Slashdot Mirror


Proposed UK File-Sharing Laws May Be Illegal, ISPs Upset

mindbrane writes "Once in a while, a sidebar will throw a lot of light on a difficult problem. The BBC has a short piece on British ISPs' anger over proposed new laws governing file sharing in the UK. The new laws would include cutting repeat offenders off from the Internet. Early response suggests such tactics would fail: 'UK ISP Talk Talk said the recommendations were likely to "breach fundamental rights" and would not work. ... Virgin said that "persuasion not coercion" was key in the fight to crack down on the estimated six million file-sharers in the UK. ... Talk Talk's director of regulation Andrew Heaney told the BBC News the ISP was as keen as anyone to clamp down on illegal file-sharers. ... "This is best done by making sure there are legal alternatives and educating people, writing letters to alleged file-sharers and, if necessary, taking them to court."' The article also mentions a statement issued by the Department for Business, Innovation and Skills which 'proposes that internet service providers are obliged to take action against repeat infringers and suggests that the cost of tracking down persistent pirates be shared 50:50 between ISPs and rights holders.' Unsurprisingly, said rights holders are in favor of the idea."

35 of 198 comments (clear)

  1. Sith Mandelson by duguk · · Score: 5, Informative

    What's weird is the Digital Britain report said they should NOT cut people off, and European Parliament said it might be against human rights.

    It's Sith Mandelson that's trying to introduce this. Strangely it was reported in some newspapers that he was caught having a meeting last week with some Record companies. Wonder if they bought him a iPod or something?

    1. Re:Sith Mandelson by damburger · · Score: 3, Insightful

      Why is an infrastructure tax anything to do with filesharers? Record companies better not get one penny of that tax if it is levied; it should all be going towards bringing us at least up to the standard of our European neighbours in terms of broadband connectivity. At the moment BT is using circuit-switching trained hamsters instead of routers.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  2. 50:50 cost? by sanosuke001 · · Score: 5, Insightful

    Why should ISPs foot the bill to protect rights holders IP? Honestly, the idea of making ISPs liable is ridiculous. They should provide a service and be blind to anything on their networks.

    --
    -SaNo
    1. Re:50:50 cost? by DamonHD · · Score: 3, Interesting

      This sort of lopsided silliness (and the RIP Act) was why I walked away from being a ISP (one of the very first in the UK, with sensible notions of who owned the data passing over our wires).

      So glad that I'm out of it, and still not really believing anyone makes money being an ISP.

      Rgds

      Damon

      --
      http://m.earth.org.uk/
    2. Re:50:50 cost? by gnick · · Score: 2, Insightful

      They should provide a service and be blind to anything on their networks.

      OK - take that argument into some other industries:

      Do you really think that the postal service should be immune if they carry a package containing methamphetamine? Even if they deliver it to a 13-year-old child?
      Do you really think that a bus-line should be immune if they give a ride to a terrorist with a bomb in his back-pack on his way to blow up a kindergarten?
      Do you really think that the phone company should be immune if they allow a 6 year old child to call a fetish phone-sex line?
      Do you really think that a gun-company should be immune if they manufacture a weapon and a child accidentally shoots his friend while showing it off?

      Please think about what you're suggesting before just blurting it out. Prosecute them all, let the gods sort them out.

      P.S. - The first mod that hits me with a Troll will get a mighty pounding from my Whoosh hammer.

      --
      He's getting rather old, but he's a good mouse.
    3. Re:50:50 cost? by ObsessiveMathsFreak · · Score: 5, Insightful

      Why should ISPs foot the bill to protect rights holders IP?

      Because ISPs have a sparkly magic wand that will simply make this dreadful internet business and its calamitous effects on the entertainment industry disappear in a puff in punitive smoke.

      I mean, really. There was a time in this country when a 5 minute pop song meant something. It was a sacred institution, protected by copyright and ensuring the livelihoods of distributors across the land. Now any old miscreant feels he can whisk his songs backwards and forwards over those ghastly green tubes just like one sends emails or spreadsheets or power-point slides. Well you can't! Music is not supposed to be treated like that. There are proper channels for its distribution and the ISPs know they they aren't it!

      It's clear that they're being malicious. I remember meeting their representative. Frightful man. He accosted me with technical clap-trap; data, broadband, packet inspection, encryption, legitimate uses, feasibility studies. I told him what I'm telling you now. If the Chinese government can block off their entire internet from the BBC, then surely you can stop young scruffs from downloading things they're not supposed to. And if you can't stop them then you should cut them off! He threw his hands up in the air and left, but I sensed defeat.

      It's only a matter of time. We have petitioned the Her Majesty's Government, and they have responded favorably. Soon we will make these ISPs bring their customers to heel, and we will do it with the full force of the Law. Honestly, the attitudes and doomsdaying of some people on this never cease to amaze me. Just last week I was in conversation with a chap who felt too much restriction on the Internet was dangerous or some such rot.

      As I said to him at the time: "My dear Norfolk, this isn't Iran. This is England."

      --
      May the Maths Be with you!
    4. Re:50:50 cost? by girlintraining · · Score: 2, Interesting

      Why should ISPs foot the bill to protect rights holders IP?

      Because they want to keeping getting the profits from raping people with their licensing agreements, but don't want to lose those profits in legal proceedings they are obligated to undertake in order to continue to have a valid claim on the copyrighted work. If they don't do something about this, a lot of copyrighted works could fall into the public domain because the derived income is less than the cost of legal proceedings to protect it. So all these manipulations of the copyright law will be for nothing. They've already increased penalties to the point of insanity, but the problem is the average file sharer can't compensate them for a fraction of even just the legal costs -- so it's a net loss for them.

      So they've done the only thing left to them: Coerce other businesses. ISPs typically operate on narrow margins and don't have a lot of spare funds to combat these coersive attempts, and the Recording Industry is hoping for a few quick victories and the rest will fall into line -- and of course, it won't be long before they add in the disclaimer "We won't ask for the money as long as you install XYZZY Anti-Everything Appliance."

      The Recording Industry has a tried and true formula for winning -- they pick on the weak, build legal precidents, and then go after larger targets where the real profits lay -- relying on previous legal precidents to force a settlement. They know they can't win in a full-on fight, but they make sure before they file it won't be in the other parties financial best interests to test them. Slimy, unethical, and it corrupts the entire justice system -- but it's very effective.

      --
      #fuckbeta #iamslashdot #dicemustdie
    5. Re:50:50 cost? by twidarkling · · Score: 5, Insightful

      Yeah, I do think they should all be immune. The PS shouldn't be "inspecting" my packages. They're private. They aren't paid to snoop. The bus service isn't paid to look in back packs and conduct background checks. The phone company isn't paid to check the ages of people on the handset. The gun company isn't paid to parent people's kids. You know who is? The police. In every single case it's the legal authorities who should be doing something (well, apart from parenting, that should be the parents). A private citizen could call them and say "hey, there's a package labelled "meth" that was just delivered to a kid," or "there's a guy wearing a sign saying 'I'm on my way to blow up kids and all I'm getting is entry to heaven'" or "Hey, there's this kid on a public phone talking dirty," or "There's a kid on the playground with a glock." So, yeah, private industries should be blind and immune to abuse of their services.

      --
      Canada: The US's more awesome sibling.
    6. Re:50:50 cost? by dbet · · Score: 2, Insightful

      OK - take that argument into some other industries:

      Do you really think that the postal service should be immune if they carry a package containing methamphetamine? Even if they deliver it to a 13-year-old child?

      Yes. Are you suggesting that the post office be held liable for something that could not have known about unless they opened and inspected EVERY package? Are you suggesting that the post office in fact DOES inspect every package?

      Do you really think that a bus-line should be immune if they give a ride to a terrorist with a bomb in his back-pack on his way to blow up a kindergarten?

      Yes, they should be immune. Or again, should they inspect every backpack of every bus rider? Should every bus driver be an expert on detecting bombs?

      The rest of your examples are equally invasive. You seem to want people to be responsible for things they can't possibly be responsible for without violating your rights and spending a lot to do it (which will increase your costs by a lot), lowering service, and treating every customer like a criminal. And in this case, for something that is difficult to put a value on, or know if it's even harmful to anyone.

    7. Re:50:50 cost? by adewolf · · Score: 2, Funny

      Don't forget the "WOOSH" hammer... :-)

      --
      "The Brady Bunch is back...working homicide"
    8. Re:50:50 cost? by techprophet · · Score: 2, Insightful

      The rest of your examples are equally invasive. You seem to want people to be responsible for things they can't possibly be responsible for without violating your rights and spending a lot to do it (which will increase your costs by a lot), lowering service, and treating every customer like a criminal. And in this case, for something that is difficult to put a value on, or know if it's even harmful to anyone.

      Truth. Most people are not criminals. By treating everyone like they are, you alienate them and drive prices up at the same time.

  3. The gap between politicians and reality by damburger · · Score: 5, Interesting

    Lord Mandelson of Sith went to dinner with a corporate interest, and came back with a policy that suited that interest without regard to either citizens rights or even practicality.

    How do you stop illegal torrents without crippling the UK Internet? I mean, more than BT has managed to do?

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    1. Re:The gap between politicians and reality by damburger · · Score: 2, Funny

      Well, there is precedent... http://www.youtube.com/watch?v=SG23bVpw65o

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  4. Meddling Mandy by segedunum · · Score: 4, Interesting

    Once again we've got a totally unelected, dictatorial government 'minister' who starts rattling his saber over file sharing, *conincidentally* after meeting with David Geffen and being wined and dined, and then lies barface to us - again - that this unprecendented personal poking of his nose in policy that has nothing to do with him wasn't connected to that in any way.

  5. Why are the UK government getting into this? by JustNiz · · Score: 5, Insightful

    This is entirely a problem for the music and movie industry. Why are the government acting as their bitches against the will an freedom of the people who elected them?

    1. Re:Why are the UK government getting into this? by TheRaven64 · · Score: 2, Informative

      He was elected several times: in 1992, 1997 and 2001. He resigned from parliament to take a job in the UK's European Commissioner, and was made a lord in 2008 to bring him back into the UK government. Given the number of scandals he was involved with from 1992-2001 it's surprising that he was reelected, and especially that he was reelected twice. Given the lack of judgement shown by the Labour government, it's not surprising he was brought back. There is, apparently, no truth to rumours that he is a vampire.

      --
      I am TheRaven on Soylent News
    2. Re:Why are the UK government getting into this? by rich_r · · Score: 2, Informative

      Everyone seems to forget that Mandy's batting for the other side. The butts will be firm, yes, but the boobies will not be what you were after...

    3. Re:Why are the UK government getting into this? by Dan541 · · Score: 2, Funny

      Because the UK is not a democracy.

      There are more files sharers than there are content producers, there for in a true democracy file sharing would be legalised.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    4. Re:Why are the UK government getting into this? by westlake · · Score: 2, Informative

      This is entirely a problem for the music and movie industry. Why are the government acting as their bitches against the will an freedom of the people who elected them?

      The geek is convinced that he speaks for everyone.

      The James Bond and Harry Potter films have earned ten billion dollars, unadjusted for inflation. The Lord of the Rings trilogy, three billion.

      You could quite plausibly double or quadruple these numbers when you total up the return on book sales, home video and other merchandising.

      The numbers are not without meaning to the finance minister.

      Their value of these films as British cultural exports is incalculable.

      You won't find a government anywhere that isn't trying to find a counterweight to the American media culture.

      The media industry is skilled labor, labor intensive, high-tech and green. That is a winning combination for any politician.

  6. Sith Lord Mandelson by hattig · · Score: 5, Informative

    This evil man, who somehow reappears in UK politics despite having been thrown out twice for being scum, has now become a Lord (!!!) and basically cares only for himself and his rich friends. He recently had chats with media companies, and suddenly he is espousing this hard line response. Coincidence ... hmm ...

    I don't think that many people will be sad to see Labour lose in the next election. We might not be too happy with who will come in though.

    Anyway, if 1 in 10 people is doing the same illegal thing, then what needs assessing? Surely the law itself!

  7. You know what is next.. by Pvt_Ryan · · Score: 2, Insightful

    Car and Gun manufacturers being held responsible when their products are used in a crime..

  8. Guilty without trial by jury. by commodore64_love · · Score: 2

    That's basically what this boils down to. You are punished without a trial, or a chance to convince a jury of your peers that you don't deserve to be punished. Yes it's efficient but it's also tyrannical... like living under the old monarchy where punishment was swift but arbitrary.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  9. Re:Conflict of laws VS "Primacy of Parlement" by TheRaven64 · · Score: 2, Insightful

    Not really. The government is required to either abide by international treaties or withdraw from them. European courts have had UK laws overturned in the past, and no doubt will again. If the government really wants to push the law through, it can withdraw from the Treaty of European Union, but I suspect a lot of companies would object to suddenly being charged import duties moving goods to and from the EU and not getting any more EU subsidy money.

    --
    I am TheRaven on Soylent News
  10. Britain on the edge by hyades1 · · Score: 3, Informative

    Too bad the Labour Party has been taken over by a bunch of neo-conservative autocrats. The people of the UK now really have no choice except that between far right and even further right. Personal rights and due process are becoming a thing of the past, surveillance cameras proliferate like rats on Viagra, and the state is pushing its way into every area of one's private life...all in the name of security.

    I'm entirely unsurprised that this latest assault on individual freedom and dignity is gaining currency with the UK government. Who cares whether the person whose connection is cut was actually responsible for the alleged piracy? Who cares whether they were even breaking the law? And how much more efficient it will be when the notoriously greedy and dishonest entertainment industry can inflict its will on average people without even having to prove its case in court!

    All the fascists we fought during WWII would be laughing their asses off, because the current pack of neocon thugs are bringing about everything they wanted with the stroke of a pen. This latest offense against due process and the rule of law is just the cherry on an excrement sundae.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  11. What annoys me is business... by ibsteve2u · · Score: 3, Interesting

    What annoys me is that business chronically shrieks that the consumer should be ever more regulated and that the penalties for breaking those regulations should be ever harsher.

    But when it comes to their own behavior, what I hear from Business is that they should be ever less regulated and the penalties for their noncompliance should range from weak to non-existent!

    Now that kid over at the university who swiped 10 songs is costing me little or nothing...pennies, at most. But, at least here in America, the Businesses who have so successfully bought deregulation have cost my country, me, and my children trillions of dollars.

    The system is whacked!

    --
    Orwell: "In a Time of Universal Deceit, telling the Truth is a Revolutionary Act"
    1. Re:What annoys me is business... by krou · · Score: 2, Interesting

      It reminds me of when Adam Smith rallied against the mercantile system: "It cannot be very difficult to determine who have been the contrivers of this whole mercantile system; not the consumers, we may believe, whose interest has been entirely neglected; but the producers, whose interest has been so carefully attended to; and among this latter class our merchants and manufacturers have been by far the principal architects. In the mercantile regulations, which have been taken notice of in this chapter, the interest of our manufacturers has been most peculiarly attended to; and the interest, not so much of the consumers, as that of some other sets of producers, has been sacrificed to it." (Chapter VIII, Book IV, The Wealth of Nations)

      Meet the new boss, same as the old boss.

      --
      'If Christ had tweeted the sermon on the mount, it might have lasted until nightfall.' - John Perry Barlow
  12. Forego Copyrighted Material by Bob9113 · · Score: 2, Insightful

    If a copyrighted work doesn't come with a fair license, don't consume it.

    Simple fact is, as long as we keep feeding these trolls, they will keep biting our hands. It's not hard to give it up, particularly if you allow yourself the occasional dalliance. Prior to the Metallica/Napster debacle, I had built up a collection of more than 1,000 CDs. Since then, I have bought maybe two dozen CDs and one downloaded album. I think all the CDs were used.

    Meanwhile I have more than 30 gigs of podcasts on my iPod, and another 30 gigs on my hard drive. All downloaded perfectly legally, and most of it is an excellent replacement for the lackluster material coming from the gated cloisters.

    As an added advantage, I'm spending a helluva lot more time listening to educational material about hobbies I am interested in, and a lot less time sucking on candy-media.

    Give 'em what they want. They don't want us to use their media the way we want to use it? Fuck 'em.

    1. Re:Forego Copyrighted Material by jimicus · · Score: 3, Insightful

      Even that doesn't work very well.

      In order for it to work well, you'd need to cut the money off suddenly and more-or-less entirely. In other words, almost everyone on the planet starts a boycott simultaneously while loudly explaining exactly what they are doing and why. This would force them to re-think their business pretty well.

      Unfortunately, what's happening is a few people here and there are starting a boycott and the industry doesn't know what's happening - all they know is they're making fewer sales. They've been blaming this on piracy for years, what makes you think they'll stop now?

  13. Proposed-UK-File-Sharing-Laws-May-Be-Illegal by Runaway1956 · · Score: 3, Insightful

    Of course it's illegal. It has always been illegal for a special interest group to attempt to run the country. That's true in every society that makes any claim to be "democratic". The question is not whether these attempts to control society are legal or not. The question is, when are people going to get pissed off enough to tell the government that these attempts will no longer be tolerated?

    All of the lobbyists should be tarred and feathered, and run out of town on a rail. When that's finished, go back and grab the paid off politicians for the same treatment.

    One round of that, and we'll see all lobbyists reconsidering their strategies.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    1. Re:Proposed-UK-File-Sharing-Laws-May-Be-Illegal by Hurricane78 · · Score: 2, Insightful

      Now think about why you only wrote "should" instead of "will" and actually doing it.
      Long and hard. For at least a hour a day for a week.

      Then you might come to the root of the problem. :)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  14. ISPs pay for something irrelevant? by improfane · · Score: 4, Insightful

    It is not the ISP's jurisdiction to protect the rights of content holders. This is ridiculous.

    It's like a telephone company being legally responsible for checking if I am reading copyrighted material. They're just trying to reduce they're own costs.

    Media companies need to get with the times and compete.

    --
    Slashdot needs Geekcode | Can anyone recommend any good SCIFI? My tastes: Foundation, Startide Rising, CITY, Ringworld,
  15. Re:Why have a special provision? by Shagg · · Score: 2, Insightful

    Because following due process requires money.

    Not to mention evidence. It's more difficult to conduct a reign of terror if you actually have to start proving things.

    --
    Unix is user friendly, it's just selective about who its friends are.
  16. Re:Conflict of laws VS "Primacy of Parlement" by Shakrai · · Score: 2, Informative

    We don't have a written Constitution like the US, which can be amended as the government wants if it can get a supermajority in Congress and supermajority of the States

    Fixed that for you.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  17. Re:Conflict of laws VS "Primacy of Parlement" by Shakrai · · Score: 2, Insightful

    It would be political suicide to try to curtail the HRA

    Given the number of other rights willingly surrendered by the good people of the British Isles I'm not sure that I believe it would be political suicide to go after the HRA. They've willingly surrendered the right to remain silent, the right against self incrimination and the right to keep and bear arms. Why is the HRA sacrosanct if those rights aren't?

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  18. Re:If it makes you feel better by TheMuon · · Score: 3, Interesting

    After the bit about the post office I strongly suspected sarcasm. After the second line about the bus-lines I was certain this was sarcasm. By the time I got to "Woosh hammer" I thought this was such well written sarcasm making such a good point that your average sixth grader would fully comprehend this comment.

    After reading the comments I realize I've either severely overestimated the reading comprehension of your average sixth grader or severely underestimated the reading comprehension of your average slashdot reader.

    PS, that "or" is inclusive.