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News Release from: RMS PR | Subject: Illegal downloading
Edited by the Marketingservicestalk Editorial
Team on 08 April 2008
Legal experts warn of chaos for ISPs
New media law experts say a Government crackdown on illegal downloading will cause chaos among internet service providers who are currently 'ducking their responsibilities'.
ISPs have less than 12 months to come up with a solution or face tough legislation but lawyers say there is confusion in the marketplace ISPs have suggested a 'three strikes and you're out' regime under which three examples of illegal downloading would be tolerated before someone's internet connection was disconnected
This article was originally published on Marketingservicestalk on 20 Mar 2007 at 8.00am (UK)
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Richard Branson's Virgin Media, however, has beaten the rest of the industry to it by becoming the first ISP to crack down on its users as part of a trial involving the music trade body the BPI.
Stephen Kuncewicz, of Manchester law firm Ralli, said ISPs need to tread carefully and re-examine their policies in case they attract draconian legislation: "By providing the ability to host websites ISPs are giving illegal downloaders the means to transmit and download files which infringe copyright.
"So far, the industry has successfully argued that policing the web themselves would be impossible given the sheer number of people using their client's websites.
"There has been a half-hearted attempt by ISPs to remove sites or suspend accounts after they are notified they are being used to transmit, download or host files which infringe copyright.
"However, this isn't enough and now they face a deadline to come up with a deal with the Music and Film Industry on how it will police illegal downloading properly and universally before April 2009 - or they face legislation.
"The authorities feel that too many ISPs have been ducking their responsibilities.
"Signing up to a voluntary code of practice is almost always more sensible than waiting for draconian legislation.
"Richard Branson got his start in the music industry and Virgin is now certain to be highly regarded by the Music and Film industries, which in turn could see Virgin being able to expand its legal download business.
"This all depends, of course, on how their clients react: Virgin is marketed towards the younger generation, many of whom are among the worst offenders in illegal downloading.
"Will they still want to use an ISP that could cut them off if they're not willing to buy music legally? "The next 12 months will be interesting times indeed for ISPs getting to grips with their legal responsibilities".
Next month, the Department for Business, Enterprise and Regulatory Reform is due to publish a consultation paper outlining new legal measures.
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