UPDATED: BPI lauds ISP deal on file sharing

 

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Posted on 24 Jul 2008 at 12:37

ISPs recognising their responsibility to help tackle unauthorised file sharing is a "significant step forward", UK record labels' association the BPI said today.

The UK's six largest ISPs have signed up to a memorandum of understanding (MoU) that requires them to work with music and other rightsholders towards a "significant reduction" in illegal file sharing. The memorandum has also been signed by the BPI, the Motion Pictures Association of America (MPAA) and the government's Department for Business, Enterprise and Regulatory Reform (BERR).

To begin with, "hundreds of thousands" of letters will be sent by ISPs to customers whose accounts the BPI alleges have been used illegally. Meanwhile, under Ofcom's supervision, the signatories will work together to draw up a code of practice to deal with alleged repeat offenders.

The memorandum also commits the signatories to develop legal online services.

BPI chief executive Geoff Taylor said that the he has always believed that a partnership approach is the best way forward, as the recent campaign with Virgin Media showed.

"This has demonstrated that ISPs and the music business can work together positively to raise awareness about illegal file sharing. And, working with government, we have been able to build on that progress and encourage other major ISPs to start taking a responsible approach," he said.

"In addition, the music business is constantly innovating to offer new, safe and legal ways to enjoy music online, and to create a future for digital music where creativity and copyright are respected. This MoU will help to create an environment in which such new digital services models can flourish."

The BERR has published a consultation on proposed new legislation requiring ISPs to take action against filesharing under Ofcom's code of practice.

Business Secretary of State John Hutton welcomed the ISP's decision to opt for co-operation rather waiting for the government to force them to act.

"This is an intelligent approach to tackling unlawful fire-sharing by industry and ISPs. It tells consumers what they can do, rather than just what they can't,"he said. "This light-touch approach keeps up with the pace set by technology and will protect consumers, creative industries and the use of technology now and in the longer term."

UPDATE: The Open Rights Group said that offering consumers legal, attractive and competitive alternatives is the way to curb illicit filesharing.

"The MoU mentions that such alternatives might include subscription, on demand or sharing services," said executive director Becky Hogge. "But unlike with the proposed enforcement measures, no timetable for providing legal alternatives is mandated. In this way, today's announcement has its priorities wrong - preferring criminalising consumers over catering to them."

She added that whatever measures are used to detect file sharers will only prove effective in the short term.

"As soon as law enforcers start snooping for IP addresses to pass on to ISPs for disconnection, hardcore file sharers will simply start using encryption and IP-masking to obfuscate their identities. Then they'll develop software that makes it easy for non-technical people to do the same. Driving illicit file sharers further underground isn't going to earn artists a penny, and will further irritate their fans."

Author: Simon Aughton