Illegal downloaders will have broadband cut off under new Mandelson plan

 

 

By Ryan Kisiel

Last updated at 5:00 PM on 25th August 2009

 

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Internet users who illegally download films and music will have their broadband connection cut off under Government proposals due to be announced today.

The decision means internet users who share copyrighted materials with others will get warning letters, before having their connection stopped if they persist.

 

The move triggered anger among campaigners who claim it flies in the face of ministers' desire for universal broadband access.

 

Deal on downloaders: Peter Mandelson, Secretary of State for Business, leaves his home near Regents Park, North London

 

The decision will reignite speculation that Lord Mandelson made a secret deal with Hollywood mogul David Geffen earlier this month on the protection of the film and music industries.

 

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The Business Secretary met with Mr Geffen, a co-founder of the Dreamworks production company, at Nat Rothschild's villa in Corfu.

Mandelson met with Hollywood mogul David Geffen during his holiday on the Greek island of Corfu

 

Following this, he ordered civil servants at the Department of Business , Innovation and Skills to toughen up the proposals on illegal file-sharers.

 

The Government's draft plan states: 'The previous proposals, whilst robust, would take an unacceptable amount of time to complete in a situation that calls for urgent action.'

The then communications minister Lord Carter said in June that illegal downloaders should be sent warning letters and then considered for prosecution if they persist.

He said if that measure failed to reduce digital piracy by 70 per cent, Ofcom could then approach telecoms company BT to apply 'technical measures' to reduce connection speeds.

But today the Government will propose much stricter rules halfway through its consultation on Digital Britain, it was reported in the Guardian.

Illegal file-sharers will still get warning letters, but if they continue to swap copyrighted material they could have their internet connection cut off temporarily.

A similar law in France, which threatened persistent offenders with disconnection for a year, was kicked out by its highest court as being 'unconstitutional'.

 

Illegal downloaders could claim the British law is a breach of the Human Rights Act.

Jim Killock, executive director of the Open Rights Group, which campaigns to raise awareness of digital rights and civil liberties issues, said: 'Suspension of internet access would restrict people's fundamental right to freedom of expression.

'It would also fly in the face of the Government's policy of universal broadband access.'

He went on: 'This policy u-turn seems to have taken place as the result of a few private conversations. It smacks of a knee-jerk reaction at a time when copyright infringement is reducing and online revenues are increasing.

'(Lord) Mandelson risks bringing copyright into disrepute.'

But the British Phonographic Industry (BPI), which represents the recorded music industry, welcomed the move as a helpful "step forward" in the fight against piracy.

BPI chief executive Geoff Taylor said: "Digital piracy is a serious problem and a real threat to the UK's creative industries.

'We welcome the Government's recognition that this problem needs to be addressed urgently, so today is a step forward that should help the legal digital market to grow for consumers.

'The solution to the piracy problem must be effective, proportionate and dissuasive.

'We look forward to working with Government and ISPs on the details of these proposals to ensure these objectives are met.'

 

INTERNET PIRACY Q&A

 

How big is the problem?

 

Seven million Britons regularly download music and video illegally, while between a third and a half of all internet traffic is thought to be illegal file sharing.

 

The music industry says it loses around £200 million a year in sales to internet pirates, while the TV and film industry loses around £150 million.

 

The entertainment industry says piracy hits artists - and removes financial incentives to invest in new musicians and movies. The Government wants to cut the amount of internet piracy by 70 per cent.

 

How does internet piracy work?

 

Most piracy involves "peer to peer" file-sharing - the trading of music, video or computer games for free with other people over the internet. Users first have to download software such as BitTorrent or Vuze to their computers that lets them fileshare. They then search the internet for free music or video which they copy to their computers.

 

Once a file has been downloaded to a computer, it is available for anyone else in the world to copy - as long as the computer remains connected to the internet. It is regarded as bad internet etiquette to download a song or video and then not make it available to others.

 

Filesharing is not always illegal. The BBC's popular iPlayer uses peer to peer filesharing. However, it is illegal if the music or films are protected by copyright - and it is done without approval of the copyright owners.

 

What about allegedly illegal websites?

 

Some sites offer music downloads for as little as 5p a track. Last year, the Russians shut down the controversial allofmp3.com site, after legal action by the world's leading record companies.

The company said that it had the right to distribute songs under Russian law. But the music industry said it was in breach of copyright.

 

What has been done to crack down on the pirates?

 

In the past, the music industry has tried to make an example of hardcore filesharers, particularly people who upload thousands of songs. In 2005, the British Phonographic Industry took legal action against more than 100 active uploaders - most of whom settled out of court.

However, over the last couple of years it has taken a softer line, working with internet providers to write to people who share illegal songs.

 

It has also targeted criminals to steal and distribute music before it has been commercially released. Earlier this month, hackers stole unreleased songs recorded by X-Factor star Leona Lewis from a computer owned by Simon Cowell, and made them available online.

 

What does the Government want?

 

It is proposing that internet service providers (ISPs) - the companies that connect people to the internet - take action against repeat offenders by suspending their broadband access, temporarily restricting the sites they can use or reducing their upload and download speeds.

It suggests the cost of tackling piracy be split between the music industry and the ISPs.

 

Will it work?

 

The ISPs say cutting off hardcore pirates is doomed to failure. For a start, determined filesharers can easily hide their identity online. They can also download music and video to laptops in internet cafes or university libraries.

The move could also unfairly punish people who share an internet connection. Parents who rely on a broadband connection for their work, could be cut off because their teenager downloads music illegally.

 

And people who have wireless home networks could also be vulnerable if they their connection is not secure and is used by neighbours.

 

The plans would also depend on ISPs monitoring what their customers do online in far more detail than they currently do. ISPs are furious that they are being asked to take action against customers on behalf of another industry.

 

Are the sanctions legal?

 

France's highest court recently ruled that cutting off someone's broadband could be a breach of human rights. In June Gordon Brown claimed a fast internet connection was seen by most of the public as "an essential service as vital as electricity, gas and water".

 

Read more: http://www.dailymail.co.uk/news/article-1208839/Illegal-downloaders-internet-cut-new-Mandy-plan.html#ixzz0PEajYAMe

Yeah right

 

All it will take is for an innocent to get cut off and all hell will break loose in the law courts.

There is no such thing as "intellectual property". These are victimless "crimes".

 

The politicians are hoping to spend a few nights on the record label executives' yachts.

Apparently in Germany if you use P2P software you get fined 4000 euros. Any proof in this? :dozey:

Wouldn't this be a breach of rights along the line somewhere? Pretty sure it would be.

Why bother?

 

Your never gonna stop people from downloading illegally..everyone does it....are they gonna cut everyone's broadband?

 

I don't fucking think so................

Wouldn't this be a breach of rights along the line somewhere? Pretty sure it would be.

 

Of course not. It's like writing a poem. If someone reads the poem a thousand times, do they owe me a thousand dollars? Or do they owe me one dollar for the privilege of seeing my poem?

 

The poem isn't in limited supply, and therefore isn't subject to the laws of economics.

 

You may consider it unethical to not compensate the artist, but that's up to the individuals who appreciate the art - what is the song worth to them?

Apparently in Germany if you use P2P software you get fined 4000 euros. Any proof in this? :dozey:

 

What so if you play world of warcraft which sends out updates using P2P or if you download linux or download music from unsigned bands etc you will get fined for the legal usage of P2P software?

^Yeah good point,what a load of shite!