Small and mobile ISPs will be a safe haven for P2P users

Telecommunications watchdog Ofcom has told the Internet Service Providers' Association it won't be enforcing the controversial anti-filesharing measures put forward in the Digital Economy Act to smaller fixed line broadband providers.

Following Ofcom's ruling only internet service providers with more than 400,000 broadband subscribers will be obliged to put the anti-piracy measure put forward in the the Digital Economy Bill into force.

According to reputable tech site, The Register, this in turn means mobile broadband operators will be exempt from any obligation to act as a mediator if their subscribers are believed to be illegally file-sharing. Meanwhile, larger broadband providers will be required to send warning letters to suspected pirates, throttle bandwidth or temporarily suspend internet access.

At the moment, the broadband providers affected by this are BT, TalkTalk, Virgin Media, Sky Broadband, Orange and O2. These providers serve more than 95 of the fixed-line, home broadband market.

Smaller internet service providers had been concerned about the implications this ruling could have on their business. In particularly, many pointed out the obligation to act as mediator, and subsequent extra administration work, could end up being too costly. Of course, those with a smaller subscriber base are also likely to have a lower piracy figures.

Ofcom now has to draw up its code of practice for the Digital Economy Act, with a deadline of December 2010. This has to include three months for European Commission approval.