press release
Government’s illegal downloading plans have major flaws
22 February 2008
Intellectual property experts at law firm Browne Jacobson have
questioned whether the Government’s plans to crack down on illegal
downloading announced in a Green Paper today can really be
effective.
Under the Government proposals, entitled "Creative Britain - New
Talents for the New Economy", Internet Service Providers (ISP's)
are being encouraged to work with the music industry to crack down
on people suspected of downloading material illicitly.
ISP's will be required to notify illegal downloaders, and
ultimately terminate their accounts. The Green Paper states: "We
will consult on legislation that would require internet service
providers to cooperate in taking on illegal file sharing - with a
view to implementing legislation by April 2009".
Nick McDonald, an intellectual property expert at law firm
Browne Jacobson, said:
“It is questionable whether such a scheme will actually
solve the problem.
“The sheer volume of illegal downloading could mean that
ISP's are forced to suspend or terminate the accounts of millions
of people. Presumably, the hope is that such harsh penalties would
result in an immediate and drastic change in consumer behaviour,
but it is difficult to envisage such a change without serious
opposition and disruption.
“ISP's would have to implement some fairly robust and
complex structures of administration to effectively track so many
illegal downloaders of music. The exercise would neither be cheap
nor simple. Even once tracked, it is not always certain that the
identified party is to blame, as it is possible to piggyback on
others' wireless networks.
“Another challenge for the authorities is how infringers can
be prevented from simply registering with a new ISP. A system of
data exchange would need to be implemented and this would require
unparalleled cooperation between competitors. It also sets up
potential data protection issues, as the rights of copyright owners
would need to be balanced against the rights, freedoms and
legitimate interests of those whose data is processed.
“It is also worth noting that the law does already allow
Courts to grant injunctions against ISP's where they have actual
knowledge of copyright infringements. Arguably, the answer is not
further legislation but increased resource.”
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