Culture Minister Andy Burnham said last night he thought the French government's plans to introduce new laws to force internet service providers to cut off persistent file sharers were "wrong" for a first response to the conflict between content owners and net providers. Though he added that the UK should watch how those laws work anyway, and that if no voluntary agreement could be reached between music and net firms in this country, then "we're clear about this, we will legislate".
Burnham was speaking at the final of four MusicTank Think Tank debates on the state the growing digital music market, and on how the technology and creative industries can and should work together to overcome online piracy issues and to generate new revenues from content.
The first and last of those debates looked in particular at the relationship between the record companies and the internet service providers, the war of words between whom, of course, has been quite vocal in the last 18 months. As much previously reported, the music industry think the ISPs should take a proactive role in combating online piracy, by sending warning letters to suspected file sharers and, maybe, cutting off those people who continue to access illegal content despite warnings. The ISPs, as a general rule, aren't so keen on taking on that role.
Nevertheless, when the government first said earlier this year that it would force the ISPs to act through new laws if no voluntary agreement could be reached between the music and net industries, the service providers did start to make some concessions, with a Memorandum Of Understanding signed in July in which the record companies and six ISPs agreed to work together on education and enforcement projects and new music services.
"We recognise that this is an important issue", Burnham continued, "which is why we applied some pressure on the ISPs to participate in this process. And I think we'd all agree that there has been a real change of tone this year as a result of that pressure. Things have moved on considerably. But we, in government, know we need to keep that pressure on. I hope the two industries can find a business solution to this, because I believe that is the best way to approach this issue. But as I say, my message is this: we will legislate if no solutions can be found".
Aside from continuing to provide some pressure on the peripheries of the ongoing talks between the music companies and ISPs regarding that MoU, Burnham added that he saw his role on this issue to be internationally focused. "The international aspect of this is underdeveloped", he told the Think Tank audience, "but we need to be thinking about global solutions to the online piracy issue. We need to look at how these issues are being addressed elsewhere in the EU - including France's legislative approach - and how they are being addressed elsewhere".
"A particular priority should be the US", he continued, "where there has been a lot less consideration of this issue than here. The internet provides a particularly good opportunity for the English language catalogue, and that means a great opportunity for the UK and US creative industries in particular. We, in government, need to ensure that a failure to tackle piracy doesn't stop us from capitalising on those opportunities. Come the New Year I do intend to speak to the new American administration about this".
Concluding, Burnham said: "Some advocate that the internet should be an uncontrolled phenomenon beyond governments. But clearly there needs to some rules - and these might be self-regulatory rules - to protect copyright in the digital age, so our creative industries, an increasingly important industry in the UK, can capitalise on the opportunities the digital world offers".
Away from the digital debate, a sneaky audience member threw in a quick question about that other big issue in the music industry on which the government has been less helpful to date - the proposals to extend the recording copyright from 50 to 95 years. Although the UK government is in theory still attached to the findings of its Gowers Report on copyright, which said there was no justification for an extension, referencing the proposals put forward by the European Union's Internal Market Commissioner Charlie McCreevy, which proposes the extension, Burnham said "this is not a closed debate as far as government is concerned, the debate continues internally and we will respond to the EU proposals in due course". Make of that what you will.