UK ISPs Balk at Unplugging P2P Pirates

Yesterday, the UK Times Online reported that British government would consider enacting a law requiring ISPs to “disconnect” habitual P2P pirates. The entertainment industry wants a “three strikes” policy, where the end user would be permanently disconnected from his or her ISP after the third warning. Reaction has so far been ho-hum, as the file-sharing community sees this as yet another attempt bound to fail.

The reaction from the UK ISPs has followed a similar line so far as well. The ISPA, Internet Service Provider Association, a trade group which represents the interests of UK ISPs, released a statement which balks at the idea of filtering or otherwise blocking alleged P2P pirates. Much like their American counterparts, UK ISPs are immune from any civil and or criminal impropriety that may transpire across their networks.

The ISPA admits, however, they currently are in talks with the entertainment industry, particularly, the MPAA, on the issue of disconnecting alleged pirates. Initially, the ISPA appears sympathetic to the entertainment industry’s cause.

“Some people are using peer-to-peer applications to copy or distribute files including copyrighted material such as music, films and software without paying royalties. People who do this may be infringing the Copyright, Designs and Patents Act 1988. ISPA UK is currently in talks with the Motion Picture Association of America and liaises with Government on this issue.”

Sympathy can only go so far. The ISPA stress that the Electronic Commerce Regulation of 2002 protects their members from such contentious issues like copyright infringement. As a “mere conduit” of information, UK ISPs cannot be held liable to enforce intellectual property rights.

“Where an information society service is provided which consists of the transmission in a communication network of information provided by a recipient of the service or the provision of access to a communication network, the service provider (if he otherwise would) shall not be liable for damages or for any other pecuniary remedy or for any criminal sanction as a result of that transmission where the service provider –

(a) did not initiate the transmission;

(b) did not select the receiver of the transmission; and

(c) did not select or modify the information contained in the transmission.”