Ofcom Releases Draft 'Three-Strikes' Guidelines for UK Internet Users

June 26, 2012 -

Ofcom, the regulations body in charge of media in the UK, has released details of a proposed plan that forces British ISPs to send warning letters to subscribers accused of copyright infringement by video game, music, film and other media companies. Under these proposed guidelines, individuals who receive three letters in a 12-month period would have their personal data, downloading and filesharing history handed over to the copyright owners to help them prepare for a lawsuit.

The guidelines may sound familiar because they are pretty much the same as what Ofcom proposed in 2010. The new rules would apply to any ISP with more than 400,000 customers, and it would require that copyright owners file their complaints within one month of "gathering evidence" of illegal infringing activity. The guidelines also offers an appeal process for those accused of infringement; an accused individual would get 20 days to appeal at a cost of £20 ($31). That money would be refunded if the appeal proves to be successful.

The new "three-strikes" system would not be implemented until March 1, 2014 - but it is expected to be approved later this year.

If there are any saving graces in the new draft guidelines, it is that rightsholders have to foot up to 75 percent of the cost of the actions and they have to collect and retain a lot of data on users. British judges will also have to deal with the fallout of these new rules. All British citizens and the ISP's can hope for is that some legal precedents are set. Of course that means that some people who have been accused of copyright infringement will have to suffer through the legal process.

Source: GIGA OM


Comments

Re: Ofcom Releases Draft 'Three-Strikes' Guidelines for UK ...

There is a lot of anger here about the 20 pound charge to defend yourself, since having to pay for the right to prove your innocence is a violation of the fundamental 'Innocent until proven Guilty' tenet of law. You shouldn't have to pay to defend your own innocence, refund or not.

The other issue that has been raised is why people are being asked to defend themselves against allegations, not accusations.

Finally, the UK Libel Laws could seriously scupper this idea, since writing to someone and accusing them of committing a crime could be considered defamation.

 

 

Re: Ofcom Releases Draft 'Three-Strikes' Guidelines for UK ...

They aren't even trying to hide that this is just carte blanche to execute shakedowns on whoever they want.

Re: Ofcom Releases Draft 'Three-Strikes' Guidelines for UK ...

Ya but the funny part is the IP owners are going to have to pay a not small but not large sum to get their IP data from ISPs. Its a bit better than our DMCA which allows for free takedowns notices,ect.


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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