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FAST IiS Scalds UK Plan to Cut-off Illegal Broadband Downloaders

Posted: 31st Oct, 2009 By: MarkJ
fastiisThe Federation Against Software Theft (FAST IiS), which is a UK not-for-profit organisation that promotes the legitimate use of software, has launched a scathing attack on the governments "political grandstanding" plans to impose a Three Strikes system of ISP account disconnect upon those who are suspected of repeatedly downloading illegal files.

The Chief Executive of FAST IiS, John Lovelock, said:

"We have consistently questioned the Government’s commitment to the findings and recommendations of not only the Gowers Review into Intellectual Property but the final Digital Britain Report that was issued less than four months ago. But it has failed to implement a single recommendation to date. Then out of the blue Lord Mandleson announces that the Government will in fact introduce legislation to introduce what we have been calling for all along – the so-called ‘3 strikes’ policy.

And yet the day after Lord Mandleson announces one policy up pops the Minister for Intellectual Property David Lammy, who stated at the Cabinet Forum: ‘A great deal of policy making is harmonised at European level and progress can’t be made without a European consensus’. The question we have to ask therefore is just what is the policy now?

The industry is beginning to think that this is nothing more than political grandstanding to gain some cheap headlines to make the Government look like it is actually doing something and not stuck in paralysis."

Lovelock also added that a recent commitment of £7.4m in extra funds to aid the Trading Standards in their enforcement of copyright offences could come to nothing if alleged reports of an impending budget cut by the government are to be believed.

John Lovelock concluded:

"So come clean Secretary of State! Are we going to see some positive action on this or is this nothing more than froth as you are either scared of taking on the ISPs, who are against this policy in the main, or are you just going to leave it languishing in the long grass hoping it will be forgotten about and hope an incoming Government will deal with it?

Such mixed messages and contradiction is leading to many in the software sector questioning the Government’s commitment to the creative industries. Put simply: Gents please get your act together – is this going to be implemented at a national level or are we now going to have to wait years for a European wide solution?

Either way the creative industries which are “so vital to the future of our economy”, need a supportive legislative framework for the future. So come clean and stop pontificating."

The outburst is perhaps somewhat premature given that the Government will publish its full response to the consultation on unlawful peer-to-peer (p2p) file-sharing in parallel with the Digital Economy Bill, in late November. In addition Mandelson has already outlined a rough time-line for the measures to be introduced (here).

It will be interesting to see whether all of these costly measures to combat piracy will actually result in any significantly increased sales. Often those who download illegal material would never have brought so much stuff in the first place, while others are more likely to adopt secure VPN solutions, encrypted FTPs and private P2P torrents to get around the risk.

The government has also repeatedly ignored concerns over the fallibility of using IP addresses as evidence. Law firms currently track suspected illegal P2P activity by monitoring IP addresses. These addresses are assigned to every computer when you go online, yet IP's can easily be spoofed, redirected, shared (internet cafe, businesses etc.) or even hijacked (open Wi-Fi networks). The download itself could also be encrypted, making it nearly impossible for the ISP to verify.

Those who do receive warnings, assuming some or many of them may actually be innocent, will have a hard job defending themselves. If your wireless network security is broken then, as some studies have shown, hijacking of a network is often somewhat of an evidence-less crime.
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