The BPI and other content producers' lobby groups and the
Government have urged internet service providers (ISPs) to operate
a 'three strikes and you're out' policy to cut off internet access
from people found to be engaging in illegal file-sharing.
The Virgin letters contain no threat of disconnection, but do
use a BPI-produced report of alleged illegal file sharing as the
basis of the warning to customers to stop the activity.
"We understand you may be concerned about this, and you might be
unsure how it happened," says the letter. "One possible answer is
that other people in your household have used your computer and/or
internet connection, and they might have shared these files with
others by using unauthorised ‘peer-to-peer/P2P’ filesharing
networks like ‘BitTorrent’ or ‘Limewire’."
"However, you need to make sure that these files aren’t
downloaded or shared from your Virgin Media internet connection in
future," it said.
Content producing and marketing companies have long complained
that ISPs earn fees for internet use that is then used in some
cases to download the content industry's material without paying
for it. ISPs have traditionally argued that they are not
responsible for the use made of their service.
The French Government, though, last year backed a three-strikes
policy for its ISPs and the UK Government has followed suit.
Then-intellectual property minister Lord Triesman told industry
earlier this year that the Government would begin the process of
producing legislation ordering such a system this autumn if the ISP
and content industries could not agree how to work together.
"We want to make sure that our customers are acting fairly and
lawfully. So that’s why we’re working with the BPI," said a Virgin
Media statement to customers. "We are working with the BPI to
contact Virgin Media customers to make them aware of the issues and
offer further information to help make sure their enjoyment of
music doesn’t damage the copyright holder’s rights."
The BPI's chief executive Geoff Taylor said that the identifying
of individual households where alleged illegal sharing takes place
was vital for his industry.
"It's naive at best to think licensed music services can prosper
without action being taken against illegal downloading," he said in
a statement, calling the belief that music should be free on the
internet "an implausible and dated belief that the internet will be
an endless free lunch".
"More than six and a half million people in the UK illegally
access and distribute music, and it is plain wrong to say that this
is good for music," he said.
Virgin told customers that the move would not change its policy
of only identifying allegedly offending customers when ordered to
by a court.
"We won’t provide any information about our customers to any
third party, including the BPI, unless we are required to do so
with a court order. All we’re doing right now is working with the
BPI to help our customers understand more about the issues of
unlawful file sharing," it said.
While the current Virgin letters do not threaten account
suspension, Taylor said that this is still what the BPI wants from
ISPs.
"We want all ISPs to implement a simple, non-technological
solution which involves no spying on their customers or invasions
of privacy. We call it three steps," he said. "We collect and pass
on to the ISP publically available information about their
customers' illegal filesharing, and ask them to send advisory
letters as outlined above. The possibility of account suspension,
and the ultimate sanction of contract cancellation, should follow
for those customers who choose not to take the advice."
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