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WEEKLY NEWS - APRIL 14, 2008

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

MEPs reject net ban for illegal downloaders

Emma Barraclough, London

Members of the European Parliament last week criticized policies designed to criminalize people who download music illegally even when they do not intend to make money from their actions

On Thursday, a majority of MEPs backed an amendment to a report on the cultural industries prepared by French politician Guy Bono. The amendment called on the Commission to strike a balance between respecting intellectual property on the one hand and being able to access cultural events and content on the other.

Although the report is not legally binding, it does signal a reluctance on the part of many European politicians to support measures such as those being implemented in France designed to force ISPs to block internet access to those suspected of illegal file-sharing.

The IFPI, an industry association representing record companies, attacked the amendment as "badly drafted" and "rushed through".

"If the aim of the Report is to protect creative content, including in the online environment, we should be looking at all options available in the fight against copyright theft," said Frances Moore, IFPI executive vice-president, in a statement. "Instead, this amendment suggested discarding certain options before there is even a proper debate."

The IFPI is an enthusiastic supporter of the French government's policy , revealed in November last yea r, to give ISPs in the country the power to disconnect persistent copyright infringers on their networks.

Earlier this year, the UK government published an action plan entitled Creative Britain: New Talents for a New Economy , in which it threatened to introduce laws forcing ISPs to take action against illegal file-sharing if they cannot reach agreement with rights holders over voluntary measures.

Although the UK plan was welcomed by organizations such as the IFPI and the Federation Against Software Theft, the proposals were criticized by both consumer groups and many ISPs.

Earlier this month, Charles Dunstone, the CEO of the Carphone Warehouse Group, which operates the Talk Talk broadband service, said that he could not foresee any circumstances in which it would voluntarily disconnect a customer's account on the basis of a third party alleging a wrong doing.

His comments came in response to efforts being made by the BPI , an industry association representing UK record companies, to encourage ISPs to agree to a so-called three strikes policy, in which they would limit internet access to persistent infringers.

Dunstone made his position clear: "We are the conduit that gives users access to the internet, we do not control the internet nor do we control what our users do on the internet ... We believe that a fundamental part of our role as an ISP is to protect the rights of our users to use the internet as they choose. We will fight any challenge to the sanctity of this relationship with every legal option available to us."

Now it seems that MEPs are also sceptical about the efficacy - as well as the ethics - of blocking internet access to alleged IP infringers.

Managing IP, in association with VeriSign, is hosting a free web seminar on internet brand protection: tackling online infractions this Wednesday at 12 noon EDT. For more information, and to sign up, please click here .



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