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Ofcom Predict 12 Months Before First ISP Copyright Infringement Notices are Sent

Posted: 04th May, 2011 By: MarkJ
internet piracyofcom ukOfcom's CEO, Ed Richards, confirmed to a Culture Media and Sport Committee yesterday that the first Copyright Infringement Reports (CIR) will not be sent out for another 12 months. These are a necessary part of the controversial Digital Economy Act (DEA), which seeks to identify and punish those "suspected" of "illegal" internet copyright infringement (i.e. P2P File Sharing).

CIR's will be lodged by Rights Holders against any broadband ISP users whom are "suspected" of having used an internet file sharing network (P2P / BitTorrent) to exchange (UPLOAD) copyright files without permission (piracy). ISPs will then be responsible for using the CIR's to identify related customer(s) and issue any relevant warning notices (letter).

According to Trefor Davies, the Chief Technology Officer (CTO) for business ISP Timico UK, Ofcom effectively completed its Initial Obligations Code of Practice for tackling internet piracy many months ago (original details) and it is now being "subjected to a scrutiny process across Government departments". The European Commission (EC) must also sign off on it before the code itself can proceed.

However, the government will still have to reissue its Sharing of Costs order after the recent Judicial Review verdict (here) and Ofcom's promised consultation on "Enforcement of the code and the handling of industry disputes [appeals]" is still nowhere to be seen. It was originally due in July 2010.

Finally, Ofcom's review of the DEA's equally controversial website blocking measures (here) should surface this very month (May 2011). Many expect the regulator to find that a mandatory solution would be unworkable and as a result the industry is already known to be working on a voluntary "Plan B" code (details) for blocking piracy facilitating sites.

Many fear that the new code could lead to some innocent broadband customers being unfairly disconnected ("suspended") from their ISP. Still, much will depend upon the detail presented in Ofcom's final code. Hopefully the regulator will at least set a reasonable minimum level of CIR's before a warning letter is sent, which might lead to fewer mistakes.
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