Music Ally

It’s hotting up in Ireland, where the country’s second largest ISP BT Ireland is facing litigation from the four major labels, to force it to introduce a graduated response policy against illegal file-sharers.

The news follows an agreement earlier this year between the labels – represented by industry body IRMA – and largest ISP Eircom, which agreed to introduce a three strikes scheme. Another ISP, UPC Communications, is also facing legal action now.

The latter is defiant though: “There is no basis under Irish law requiring ISPs to control, access or block the internet content its users download,” says a spokeswoman for UPC. “In addition, the rights-holders’ proposal gives rise to serious concerns for data privacy and consumer contract law.”

IFPI boss John Kennedy says he expects the three-strikes element of the French Creation and Internet bill to become law, despite being slapped down by the country’’s Constitutional Council last week.

“We believe there will be a solution to this,” Kennedy tells Billboard, with that solution being the appointment of a special judge to rule on cases where consumers’ internet connections will be cut off. “That is our understanding of what will happen as the next step, and it will take some time, but there is still the determination on the part of the French government to make sure that this happens,” he says.

He’s also taken aim at suggestions that internet access shouldn’t be cut off as part of such cases. “It is interesting to me this concept that the right to access the Internet is a fundamental human right,” he says. “I don’t understand why we’re not balancing a fundamental human right of access to the Internet with the fundamental rights of intellectual property holders.”

It’s interesting, though, that today’s announcement of a deal between UK ISP and Virgin Media DOESN’T involve permanent disconnection – just temporary. Perhaps that’s a definition of balancing these fundamental rights.

The UK government may be considering legislation to force ISPs to implement graduated response schemes to punish persistent illegal file-sharers, but it seems in the US, the RIAA is struggling to negotiate voluntary deals along those lines with ISPs there.

At least, that’s the gist of a CNET report, which points out that six months ago the RIAA announced plans to work with ISPs on graduated response schemes, with warnings leading up to cutting the internet access of file-sharers. At the time, it said it would announce partners within six weeks, but six months later none have been announced.

CNET quotes one anonymous ISP executive as saying the RIAA has been too heavy-handed in its efforts to get the ISPs to sign up, while the RIAA ripostes that its efforts have led to nearly half a million warning letters being sent out to infringers. It seems the US and UK could be set to provide contrasting case studies of the merits (or otherwise) of government intervention.

The UK Culture Secretary confirmed today that the Government is preparing legislation to force Internet Service Providers (ISPs) to apply technical measures on the most persistent file sharers. The full announcement will be made in the Government’s Digital Britain report which will be published later this month.

Government Ministers are often prone to appearing at industry events and delivering the usual bland words of comfort but leaving policy completely alone. But Culture Secretary Andy Burnham’s speech this morning to the Making Online Music Pay conference was unusually clear.

Burnham revealed that there would be a new requirement placed upon ISPs to oblige them to notify identified file sharers. But, more significantly, he also confirmed that the Government is now in the process of drafting legislation to back up this obligation by giving reserve powers to the regulatory body Ofcom. These reserve powers would enable Ofcom to ensure that ISPs then applied technical measures against the most persistent file sharers. Burnham characterised the policy as a ‘graduated response’.

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Getting ISPs to disconnect customers who are repeatedly caught sharing music illegally is the hot new theory when it comes to copyright protection, although ISPs’ willingness to do it varies. However, the European Parliament has now weighed in, narrowly voting to signal its opposition to the idea (by 314-297 votes). (more…)