Сподели:

?

That may happen under plans in France, and now in the UK, to make internet service providers responsible for stopping users who illegally download copyright material. But sanctions against users should only be allowed after legal due process.

The music industry is in pain: illegal downloads are devastating its profits. The film industry fears it will be next. Both have struggled to enforce copyrights on the internet, not least because of file sharing protocols such as BitTorrent, through which users can download a song or film directly from the computer of another user, who may have a legal copy.

That makes ISPs attractive targets. They can – with only moderate difficulty – identify file-sharers and simply turn off their internet connection. It may be the only practical way to stop internet piracy.

But it is still not right. Quite aside from problems of implementation – what to do if a user’s computer is hijacked and used for piracy, for example, or if they download copies of music of which they already own a legal copy – there are problems of principle.

First, it presumes guilt. A copyright owner normally has to go to court and prove that its property has been abused. Instead, it will be able to go to an ISP and seek summary justice against the accused. To protect themselves, ISPs may simply cut off any individual who shares files with no proof of guilt.

Second, criminal or civil enforcement should be directed at the offender. Making the ISP responsible is like holding a paper company to account for libels written on its product, or prosecuting a storage facility if a client uses it to warehouse stolen goods.

Third, there are implications for freedom of speech: UK libel lawyers have already targeted ISPs as a soft way to attack content that their clients dislike. File sharing can be used to distribute legal as well as copied material, but if held legally liable, ISPs are likely to be conservative and take down anything to which there are objections.

Finally, governments should consider whether file-sharers are their law enforcement priority for ISPs. They can do more, no doubt, but their efforts might be better directed against terrorists, organised criminals and child abusers.

The law does need to make it easier for the music industry to enforce its legal rights. But the way to do so is to make illegal file sharers easier to find and prosecute through the courts. ISPs should have a duty to help copyright holders identify pirates but not to prevent piracy themselves. The music industry, meanwhile, must help itself and offer cheap, accessible downloads to expand the legal online market.

Source: Financial Times electronic edition