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01 December

Should ISPs Monitor Online Habits For Illegal Downloads?


UK Law Catches Up. 

by SoftwareGuru


The way in which many people use the internet will change next year in 2010 when UK law finally takes action in respect to online file sharing and copyright infringement.

Like it or not, the Digital Economy Bill represents a major change.

Living in the UK, we already accept that there are laws in place that fine people for dropping litter or where you park your car, so eventually internet users will learn to accept that unfairly distributing intellectual property online is also against the law.

According to CNet.co.uk,

"Internet service providers will be forced to send cease-and-desist notices to customers they suspect of copyright infringement."

"The ISPs are then obliged to pass anonymous details of these notifications to copyright holders. If an ISP refuses, it faces a £250,000 fine."

"Film studios and record labels will use these notifications as evidence to apply for a court order to find out the user's name and address, so they can haul users up in front of civil proceedings."


In a pre-emptive move, ISPs have already passed on many user details to rights holders and up to 100,000 internet users may receive letters in the New Year.

With the rise in availability of legal downloading services in 2009, not forgetting the significant fall in price for physical products like CDs or home user software, there really is no excuse anymore for illegal downloaders.

The only reason people started doing it was because they figured they wouldn't get caught. From this point in time onwards, that school of thought no longer rings true.






















Protecting Jobs in UK Knowledge Economy.

In 2010 illegal downloaders may receive a first time fine of several hundred pounds when it can be proved they have been downloading copyrighted material illegally.

Virgin may be carrying out trials of 'deep packet inspection' but that's not really much of a surprise.

ISPs already monitor usage and employ 'traffic shaping' techniques to decease bandwidth availability during peak hours.

It can identify p2p and filesharing traffic and either slow that down even more or bring it to a halt altogether.

If your computer's IP address regularly visits a file sharing site, chances are you're on a watchlist already so targeting users and inspecting their data is the logical next step.

Even bittorrent encryption won't protect downloaders in many cases either.

However, in protecting the rights of copyright holders there is the question of the user's right to privacy. All ISP contracts have small print which state that they can inspect your data and withdraw service if any illegal activities are found.

Should this new bill give ISPs the online equivalent of the right to open your post, and is that worse than an airport inspecting your luggage?

Is this a sacrifice that users are willing to pay to ensure the UK's economic future as a place where jobs in the knowledge economy can grow?

Getting The Balance Right.

Ultimately, a balance must be achieved between all of the factors we have mentioned.

For home users, the price of software and music CDs have never been cheaper while movie rentals are still relatively inexpensive.

Illegal downloading has forced more competitive pricing for legal multimedia products and services.

Therefore, the belief that consumers are somehow entitled to their revenge for being ripped off over the years should now be brought to an end.

Especially if the same society can deem it acceptable to pay between £500 - £700 for the latest iPhone.

The trend of buying expensive consumer electronics and then expecting to get the content for free provides no incentive to content makers to create.

If anything, it encourages less investment and innovation in projects which would provide jobs for the next generation.

Then again, if the current generation were more concerned about the impact of their own actions, perhaps Climate Change wouldn't be the gigantic problem that it clearly has become.

Mankind's self-destructive tendencies have never been so clearly evident than at the start of the 21st century.

Isn't it time we take responsibility for the consequences of our actions?



 











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Should ISPs Monitor Online Habits For Illegal Downloads?