Just under a fortnight ago, TelecomsTech reported on London-based MUSO’s request that Russian social network VK take stronger action against file-sharing. Although that intervention curbed illegal distribution on one prominent site, copyrighted music and television content remain widely available through piracy. The UK government is now exploring further steps to reduce unlawful downloading.
The proposed voluntary code, which would be offered to major internet service providers including BT, Virgin Media, BSkyB and TalkTalk, would permit monitoring of users’ downloading activity and could lead to the creation of a database of repeat infringers. The aim is to give rights holders and ISPs a mechanism to identify and deter persistent copyright violations.
One of the key legal obstacles is that creating and retaining such a database may conflict with the UK’s Data Protection Act, raising significant privacy and compliance issues. Any scheme that collects, processes or stores personal data must satisfy data protection principles, ensure adequate safeguards and demonstrate a clear legal basis for handling user information.
On 12 September, a Downing Street breakfast meeting is scheduled to discuss how to police online copyright breaches. This debate takes place in a sensitive political climate following revelations about mass surveillance programs, including the NSA and PRISM, which have made the public particularly wary of new forms of privacy intrusion. Any proposal perceived as expanding surveillance risks generating substantial public opposition.
At the same time, the entertainment industry stresses the economic harm caused by piracy. Ofcom, the UK communications regulator, reported that between November 2012 and January 2013 some 280 million music tracks and 52 million television programmes were downloaded illegally. Those figures underline why rights holders and creators are pressing for effective enforcement measures.
A major driver of TV piracy has been the lag between US and UK broadcast dates. High-profile series such as Game of Thrones became frequent targets for illegal downloading precisely because viewers in the UK faced long waits to watch new episodes. The industry and streaming platforms have worked to narrow that window: where once the gap might have been a year, it is now often measured in months or even days.
Streaming services are emerging as one of the most practical solutions to curb piracy by offering timely, convenient legal access. Netflix’s UK on-demand service, for example, has begun offering some hit series, such as Breaking Bad, very soon after their US broadcast. The platform’s investment in original content — titles like House of Cards, Orange Is the New Black and Hemlock Grove — also helps retain subscribers and reduce demand for illegal sources.
In music, the rise of streaming services such as Spotify, Rdio and Google Play Music appears to have been fueled in part by the desire for legal alternatives that are more convenient than buying individual tracks. The traditional model of purchasing single downloads via stores like iTunes is under pressure; many observers expect it to decline further as subscription and ad-supported streaming become the dominant ways people consume music.
Any move to track piracy through ISPs must balance the legitimate need to protect creative industries with robust protections for user privacy and data rights. Policy options could include transparent governance, strict limits on data retention, independent oversight, and clear redress mechanisms for incorrectly identified users. Equally important are efforts to make legal alternatives more attractive—by closing broadcast windows, expanding timely digital release windows and improving the accessibility and pricing of streaming services.
The conversation about enforcement and access is ongoing. Government, ISPs, rights holders and consumer advocates will need to engage in careful dialogue to develop policies that both reduce unlawful downloading and respect legal protections for personal data and privacy.
What do you think about the UK’s proposal to offer ISPs a piracy-tracking code?