In 1709 the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all. To contact the 1709 Blog, email Eleonora at eleonorarosati[at]gmail.com
1709 Blog: for all the copyright community
Sunday, 20 May 2012
ISPs' six strikes enforcement plan delayed
How disconnection works in practice
A couple of months ago this Blog reported that the ISPs' six strikes enforcement plan (on
which see here) was due to enter into force next
The plan is the
result of an agreement between some major US ISPs (AT&T, Cablevision,
Comcast, Time Warner Cable and Verizon) and music and film industries
(through RIAA and MPAA), aimed at adopting and
implementing policies directed at discouraging their customers from illegally
downloading copyright-protected materials.
The plan envisages a system through which, when a
copyright owner complains to an ISP, that ISP sends a (possible) series of
online alerts to the subscriber that he/she is infringing copyright. After six
warnings ISPs may take a variety of repressive measures, which include
slowing down offenders’ connections and temporary disconnections.
In any case, when entering the agreement, ISPs made it
clear that they would (1) protect their subscribers' privacy and not
filter/monitor their own networks for infringements and (2) never
terminate an internet connection entirely, or otherwise interfere with
subscribers' ability to receive calls and emails.
During a panel discussion at the annual meeting of the
Association of American Publishers, RIAA's CEOCary Shermanannounced that most of the participating ISPs would
begin implementing the enforcement program by next July.
However, as reported byTorrentFreakandTom's Guide, now the start of the program has been delayed until later in the year.
As commented by a spokesperson for the
Center for Copyright Information (CCI), which
is supposed to engage in the tracking down of pirates as part of the
ISPs are busy preparing their model online alerts
“The dates mentioned in the Memorandum of
Understanding (MOU) are not hard deadlines but were intended to keep us on
track to have the Copyright Alert System up and running as quickly as possible
and in the most consumer friendly manner possible ... We do not intend to launch until we are
confident that the program is consumer friendly and able to be implemented in a
manner consistent with all of the goals of the MOU. We expect our
implementation to begin later this year.”
any case, participating ISPs remain in favour of voluntary and private
enforcement solutions. For instance, Verizon has declared that it has
"always said that copyright infringement is
wrong and through this voluntary consumer friendly system, we believe we can
educate our consumers and offer them access to legal alternatives ... [T]his
program offers the best approach to the
problem of illegal file sharing and, importantly, is one that respects the
privacy and rights of our subscribers. It also provides a mechanism for helping
people to find many great sources of legal content.”
as reported by TorrentFreak, the CCI has made it clear, that none of the
ISPs has plans to terminate the accounts of subscribers. This does not mean, however, that temporary disconnection is no longer an option.