Illegal downloads to be curbed by proposed bandwidth and service limits

In order to tackle persistent offenders in illegal file sharing downloads over broadband, and other things, a draft set of proposals has been published by the Intellectual Property office (IPO).

The role that a UK Digital Rights Agency (DRA) could play was considered in a discussion piece of which the proposals formed parts of.

These measures are, however, not enough to combat those who continually take part in such activities, according to many of the copyright holders. A number of copyright holders have already ruled out an earlier proposal to disconnect those offending customers from their ISPs.

There have been two possible example solutions to the issue in a new discussion piece, although there has been few details regarding them. With relation to those who persistently offend there could be bandwidth restrictions or protocol blocking put in place by a UK ISP, which in real terms could seriously restrict the speeds of services of users or even completely block P2P services.

A quote from the proposal stated “Development of codes of practice around enforcement measures to prevent and reduce online copyright infringement. These would need to be strong enough to be likely to make a real impact on the problem, and could include, for example, such approaches as protocol blocking or bandwidth, in relation to persistent infringers.”

Although many would hope that this is the intention it has remained unclear whether the restriction on bandwidth would impact just P2P or not. Tackling the issue and dealing with consumer disagreements would be something that the DRA would be looking to offer much greater facilities for.

Its outlining statement said “A commitment to explain to the public the consequences of unlawful use of copyright material. This is an important task – no matter how much effort goes into trying stop people from engaging in piracy it will only work in the long run if they understand the damage infringement has on the artists and the ongoing availability of the rich content they value.

Facilitation of negotiation and rights clearance and discussion around standards where the different interests would find that useful. Taking into account competition concerns, there should be plenty for an agency to do in terms of making deals easier, rather than trying to get involved itself – almost certainly neither possible nor wanted by either side. A place where people could go to resolve disputes quickly and economically, and where consumers will find a champion where needed.

A forum for dialogue. We sometimes underestimate the value of providing a place where those from a different industrial perspective can meet and gain appreciation of other positions and drivers, and in many ways this will underpin all other activity. A gateway in to the legal remedies being set out in P2P legislation, and to an informed discussion on other potential ways to deal with persistent infringement, such as road-testing technical measures.”

No limitation to tackling peer to peer activities considered unlawful was a rather interesting area of the new proposals. Finding effective methods of over time reducing the levels of copyright infringement overall, which would allow for both behavioural and technological changes, would instead be the main areas of focus for the DRA.

It stated “Should there be no agreement between industry on the utilisation of such measures,” says the document, “it would be for the regulator – Ofcom – to chose whether to impose such measures, judging their appropriateness and need within the policy principles within which they work.”