Although it appears that a ‘three strikes’ penalty against illegal file
sharers has been ruled out, a blanket ‘tax’ on all internet users may be the
Government’s answer to the problem.
In the Digital Britain interim report released yesterday, Lord Carter
proposed the creation of a 'Rights Agency' to deal with the problem of people
illegally copying and sharing music and films over the internet.
The report said the agency would need a “modest and proportionate
contribution” and this will probably have to come from internet service
providers (ISPs) and the music and film industry. There are concerns however
these costs will be passed on to consumers by ISPs.
Andrew Ferguson of Thinkbroadband told Computeractive that this was unfair to
the majority of internet users and could actually exacerbate the problem of
illegal file sharing.
"While the Digital Britain Report falls short of calling it a tax, if
providers are required to pay a levy per broadband customer this simply amounts
to a tax over and above the VAT consumers already pay for their broadband. Some
people pay only £5 a month for their broadband, so a levy of even just £12 a
year would be a significant rise in the price.
“A levy on all connections is likely to see those already participating in
illegal file sharing to see the levy as justifying their actions, and people may
actually eschew the various legal sources of material."
Although the threat of a three strikes rule - which would see people who
persistently download copyright material illegally lose their internet
connection - they could still face legal action from the rights holders.
The report says that ISPs would have to collect information on repeat
offenders and pass these on to the rights holders; a court order however would
still be required.
“Our response to the consultation on peer-to-peer file sharing sets out our
intention to legislate, requiring ISPs to notify alleged infringers of rights
(subject to reasonable levels of proof from rights- holders) that their conduct
is unlawful.
"We also intend to require ISPs to collect anonymised information on serious
repeat infringers (derived from their notification activities), to be made
available to rights-holders together with personal details on receipt of a court
order. We intend to consult on this approach shortly, setting out our proposals
in detail.”
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