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UK looks to France for fighting online piracy

Published 27 August 2009
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piracy
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The UK government has announced plans to punish file-sharing on the Internet which resemble France's failed 'three-strike' approach. The move was fiercely criticised by human rights activists and the high-tech industry.

In a new text published this week, the UK government spelled out plans to suspend the Internet connections of users who repeatedly violate online copyright rules. 

The proposals, which were subjected to public debate, draw from a report on 'Digital Britain' published in June.

The harshest potential measure suggested in the original paper was to slow down offenders' Internet connections after issuing them with a series of warnings. The new provisions would have been implemented as of 2012.

But the new paper proposed by the Department of Business Innovation and Skills (BIS), run by former EU Trade Commissioner Peter Mandelson, instead proposed immediately cutting the Internet connections of online pirates. 

Although the government considers such a step to be the last resort, there are concerns the possibility of such interventions could arise quickly without going through the legal process, carrying the risk of violating fundamental rights and punishing the wrong people. This was the argument offered by France's highest court when it blocked the so-called 'three-strike approach' last June (see 'Background').

The UK government will collect the positions of relevant stakeholders until 29 September before considering the next steps.

Meanwhile, in Brussels the European Parliament will soon set up a conciliation committee in conjunction with the Council to deal with the future of the telecoms package. The entire package is currently blocked over an amendment to protect Internet users' rights in the face of unilateral actions, such those foreseen by the governments of the UK and France.

Positions: 

"We've been listening carefully to responses to the consultation this far, and it's become clear there are widespread concerns that the plans as they stand could delay action, impacting unfairly upon rights holders," said UK Minister for Digital Affairs Stephen Timms.

The Open Rights Group, a British NGO, commented in a statement: "This is the wrong moment to go in this direction. Online music revenues are going up, illicit filesharing is going down. This would be in direct contravention of the [government's] goal of universal broadband access, as well as a curtailment of people's freedom of expression."

Francisco Mingorance of the Business Software Alliance (BSA), which represents high-tech companies such as Dell, Microsoft, Cisco and IBM, declared: "While filtering technologies may play a useful role in helping to address P2P piracy, it is not a 'silver bullet' solution, and BSA cautions the UK government against technical mandates on the use of filtering or filtering technologies which could impede innovation."

"Moreover, BSA strongly believes that the element of due process by judicial or administrative review must be preserved in imposing sanctions for internet piracy. It is simply not reasonable to 'lock down' the Internet and automatically sanction alleged copyright infringers without due process," he added.

Background: 

Music sector lobbies and the wider online content production industry have been pushing for a range of initiatives to combat Internet piracy in Europe. They hope to curb activities like downloading or uploading songs, films and software which do not respect copyright rules and thus deny copyright holders a significant potential source of revenue.

The French government has adopted the toughest stance against online piracy. It tried to set up a new authority to regulate and cut Web access for those who share files illegally. But after a lengthy parliamentary approval process, the law was eventually blocked by the France's highest court, which deemed the measures unconstitutional.

During negotiations on the so-called 'telecoms package' in Brussels, some MEPs tried to address the issue of online copyright protection by imposing obligations on Internet service providers (ISPs). But that plan was rejected after heavy pressure from the telecoms industry and consumers in support of free downloading and peer-to-peer websites. 

The telecoms package, which aims to reshape the legal landscape of electronic communications across Europe (see EurActiv Links Dossier), is currently being held hostage by an inter-institutional dispute over Internet users' rights (EurActiv 12/06/09).

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