Rights Holders Force UK Mobile Operators to Block Piracy Sites

The British Phonographic Industry (BPI) has announced that its long-running campaign, which uses the High Court to force major UK broadband ISPs into blocking websites that are suspected of facilitating copyright infringement (internet piracy), is being extended to mobile operators – starting with EE (BT).

The existing blocking orders (injunctions), which in the UK flow from Section 97A of the Copyright, Designs and Patents Act (CDPA), aren’t cheap to bring but have in recent years become very common and are rarely opposed by ISPs. Hundreds of sites have thus been blocked through this method (thousands if you include related proxies and mirrors), which usually include file sharing (P2P / Torrent), streaming sites, Sci-Hub and those that sell counterfeit goods etc.

However, until now mobile network operators like EE, Vodafone, O2 (VMO2) and Three UK haven’t had to face the same injunctions, but all that is about to change. This is partly because modern mobile broadband networks are now so much more capable than they were in 2011/12, when the first blocking orders were handed down.

The BPI has today confirmed that the High Court imposed website blocking of pirate music sites and apps is “being extended to users of mobile networks, starting with EE“. The operator is already blocking around 75 pirate music sites, at the BPI’s request, via their fixed line network, and this will now apply to their mobile network too.

The BPI estimates that online piracy costs the record industry £200m a year. But this is often based on the incorrect assumption that those who consume pirated content would have accessed it all legally if they couldn’t do so unlawfully. In reality, pirates might not have been able to afford such a mass of content via legal means, or may have only purchased a lot less than they pirated (or possibly none if they’re children).

Kiaron Whitehead, BPI General Counsel, said:

“Mobile data connections are faster and more reliable than ever and a quarter of people now connect to the internet over 3G, 4G and 5G rather than broadband and wi-fi. That growth brings with it the risk of increased music piracy.

The operators of these pirate sites make millions of pounds a year, without a penny going to the creators of the music they exploit. We are therefore pleased that EE – which was the first mobile network to launch 5G to the UK population – has now become the first mobile network to block pirate sites.”

A Spokesperson for EE said:

“Historically the majority of piracy took place on fixed line networks, but as network speeds increase and content file sizes for music decreases, mobile networks are seeing a rise in piracy. EE believe in supporting content creators by combatting piracy across both our mobile and fixed networks.”

The BPI said that they want fans to “enjoy genuine music sites” and be protected from illegal sites as much as they already are on their broadband and WiFi. Internet providers typically impose such blocks by using network-level style methods, although these restrictions can be easily circumvented by use of Virtual Private Networks (VPN), third-party encrypted DNS servers and Proxy Servers etc.

Nevertheless, the Rights Holders know that such methods won’t prevent all those who go actively seeking such content, but they also know that blocks can be a useful tool for discouraging casual infringement by those who often give up before trying any of the more technical means of circumvention.