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While the movie industry's anti-piracy proposal demonstrates a desire to put ISPs under pressure in respect of their pirating customers, it comes as no surprise that their trade group, the Communications Alliance, has other things in mind.
The studios would like to see a change in copyright law to remove service providers' safe harbor if they even suspect infringement is taking place on their networks but fail to take action, but the ISPs reject that.
"We urge careful consideration of the proposal to extend the authorization liability within the Copyright Act, because such an amendment has the potential to capture many other entities, including schools, universities, internet cafes, retailers, libraries and cloud-based services in ways that may hamper their legitimate activities and disadvantage consumers," they write.
But while the ISPs are clear they don't want to be held legally liable for customer piracy, they have given the clearest indication yet that they are in support of a piracy crackdown involving subscribers. Whether one would work is up for debate, however.
While warning of potential pitfalls and inadvertent censorship, the Communications Alliance accepts that done properly, the blocking of 'pirate' sites could help to address online piracy.
Pointing to the project currently underway in the UK coordinated by the Police Intellectual Property Crime Unit, the Communications Alliance says that regardless of the outcome on blocking, a "follow the money" approach should be employed against 'pirate' sites. This is something they already have an eye on.
The Communications Alliance adds that rightsholders need to do more to serve their customers, noting that improved access to affordable content combined with public education on where to find it is required.
While some harmonies exist, the submissions from the movie studios and ISPs carry significant points of contention, with each having the power to completely stall negotiations. With legislative change hanging in the air, both sides will be keen to safeguard their interests on the key issues, ISP liability especially.
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