With the three-strike system for combating illegal file-sharing now almost certainly about to become law in France - only the French Constitutional Council still has to approve the provisions that sit within the proposed Creation And Internet Law - UK record label trade body the BPI has called on the UK government to make good on past promises to force internet service providers to take a more proactive role in policing online piracy.
As much previously reported, under the new French laws persistent file-sharers will be sent warning letters telling them what they are doing is illegal. If they continue to file-share after receiving two such letters they risk having their internet connection disconnected at the order of a new government agency set up to police such things.
Early last year, when the music business started to become much more vocal about their frustrations with ISPs with regards their failure to play a part in policing piracy, UK ministers gave indications that if the net firms would not enter into a voluntary agreement with the content owners regarding combating file-sharing then new laws would be introduced to force them. The French three-strike system wasn't ever officially mentioned, but it was much discussed on the side-lines at the time.
Such ministerial comments persuaded net firms to begin more formal talks with the UK record companies, and to voluntarily send out warning letters to suspected file-sharers, albeit without the threat of disconnection. But those formal talks haven't progressed much in terms of the ISPs taking on some responsibility for curbing file-sharing, which means that the content owners really need the government to come through with its promises to force the net firms to act.
Alas, a year on the relevant political types, and especially IP Minister David Lammy, don't seem so keen to act. As a result, proposals for protecting copyrights online in the government's recent 'Digital Britain' report were somewhat lacklustre.
Nevertheless, the BPI takes those proposals as a starting point in urging the UK government to follow their French counterparts in taking some solid and probably legislative action in this domain. In particular they note the report's proposals of a 'code of practice' regarding the ISPs' role in monitoring and stopping illegal file sharing, and call on the government to draft that code asap. They also ask that plans for a Digital Rights Agency, also outlined in the 'Digital Britain' report and which might administer any new systems put in place, don't get in the way and further delay proper action.
In a statement published yesterday, the BPI confirmed that it has "asked the government to strengthen its planned legislation on ISP responsibility for illegal filesharing, and to publish its draft legislation, as quickly as possible".
They add: "In the interim 'Digital Britain' report, published in January, Ministers made a commitment to introduce legislation requiring ISPs to notify alleged infringers of copyright and to collect anonymised information on repeat offenders. This legislation is to be underpinned by a Code of Practice drawn up by industry. that the Code is an urgent requirement and should be the primary focus of action, along with the publication of the draft legislation. that the Code should require ISPs to implement measures that prevent customers who ignore warning letters from continuing to use their internet service illegally. And if the Code cannot be agreed by industry before legislation comes into force, Ofcom should have the power to impose a Code and to enforce it".
The trade body sees media regulator OfCom has having an important role in all of this, which is another reason why they feel the Digital Rights Agency is less important, and possibly just a distraction from more pressing matters. They add: " it is not necessary to create a new Digital Rights Agency to achieve these core aims. They could be delivered more quickly and more effectively through a forum of interested parties, facilitated either by government or by Ofcom, without the need to establish a new agency".
Putting their demands in the context of developments in France, BPI boss Geoff Taylor told CMU: "The French government has acted with admirable speed in bringing forward a solution to online copyright infringement. Its legislation will establish clear rules to discourage freeloading and allow legal services to succeed. Although the UK approach may differ in detail, Britain's creators need concrete action here to get off the ground. The French system will be up and running by Autumn, so ministers need move swiftly if the UK is not to be left behind".
He added: "The focus now should be on taking the steps that are necessary to give effect to the proposed new legislation. That is what will have the greatest impact in reducing unlawful filesharing; not the complexity of creating a new organisation. Ministers should publish the draft legislation without delay so that work on the Code of Practice can begin, to ensure that it is ready for when legislation comes into force. Work around joint consumer education and looking at potential obstacles to legitimate business models can take place in parallel, while further consideration is given to the wider issues proposed in the Rights Agency paper. Britain's creative industries must not lose out to those of other countries where copyright infringement is being dealt with".