The boss of Carphone Warehouse yesterday took up the gauntlet thrown down by record labels trade body the BPI and hit out at proposals by the music industry that internet service providers, like their Talk Talk division, should take a more active role in policing illegal file sharing online.
As much previously reported, the music business has long accused the ISPs of doing too little to combat the copyright infringement conducted by many of their customers via their internet connections. The need for the ISPs to do more has risen up the agenda of the music companies more recently, and become a really hot topic since the start of the year. The record labels' work in this domain was boosted when the government indicated that, if the ISPs would not sign up to a voluntary system and take on a more proactive role in combating illegal file sharing, they would introduce new laws to help the content owners protect their copyrights online. But from the start the ISPs have been very resistant to take on any such active role, arguing that they simply provide access to the internet, that they can't be expected to police the way people use that access, and that there would be big privacy issues to consider if they were to do so.
While the ISPs opinion on this matter has been widely known throughout, partly through low key statements from their trade body, the ISPA, and through off the record remarks from execs at some of the net firms, so far no big cheeses from that sector have publicly stated their case. Carphone Warehouse and Talk Talk CEO Charles Dunstone changed that yesterday by issuing a statement criticising the BPI and rejecting their demands for assistance in fighting online copyright infringement.
He told reporters: "We are the conduit that gives users access to the internet, we do not control the internet nor do we control what our users do on the internet. I cannot foresee any circumstances in which we would voluntarily disconnect a customer's account on the basis of a third party alleging a wrong doing. We believe that a fundamental part of our role as an internet service provider [ISP] is to protect the rights of our users to use the internet as they choose". He added that he was of the opinion that the record industry, who were struggling because of their own failures to adapt to the digital age, were simply looking to "foist their problems on someone else".
The BPI quickly responded to Dunstone's statement, claiming that the Talk Talk boss was seriously misrepresenting, or possibly misinterpreting, their requests. The trade body's top man Geoff Taylor told reporters: "In claiming that the music industry is asking any ISP to become the "internet police", "impinge customers rights" or "restrict freedom to use of the internet", Talk Talk either seek to misrepresent our position, or just doesn't get it. At heart of this issue is ensuring that creators are fairly rewarded in the digital age, and we passionately believe that working in partnership with ISPs to develop first class, safe, legal, digital music services is the way forward. But no successful partnership can be established with ISPs who refuse to do anything to address the problem of illegal downloading on their networks".
He continued: "Contrary to Talk Talk' claims, passing advice on to their customers is not "unreasonable" or "unworkable". No ISP is being asked to police the internet. We ask that they act on information that is provided to them. Talk Talk claims it is their role to "protect the rights of their customers to use the internet as they choose". We strongly disagree on this point when that usage is illegal, and the government's position in this area is also clear. We believe that any socially responsible ISP should, as a core part of its business, put in place steps to help their customers avoid engaging in illegal activity, and deter those who knowingly break the law. We firmly believe in an internet where property rights are respected, and creativity is fairly rewarded. This will grow our digital economy, which is in the interest of all of us. Talk Talk should understand that time has moved on, and should choose to be part of this future".
As previously reported, the BPI recently posted a short essay on the whole Record Labels v ISPs debate on its website, stating its case and outlining what it is looking for the net companies to do. You can read it here: http://www.bpi.co.uk/isp-partnership