Can Someone Explain Why It Should Be An ISP's Responsibility To Deal With File Sharing?

from the it's-a-simple-question dept

Last week, we noted that there was some draft legislation in the UK making the rounds that would have ISPs ban people found to have participated in unauthorized file sharing. Some people responded by saying that this was just a draft and there was no chance it was going to go anywhere. However, the UK's Culture Secretary Andy Burnham is now saying that the government is quite serious about pushing this legislation through, and that ISPs would be wise to implement such a system voluntarily before the government acts: "Let me make it absolutely clear: this is a change of tone from the Government. It's definitely serious legislative intent." What he doesn't make clear, however, is why it should be the ISPs' responsibility to prop up someone else's business model. What's next? Will they push automakers to fight back against bankrobbers who use getaway cars?

Filed Under: business models, file sharing, isps, liability, uk

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  1. icon
    Steve R. (profile), 22 Feb 2008 @ 12:45pm

    Who has the right to demand filtering?

    For the sake of argument, lets assume that filtering is a legal mandate.

    If John Doe (a member of the general public) finds some content he does not like or content he believes he owns is being illegally shared on the internet, will he be able to demand that the ISP filter this data?

    Furthermore how would the ISP even know if the entity demanding the use of a filter has a "legitimate" right to have that data filtered?

    Obviously this will also raise the issue of "equality" since the ISP can not possibly satiate everyone's desire for protective filtering. To paraphrase Orwell some content owners will be more equal than others. The small artist probably won't get filtering protection and will starve but the RIAA will get it and the RIAA managers will enjoy their Hawaiian vacation homes.

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