Blog: Rights holders

While not ruling out any particular sanction, she said: “We are going to build on the memorandum of understanding set up last year between government, ISPs and rights holders.
We propose a requirement for ISPs to notify their customers that are engaging in unlawful file-sharing and notify them in such a way that any further action would have consequences.
“The consequences we propose are legal action; I know some people feel that is not sufficient.”
She said the detail of the types of legal action to be taken would be included in next month’s Digital Britain report.
She said that ministers were looking closely at events in France where the government is trying to introduce a “three strikes and out” policy for unlawful file-sharing.
However, many in the creative industry are concerned that the onus to take legal action against “pirates” will fall on them, and not on the ISPs.
Simon Juden, chief executive of the Publishers’ Association, said: “A letter threatening another letter is simply not good enough.”
Ispa has also called on the creative industries to simplify and improve the licensing that is needed for firms to offer legal alternatives to file-sharing unlawfully.
“Ispa is disappointed that the creative industries continue to advocate legislation on enforcement without considering how the complicated licensing processes that many stakeholders believe are at the root of the problem can be reformed,” the umbrella group said.
Mr Woodward agreed the film industry had to introduce radical new business models if it were to succeed in the digital age and needed to work with ISPs to become partners in distributing content.
“There needs to be a better relationship between content providers, ISPS and consumers.”
He said that ISPs might be willing to consider a graduated response to tackling piracy if content providers were willing to pay distribution fees to ISPs.
“ISPs would be incentivised to tackle piracy,” he said.

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