Only recommends legislation requiring ISPs to notify individuals of copyright infringement, and to comply with court orders requesting personal info of “serious repeat infringers”.
The Digital Britain Report, a comprehensive plan intended to further the UK’s digital economy and society, and prepared by Lord Stephen A. Carter, Minister for Communications, Technology, and Broadcasting, was published late last week, and it contains some 22 recommendations, including specific proposals on:
- upgrade and modernise wired, wireless and broadcast infrastructure;
- secure a dynamic investment climate for UK digital content and services;
- provide a range of high quality UK made public service content;
- ensure fairness and access, with universal availability and promotion of skills and media literacy; and
- develop the infrastructure, skills and take-up to enable widespread online delivery of public services.
It is the section on digital content that is of most concern to file-sharers in the UK. I already reported early last week how David Lammy, the UK’s Intellectual Property Minister, said the government has decided against a “3-strikes-and-your-out” policy disconnecting repeat copyright infringers, and the Digital Britain Report confirms that.
From the report:
ACTION 13
Our response to the consultation on peer-to-peer file sharing sets out our intention to legislate, requiring ISPs to notify alleged infringers of rights (subject to reasonable levels of proof from rights- holders) that their conduct is unlawful. We also intend to require ISPs to collect anonymised information on serious repeat infringers (derived from their notification activities), to be made available to rights-holders together with personal details on receipt of a court order. We intend to consult on this approach shortly, setting out our proposals in detail.
The report says that urgent action is needed to combat illegal file-sharing because it has caused a “fundamental change in consumer expectations.” It says that there is now a growing expectation, particularly among the tech-savvy young, that content can be found and shared for free.
“There is a corresponding resistance to paying for content, or accepting that an inability to pay means an inability to access the content,” it reads. “The collective impact of small scale individual infringement is considered to be significant while recourse for such infringement is delivered through individual civil court actions which can be costly and time consuming for the rights holder and which are perceived as disproportionate by consumers.”
What has made file-sharing flourish however, especially with music, is that the entertainment industry has been reluctant to provide customers with the content delivery and distribution systems that provide a reasonable, legal alternative.
“Perhaps most importantly the availability of legal content in the forms that consumers want is crucial,” the report adds. “In the short and long term, the rights holders must find the innovations that once again enable them and their customers to respect each other’s point of view. These are businesses where the customers and content creators alike have been used to paying for and rewarding emotional commitment, enjoyment and admiration.”
The BPI, formerly the British Phonographic Industry, has already criticized the report, saying that “it is hard to see how letter-sending alone will achieve the aim of significantly reducing illegal file-sharing.”
“Consumer research shows that file-sharers are only likely to change their behaviour if they know that letters are the first step in a process and further action will be taken by service providers.”
I disagree. All it will mean is the practice will be further driven underground.
Instead of worrying about letters and lawsuits, perhaps the BPI should do as Lord Carter suggested and focus on innovation and meeting the desires of music fans.
jared@zeropaid.com
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