P2P and Digital Britain

The problems caused by the use of Peer-to-Peer (P2P) filesharing networks to share copyright protected works without permission, were considered as part of the Gowers Review of Intellectual Property . Gowers recommended that the government should consider legislation in this area if the content industries and ISPs did not reach a voluntary agreement. This was reiterated in the Creative Britain Strategy published in February 2008.

On 24 July 2008 a new industry initiative was announced between UK music and film interests and six of the largest UK ISPs in relation to illicit filesharing using Peer-to-Peer (P2P) networks. The Memorandum of Understanding (which was also signed by the government) was voluntary and under it all parties agreed on the need for action in three areas:

• education and awareness (to build respect for creativity)
• new legal offers to meet consumer demand for content
• the issuing of notifications where infringement is occurring.

There was a three month trial with each ISP issuing 1,000 notifications a week to users that the rightsholders identified as infringing their copyright through P2P.

Alongside this, the Department of Business Enterprise & Regulatory Reform launched a consultation on possible legislative action on P2P filesharing. The consultation set out the UK government's preferred solution, which was a co-regulatory approach, providing regulatory backstops to support and underpin the Memorandum of Understanding approach. It also identified other possible options and sought views on these. The consultation closed at the end of October with response indicating no clear way ahead. As a result, government proposed legislative steps in the Digital Britain interim report.

On 29 January 2009 the Government published a plan to secure Britain’s place at the forefront of the global digital economy. The interim report contained more than 20 recommendations, including specific proposals on:

• next generation networks
• universal access to broadband
• the creation of a second public service provider of scale
• the modernisation of wireless radio spectrum holdings
• a digital future for radio
• a new deal for digital content rights
• enhancing the digital delivery of public services

One of the suggestions that came out of the interim report was the possibility of a digital rights agency. To investigate the feasibility such an agency the Intellectual Property Office produced a discussion document (448Kb) that addressed the potential options and approaches that could be taken. Interested parties and the general public were invited to comment on the role, size and funding of such an agency.

The discussion document received a substantial number of responses, indicating how important the subject of digital rights is in the minds of the creative industries and the general public.

• Summary of responses (279Kb)

All of the progress made through the MoU, the BERR consultation in 2008, the Interim Digital Britain Report and the rights agency discussion paper, have fed into the final Digital Britain Report. This contains proposals for Government, industry and the consumer to work together to tackle the problem of illicit P2P file sharing both now and in the future.