5 Reasons Why Illegal Downloaders Will Not Face a UK Ban
There’s been a lot of buzz about a story The London Times ran this morning under the headline “Internet users could be banned over illegal downloads,” which also appeared on the BBC website under the even more alarming headline “Illegal downloaders ‘face UK ban.” Time to get a couple of things straight.
The Times says “people who illegally download films and music will be cut off from the internet under new legislative proposals to be unveiled next week.” Actually, this story is complete balderdash. But the fact that this nutty proposal is getting anywhere at all illustrates how ignorant the powers that be are about downloading.
Let’s get a couple of things straight –
1. This proposal was a draft consultation green paper, defined as “a proposal without any commitment to action.” The government receives many of these on a daily basis. They are like junk mail at Number 10 Downing Street. The Prime Minister’s toilet paper is more important than most green papers, and both are usually filed in the same place.
2. This proposal is totally and completely unworkable in the real world. ISPs will not accept liability for the contents of packets (nor should they), and it would be impossible for them to open and check if every single download and upload was legal or not without the entire Internet grinding to halt. This isn’t in the best interests of the government, the ISPs or the voters. Banning customers and exposing yourself to billions in liability isn’t a good business strategy. Criminalizing six million citizens and inconveniencing the rest is not a vote winner.
3. It would be impossible to tell the difference between illegal downloading and legal activities such as downloading software patches, using torrents to share stuff legally, playing online video games, using VoIP, photo sharing, telecommuting, and many others. The resistance from the private sector would be as strong as it would from the general public.
4. The very idea of this goes against the ruling of the European Court, which says EU member states are not obligated to disclose personal information about suspected file sharers. It would also fly in the face of Article 10 of the European freedom of expression laws, which gives every European the “freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
5. WiFi piggybacking and encrypted packets make it impossible to tell who is downloading what in the first place. These techniques are only getting more sophisticated, while for the most part, the content industries collectively remain as dumb as a box of hair.
So in summary:
Insert Toilet Flushing Sound FX Here
This idea makes as much sense as trying to ban people from singing ‘Happy Birthday’ to each other over the telephone network, or burning down libraries to protect the publishing industry. But what’s frightening about such ideas is that they are still taken seriously all over the world by powerful decision makers in government and industry who have absolutely no clue about how the Internet actually works, or the damage such laws could do to democracy.
Before there is any more discussion about this, the music and film companies need to definitively prove illegal downloads cost them millions of dollars in lost revenues. CD sales are falling because nobody uses them anymore, and Hollywood is in rude health despite the pirates. There should be no more talk about changing laws and spending tax payer’s money on this ‘problem’ until someone proves there really is one.
Furthermore, if there is a problem, tax payers shouldn’t have to pony up in the first place. The content industries need to stop braying at governments to protect inefficient business models and look at the real solution that’s been staring them in the face for ten years.
For those who are interested, my book: “The Pirate’s Dilemma: How Youth Culture Is Reinventing Capitalism” is out now through Free Press, , and probably soon on a BitTorrent tracker near you ;).
Previously: Kuwait Government Blocks 20 BitTorrent Sites
Next: Danish Pirate Bay Block Breaks EU Law
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The government has stated “We will move to legislate to require internet service providers to take action on illegal file-sharing.”.
@35 is WRONG! What does ‘is-it-possible?’ have to do with government legislation? Governator Arnie (California) has passed legislation that new houses built after 2020 have to be “energy neutral”. How? Well, it’s not-his-problem, he won’t be in charge in 12 years.
well they will loose all there customers if they do broadband companys whould loose lots off money i dont think it can happen over millions do it every day even i do they should catch out them who copy and sell dvd and music not take there internet off them but if they do they will loose alot off money
My, that was so clear. Thank you
The only reason they think they are losing billions a year or whatever is because they are adding up everything that is downloaded… if i couldn’t download an album or film for free, i wouldn’t go out and buy it - i’d go without it! they actually think that each download would have been a purchase if it wasn’t available online! muppets. Any good film, you see at the cinema, why then pay £15 to watch it again (about 6 months after)?!
I wonder how long the shipping will take….
———
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check out my photos firstly!
@26
[quote]who wants to live in britain anyways?[/quote]
Me and the other 60 million people doen’t even want to live here.
It seems insane that the UK Government would even consider allowing corporations to spy on individuals and invade our privacy.
It seems like the first step in building a wall around the internet in this country like China, heaven forbid people should be freely able to exchange information.
If they ever tried something so stupid and unworkable it would do nothing more than force people deeper into the dark parts of the intertubes.
well im moving to america soon woop woop get out of this country lol
I don’t think it’s a useless as you make out. If they pass a law obligating ISPs to punish pirates then it won’t be hard for them to spot the illegal downloaders:
1 ) First see which users have the most traffic and traffic running around the clock.
2) Second check your log for the .torrent files they have. Doesn’t take a genius to spot the name of Hollywood films.
Sure this doesn’t prove it’s illegal but odds are it is.
It’s not in the ISPs interest to lose customers but if they are obliged to show they are punishing pirates then its easy pickin’s.
It all depends how strict the guv is in enforcing this. I bet at least 20% of customers for an ISP are pirating stuff. A major crackdown might deter some people but until they’re bust the users for copyright violiation and prosecuting them, no one will be running scared.
[quote comment="288538"]The only reason they think they are losing billions a year or whatever is because they are adding up everything that is downloaded… if i couldn’t download an album or film for free, i wouldn’t go out and buy it - i’d go without it! they actually think that each download would have been a purchase if it wasn’t available online! muppets. Any good film, you see at the cinema, why then pay £15 to watch it again (about 6 months after)?![/quote]
SPOT ON!
ISP’s simply won’t be this stupid. They are not inclined to ban over half of their customers.
[quote comment="288244"][quote comment="288215"]http://www.dailymail.co.uk/pages/li….
Take part in the poll.. so far 77% say No to banning :)[/quote]
If I can vote for banning the daily mail, I’m there![/quote]
ROTFL
[quote]The content industries need to stop braying at governments to protect inefficient business models and look at the real solution that’s been staring them in the face for ten years.[/quote]
My sentiments exactly.
People have always shared their music and films. Who [i]didn’t[/i] have a mix tape of their friend’s music when they were a kid? The only reason it’s receiving so much attention now is that sharing has become so much easier. Their business model was based on trust (or more likely the inability to copy) from the start.
When the media giants finally start trusting and respecting their customers, I have no doubt they’ll receive increased business in return.
Most people will willings pay for songs and films when you don’t treat them like criminals.
Or to put it another way… if you treat me like a cunt, I’ll act like one.
why is no one picking up on this?
everyone or most have super fast Internet as it states on tv and adverts from bt virgin etc.
you are all paying x amount a month every single 1 of you for this service, what does the adverts say?
20mb fast broadband download faster!
thats it right there, not browse the http but download, .. download what? do they offer a service or anything to use your 20mbit on? no, swap over to the info channel at virgin it actually states it is for downloading movies games and tv shows faster than say slower connections.
every single person has the Internet but not 1 single person yet has asked or said why they have it.
you have inet access for 1 purpose download you have 20mbit or faster to do just that download download download that is what you ALL are paying x amount a month for right?
or are you just payin it to browse websites of prety little flowers?
even the jackasses here are saying great i hope they do filthy pirates … but why do they need 20mbit or fast connections if they never download? why do they even have the intnernet because lets face it and be honest THAT IS ALL IT IS FOR! otherwise we wouldn’t need blazing fast 10/20/50mb! would we!
ISP’s know that any attempt to implement this allegedly proposed legislation is unenforceable.
How would an ISP be able to detect illegal downloader’s of ‘copyrighted’ files if for example a audio file called ‘copyright.mp3′ had its file extension and title changed to ‘001.txt’ and then uploaded to ‘wherever.com?’
The downloader upon completion of the download simply has to revert the file extension and name change of ‘001.txt’ back to ‘copyright.mp3′. Would the ISP have to, I presume then illegally download said file to confirm any suspected copyright infringement?.. Would they have to download, inspect and check EVERY file a consumer downloads….
Like many here I suspect there is no ‘proposed legislation’, that this is an attempt not by the British Government but by the BPI to test the waters or to scare/deter the uninformed from filesharing.
Its a fallacy that file-sharers are the so-called ‘piracy industry’. 99% of file sharers download for personal use not for economic gain. This myth is propagated by the BPI. Why doesn’t the Film and Music industry set up their own Bittorrent sites and make money from the advertising revenue such a site could/would bring in, as they themselves claim they do?
@62, You are forgetting the online gaming community in your assumption that fast connections are only for downloading movies and music.
all the news did last night was alert the rest of the population that over half of it anyway was filesharing so they instantly would be thinking hmm, im paying 35 quid a month for a service and getting nothing from it i am not getting my moneys worth… the rest of the people clearly are getting their moneys worth from their subscription
great so now they advertise half britan is doing it now wait for the other half to join in lol
these people who mass advertise on tv are funny they are just showing people who didn’t know just what to do
you dont need a fast connection for games at all the speed has nothing to do with it, i’ve been a gammer on CSS for 8 years right down from me having dialup to 20mbit between 4mb/20mb there is no difference and not every home user is a gamer who has fast broadband but you can be assured they download with it,
it’s a “Subscription” i pay that to download with their service its what they advertise it for and its what we all pay it for plain and simple
[quote comment="288148"]Over 40 million people in the UK download and share illegal files. I don’t think the ISP’s are gonna say to the goverment. Oh yea! We will cut off millions of our customers losing billions of pounds. Funny Eh?[/quote]
Are you on crack? 40 million! hahahahahah
What the hell is the ‘London Times’ ??
I PAY Virgin £37 a month for 20mb,they know & i know i don’t need that speed or expence to just surf the net lol, uk gov sucks, lets remember these threats next election time.
Pete wrote:
Over 40 million people in the UK download and share illegal files. I don’t think the ISP’s are gonna say to the goverment. Oh yea! We will cut off millions of our customers losing billions of pounds. Funny Eh?
eh??
Do some math mate, there are 60 million in the uk and at best 70% have internet. I think what you were referring to was that for every legal download it has been suggested there are 40 illegal downloads.
There are supposedly about 6 million people who download torrents in UK, a country that IS NOT part of EU.
The article was in the Times owned by a MR R Murdoch that tells you everything.
Anyway ive got VPN so best of luck to them ;)
I have just come to see that this also sends out another message other then they want downloaders to be banned !!!!
At no time does this new bill say or make it illegal to download ?
Yes they say it’s wrong and they will slap your wrists for you 3 times and then try to take your ISP off you but they still dont go as far to say it’s wrong and you will be taken to court as a criminal????
WHY IS THIS ?? if they have details why not just say it’s 100% illagal and take us all to court.
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