The Creative Coalition shares the Government’s view that policy choices should be made with a view to facilitating the creation of a thriving market for digital content. It is also aware that the scale of the problem of illegal file-sharing is huge. For this reason the Coalition welcomes the Government’s assertion that ISPs have a major role to play in working with rights holders to tackle the illegal distribution of content over their networks.
The Coalition believes that the Government’s proposals will make a real difference, and in particular we welcome the revised proposals made with the aim of speeding up implementation.
The Creative Coalition has made the following specific points in relation to the Government’s current position on illegal file-sharing:
Notice sending and data collection
The Coalition supports the Government’s requirement that ISPs send warning notices to infringers and that they collect and process anonymised data relating to repeat infringers.
Technical measures
The minimum commitment towards achieving the Government’s aim of reducing illegal file-sharing by 70-80% by July 2011 requires a combination of the notification process contained within Digital Britain and (taking into account the need for a fair, fast and effective appeals process) the introduction of technical measures by ISPs for repeat infringers at the earliest feasible stage. This could include a reduction in bandwidth, the blocking of specific website content or, as a last resort for egregious offenders who ignore repeated warnings and the implementation of other technical measures, temporary suspension of internet access.
Litigation
The Coalition believes litigation against individual consumers should be considered only after other options, including technical measures, are exhausted.
Timing
The Coalition welcomes the tightened timeline implied by the updated proposals made by the Government. There are two additional areas where the process could be speeded up: work on the Codes of Practice should begin now so that they are ready to be used as soon as the legislation receives Royal Assent; and notifications should begin as soon as legislation receives Royal Assent, as should the availability of technical measures for use by ISPs.
Other Online Copyright Infringement
We believe Ofcom should be given the power to tackle other forms of online infringement, and that pursuant to that power it should be required to facilitate the creation of a rightsholder / ISP forum. This forum could consider immediately what steps should be taken to deal with current forms of online infringement other than P2P.
The Creative Coalition Campaign's submission to the Government’s statement on the proposed legislation following the Digital Britain report can be found
here (PDF download).