Lord Mandelson has announced this week that the UK will in fact be adopting the highly controversial ‘three strikes’ Internet piracy law, disconnecting multiple time offenders from the Internet while levying heavy fines.
The government added that first time offenders will likely be given a warning, then have their bandwidth restricted after a second offense. Third strike means being disconnected from the Internet, or at least “considered” for disconnection given the crime.
The law will come into effect April 2010, says the Department for Business, Skills and Innovation. Ofcom will be in charge of monitoring the file-sharing of UK citizens.
UK ISP TalkTalk, a strong critic of the bill, came out swinging after the announcement: “What is being proposed is wrong in principle and won’t work in practice. In the event we are instructed to impose extra judicial technical measures we will challenge the instruction in the courts.”
When asked about the material losses for ISPs given disconnection from the Internet for their subscribers, Mandelson added: “I have no expectation of mass suspensions. People will receive two notifications and if it reaches the point [of cutting them off] they will have the opportunity to appeal.”
Another staunch critic of the plan, the Internet Service Providers’ Association believes that copyright holders should be in charge of all costs related to the system, and that ISPs should be reimbursed for all lost customers.
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Result for: time offenders
France’s lower house has today approved the extremely controversial “three-strikes” law for Internet pirates, giving authorities the power to disconnect multiple time offenders from the Internet completely.
The media industry has been behind the bill in the UK, France and other nations for some time now, but strong criticism, from groups who claim the bill will threaten our civil liberties, has kept it as just a bill for over a year now.
The French Culture Ministry has said they expect about 1000 French Internet users to be kicked offline, every day, if the bill becomes law. Besides being disconnected, pirates also face a fine as high as euro 300,000 (about $440,000 USD).
Unknowing parents whose kids use the family computer to download unauthorized content are also subject to the law, which will have the family’s Internet cut off for a month along with a euro 3,750 fine.
The National Assembly voted to pass the bill with a final tally of 285-225 in favor.
Culture Minister Frederic Mitterrand added: “Artists will remember that we at last had the courage to break with the laissez-faire approach and protect their rights from people who want to turn the net into their libertarian utopia.”
Enforcement of the law still remains utterly questionable, with lawmakers and the media industry still working out the methods.
Maybe it’s just me, but I don’t see how they can expect us to purchase the music legally, if 1000 possible customers are kicked off the Internet everyday.
Result for: time offenders
According to Carphone Warehouse and Talk Talk CEO Charles Dunstone, piracy is unstoppable and the media industry’s call to have ISPs as watchdogs is “naive” at best.
Instead, Dunstone believes a more reasonable solution is to educate users about the “benefits of respecting copyright” while also launching services that will allow consumers to get music and movies cheaper and easily.
Speaking at TalkTalk’s quarterly conference call, Dunstone added:
“If you try speed humps or disconnections for peer-to-peer, people will simply either disguise their traffic or share the content another way. It is a game of Tom and Jerry and you will never catch the mouse. The mouse always wins in this battle and we need to be careful that politicians do not get talked into putting legislation in place that, in the end, ends up looking stupid.”
The media industry continues to push for controversial laws such as the ‘three strikes’ laws that would force ISPs to disconnect multiple time offenders.
“If people want to share content they will find another way to do it,” he added. “It is more about education and allowing people to get content easily and cheaply that will make a difference. This idea that it is all peer to peer and somehow the ISPs can just stop it is very naive.”
