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UK ISPs negotiating voluntary ‘strike one’ system to combat piracy
By Chris Cooke | Published on Monday 12 May 2014
Four of the biggest internet service providers in the UK are in talks with the content industries about establishing a Voluntary Copyright Alert Programme, which in essence would introduce stage one of the long discussed three strikes – or graduated response – system for combating online piracy.
As much previously reported, three strikes is a system by which rights owners – including record companies, movie studios and TV producers – can alert ISPs to suspected file-sharers of unlicensed content. Under the system the ISP would then be obliged to send the suspected file-sharer a letter explaining they are infringing copyright (strike one); then, if the file-sharing continues, a second sterner letter ordering the file-sharer to stop (strike two); and finally a third letter threatening some sort of reduction in service if the file-sharing continues (strike three).
The 2010 Digital Economy Act put in place a framework for such a system to launch in the UK (albeit with strike three undefined), but four years on that graduated response programme is yet to go live, partly because of resistance and delaying tactics from the net firms. Meanwhile in the US, where legislators have not made any moves in this domain, the ISPs have voluntarily introduced an albeit moderate version of the scheme called the Copyright Alert System.
What is now being discussed between the record and movie industries in the UK and Virgin Media, BT, Sky and TalkTalk is probably more similar to the US system, though the net companies probably hope that, if they voluntarily agree to start sending educational letters to suspected file-sharers, it might permanently halt moves to put the statuary system set out in the DEA in place. Though it’s thought that the VCAP initiative will not have any draconian sanction to throw at those who ignore the educational letters.
Initial reports on Friday that VCAP was a done deal and ready to go have been denied by the record industry’s trade body the BPI, though it confirmed that talks are ongoing, and industry insiders say they are hopeful the initiative could launch later this year. According to the BBC, the current draft framework would see the content industries provide some funding to the ISPs to run the scheme, and that there would be cap on how many individuals the labels and studios could file complaints about each year.
A spokesperson for the BPI said: “Content creators and ISPs have, with the support of government, been working in partnership to develop a joint awareness programme that would support the growth of legal digital entertainment services, reduce illegal downloading and create the best possible customer experience online. Discussions are ongoing and no agreement has been reached – reports that an announcement is imminent are wide of the mark. We will comment further if and when any agreement is in place”.
