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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Its called ‘the Times’ not the london times…
Not all downloads are illegal. The last few weeks I have been making great legal use of my broadband with the BBC Iplayer, or downloading legal none signed music from jamando. Lets also include the new movies / Tv Shows available on both Xbox 360 and PS/3.
I also must download a database backup, latest source code, or the latest Linux distro. My Job!
So just because I want a fast connection, does not mean its for illegal use.
Peer-to-Peer is a file transfer system, nothing more. To be able to ban people without a massive legal fight, they’d have to be able to prove what was being transferred. That means packet snooping! This idea is insane, and will only drive a new industry in off shore encrypted VPN. Like it or not, if I’m downloading a movie or not, I don’t like the idea of my ISP scanning every packet, the same as I don’t want Royal Mail opening every letter sent to me.
Its a stupid idea, what ever your thoughts on copyright are.
Number 70 the UK isn’t part of the EU? Do I need to put dates down in which the UK has held the EU presidency? But I do know what you mean, the UK should not be part of the EU, that I agree with. I am of the opinion the UK should adopt the US constitution and change its name to The United Kingdom Of America. That way the Brits will no longer be confused and the world will know who the country bends over for.
As for green papers. Green papers do make it to law and I suggest all who say that they don’t they do some research. This is a scary idea but very plausible in a country like the UK. China and the US monitor their internet usage so why shouldn’t the UK? After all the Brits are the most watched nation in the world and one of the few nation in which the population is depressed (75% on antidepressants).
Good luck with your fascist country Brits, I left and never will come back.
Nice article. It made my day :)
I AGREE WIT YOUR RESPONSE. THE GOVERMENT FORGET THAT THE BBC IPLAYER AND THE SKY MOVIE LEGAL DOWNLOAD IS P2P AS WELL SO WOT ARE THEY GOING TO DO WIT THEM AND I THINK THE 4ON DEMAND IS AS WELL.
THE GOVERMENT IS SHIT.
Imagine how much VAT the government would lose on cancelled connections. It ALWAYS comes down to money - and votes.
I’m in the UK and I’ve worked for a major ISP in the past. The ISP’s could simply ban heavy users who would then leave in droves and sign up someplace else. The ISP’s could never allow this.
It’s similar bullshit to the recent banks announcement that they may charge customers for current accounts… A shrewd bank offering free bank charges would then clean up.
Don’t stress it guys, they’ll always be a way around, and I doubt we need to worry.
never believed anything the guvernment said anyways,don’t see any reason to start now.
Well, whilst the movie and music world think there losing there money, I am sure UK ISP’s wont just give up all there customers, lets remember, greed will always fight greed.
Hmmmmm banning file sharers or going after pedophiles using the internet. You couldn’t make it up could you. Would not expect anything else of this ridiculous dads army of a government.
Who said its the ‘Government’ who authored this green paper Pete?
First they give £2000 for every tax payer to bail out northern rock SHARE HOLDERS!!!! then they attempt to curtail my entertainmnet……. This govenment is totaly corrupt and in the back pockets of every corporation that will splash them some back door cash. Roll on election!
feckin labour gaverment is just as bad as the tories in the 80,s we need are own pirates party in the uk and if we got of are fat arses to vote we would win hands down power to the people
oh em gee
@ anyone who can’t work out what “the london times” is
A NEWSPAPER.
I agree with #83 can not wait for the elections.
Who said it was/is the Government/new Labour who authored the ‘green paper’?
I seem to rember David Cameron gobbing off in the media onece or twice in the media about ‘p2p’ applications.. though I’ve heard nothing from Brown nor his culture club on the matter.
Weirdly enough, yesterdays news story has in fact increased the amount of people file sharing.
My next door neighbour is now using Bit torrnet after being made aware of it by the Times (and me going round and setting it up). Well done to the times.
my government (uk) are a bunch of fuckpigs
This article shows a lot of common sense. Unfortunately, common sense is usually in short supply when it comes to listening to corporations with billions of dollars.
I completely agree that banning people who use BitTorrent is bollocks and will never happen/work BUT in a world where more people download and see content as being free - how do we pay the people creating content?
Who pays to have the multi-million pound a season drama series made if the majority of people get it off the net for free?
It’s ok in the UK where we pay an annual licence fee for the BBC - but what about the commercials? If ratings go through the floor because everyone watches for free through BitTorrent (without commercials) and the money the network gets goes down because of that - there won’t be any new great dramas and comedies made.
All TV will be cats being kicked on You Tube. Nice.
I would just love to watch our pm work out how to press the button to turn the system on….
[quote comment="289061"]
Who pays to have the multi-million pound a season drama series made if the majority of people get it off the net for free?
It’s ok in the UK where we pay an annual licence fee for the BBC - but what about the commercials? If ratings go through the floor because everyone watches for free through BitTorrent (without commercials) and the money the network gets goes down because of that - there won’t be any new great dramas and comedies made.
All TV will be cats being kicked on You Tube. Nice.[/quote]
I’d be happy to download tv shows from say ITV’s website that included adverts. Adverts as a revenue source has clearly been a very successful buisness model for years in TV land, and it cleary is on the internet (making Yahoo worth so much to Microsoft!).
Like people have said earlier, why not create their own torrent sites/own video files with their own adds to earn their money. The marketing potential of such ventures is massive…think of all the data they’ll get and segmentation they can do!
so.. for all the Media corps. out there.
How does Google make so much money?
They provide a service FREE to the end user.
No Ads i can see.
Think my dear boys.. You might have money and politicians in your pockets but you sure as well have no fucking brains.
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