The Department for Business, Enterprise and Regulatory Reform (BERR) has failed to find a universally agreeable solution to the issue of illegal online broadband file sharing (P2P) in the UK. None of the options highlighted in the consultation won widespread support, highlighted by a strong difference of views from all parties:


It's understood that no ISPs were in favour of any regulatory solution (including co-regulation). Almost all suggested the way to deal with P2P was through the provision of legal offers, education and the use of the existing legal system to enforce copyright holders’ rights.

Several key issues were identified by respondents including copyright protection, protections afforded under eCommerce legislation and the impact on the wider economy. For almost all the options, questions were raised as to their legality under existing frameworks and views varied:


Curiously the quotes offered by ISPs appear to portray an image of financial protection, when they should perhaps have been remarking more upon the technical and legal difficulties of enforcement. Trying to protect one’s own financial interests is all well and good but in public it doesn't portray the best or most accurate image.

Naturally rights holders were all united behind a government supported co-regulatory approach. This would not have required direct legislation, allowing ISPs and the creative industry to work together. However agreement over the form of such a system, especially how enforcement would be managed, appeared distant:


Fears were also raised by consumers over privacy and data protection. Significant concern focused on the reliability of the evidence of infringements (e.g. fake IP addresses etc.). Interestingly this issue was seen as a market failure and not a regulatory one:


Overall there was a clear opposition to the co-regulatory approach and little resolve for legal, privacy and technology concerns - not to mention cost fears. The government is now faced with a difficult quandary. Does it proceed to carry out its threat of legislation and go against the large number of opposing views or try to find a magical third way. Perhaps Lord Carters forthcoming report on the matter will highlight some alternatives.

We also noted several rights holders appeared to fear that last years Memorandum of Understanding between six of the UKs largest ISPs and the creative industry (news), where all parties agreed in principal to warning those identified as being involved in illegal downloading, would not be effective enough. This is despite several surveys indicating that most would stop their activity if warned.