of music artists represented by the Featured Artists Coalition (FAC), the British Academy of Songwriters, Composers and Authors (Basca), and the Music Producers Guild (MPG) have all united to publicly denounce the “three-strikes” plan as well.

“We vehemently oppose the proposals being made and suggest that the stick is now in danger of being way out of proportion to the carrot,” they wrote in a statement seen by the UK’s Guardian. “The failure of 30,000 US lawsuits against consumers and the cessation of the pursuit of that policy should be demonstration enough that this is not a policy that any future-minded UK government should pursue.”

Patrick Racklow, the chief executive of Basca, said the music industry should fully embrace digital distribution and licensing technologies rather than fight a losing battle against illegal file-sharing.

The experience of the US music industry provides the best example of what not to do.

“The problems the music industry faces will not be dealt with effectively through legislation,” he added. “We can’t support these proposals because we don’t think it will work, it will cost too much and is far too blunt a tool.”

He said it was far more important that it “evolve” and adapt to the new reality of a digital music world.

“The music industry is quite a scary place to be at the moment and we don’t know what it will look like in 10 years’ time, but if we find ways of licensing, new ways of doing things will evolve,” he said. “What we can’t do is try to push things forward by looking back.”

Exactly.

Racklow, oddly enough, also cites the fact that studies have found that P2P actually increases music consumption as a reason to be optimistic.

With the govt’s claim that there are 7 million illegal file-sharers in the UK having recently been debunked, the argument for a different approach than the one demanded by record labels has never been stronger.

Now that artists are finally vocalizing their opposition to the plan it essentially ends UK politician’s claims that it needs to protect them.

Stay tuned.

jared@zeropaid.com