New rules on illegal filesharing: three strikes and you're blacklisted

Fri 28 May 2010 3 Comments

Copyright infringers may be blacklisted

Persistant filesharers now run the risk of being added to a 'copyright infringement' blacklist, under new rules being put into place by Ofcom following the Digital Economy Act.

Now that the Digital Economy Bill (as was) has passed into law, and the new coalition government has announced that it has no plans to repeal it, the responsibility rests with Ofcom to draft a code of practice enforcing it. The code of practice will be subject to consultation before being finalised, but at present Ofcom is working on a proposal which would force ISPs to keep records of people accused of illegal filesharing. After three such accusations, details of that user will be placed on a blacklist. Once blacklisted, user identities can then be applied for via court order by any copyright holder making a piracy allegation; allowing legal proceedings to be launched against the accused.

Each accusation of filesharing will result in a warning letter being sent out, and Ofcom is hoping that these letters will be sufficient to 'significantly reduce' copyright infringement; although if after a year no significant reduction is seen the regulator will consider more stringent measures such as temporary disconnection.

ISPs will have to keep details of filesharing accusations for a period of one year from the time that they are made, so that three accusations in a twelve month period will trigger the blacklisting. There is also a procedure for anyone believing they have been falsely accused to contest the accusation anonymously via a tribunal; which could result in rights holders and ISPs being forced to pay damages.

At present the requirement to keep tabs on filesharing accusations won't apply to ISPs with fewer than 400,000 customers, or mobile broadband providers.

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Comments

  • happy

    by Toni at 00:31 on 29 May 2010 | registered | 1 postReport abuse

    Great article - it is good to see something being done to slow down illegal file sharing on the internet. I know illegal file sharing will never be stamped out but at least something is being done to help protect artists and their invesment in the music that they create for us, the music lovers. .
    This has to be good news for the creative class who have been treated as worthless low class creators by freeloading consumers who distribute their work on the internet without permission, to millions of strangers on the internet who then share with a million others without a penny going to creators.

  • happy

    by parijat at 07:45 on 30 May 2010Report abuse

    finally :) i HATED it when ppl shared artists stuff on the internet without them wanting it. Andy mc kee, the guitarist who became famous through youtube, had one of his albums uploaded on piratebay. He actually left a comment there on how he made a living off the legal CD sales and LEGAL downloads and it was unfair for someone to upload that material... do you know what replies he got? "its okay andy, this will only help you get more popular"...!!! the balls on these guys!! people dont realize that this bill will also help the indipendent musicians... if major labels have to go down they will go down neway, ppl will just stop buying their music because therell b better n cheaper music by non label artists, legally, everywhere, then labels will hav to get their act straight or drown. please support this people!

  • neutral

    by Carl Barron at 12:37 on 2 Jun 2010Report abuse

    UK Gov seeks to criminalize all Net users to gain revenue

    More untenable Laws from the’ UK Law Makers’ with the sole purpose it seems to criminalize everyone for the sake of collecting additional revenue streams.This maybe seen as a means of supplementing lost revenues from an ever-increasing Bankrupt proven incompetent Government.

    Any private home or business could have someone download Copyright material illegally without the owner’s knowledge or consent. This ‘Daft Draft’ proposal yet again proves no one in Government seems to understand the basic rudimentary elements of the Internet.

    If anyone should complain as to 'Copyright Infringement' it should perhaps be me. As after releasing the Formula for 'Worlds First Communications Platforms High Capacity Super Controller' under strictly controlled contracts to BT in 1995 I am informed it is allegedly being used under the name of A.N.P.D.S. in breach of agreements in the MoD. Link to proof document here: http://tinyurl.com/ycsgu49

    Signed Carl Barron Chairman of agpcuk
    http://carl-agpcuk.livejournal.com/
    http://www.dorsetvisualguide.co.uk/

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