Technical measures to combat piracy (Part I)

Given current discussions about graduated response, filtering, and bandwidth management, Future of Copyright will list the pros and cons of ISP regulation and explore the merits of a number of possible technical measures in the next few days.

Introduction

When it comes to the distribution of digital content, entertainment industries and consumers have effectively been in a deadlock for years. Consumers want round-the-clock, reasonably priced access to digital content. Entertainment industries would be happy to oblige, but they are held back by fears that giving unrestricted access to content will promote piracy, making it impossible for them to earn back their investments. A a result, consumers and entertainment industries have had difficulties in making an online connection, much to the delight of professional pirates.

Part of the solution undoubtedly lies in improving the supply of digital content. The current supply is fragmented and often limited, driving consumers towards illegal alternatives. Providing consumers with adequate alternatives for the extensive range of easily accessible illegal files will prove to be a vital step in the coming years. In turn, content users would do well to realise that good things do not come for free. Making films and games involves substantial and risky investments which have to be recouped. No return on investment means no new films, it is as simple as that. The same goes for computer games and software. Therefore, effective protection of copyrights should also be a key concern in the coming years.

At the moment, copyright laws are enforced mainly by means of legal action and Digital Rights Management (DRM). Legal action involves prosecuting professional pirates and bringing civil action against individual consumers. It is worth mentioning that civil action against consumers has been widely regarded as controversial, especially by the film industry. For the most part, enforcement through DRM entails regulating the use of files by means of technology, copy protection systems being one example. This method has also given rise to some dispute, however, as copyright protection can be circumvented and also restricts legitimate consumers in their use of legally purchased content.

Clearly there is a need for viable alternatives to legal action (against professional pirates) and enforcement through DRM. According to an as yet undisclosed report published by the British company Informa, Internet Service Providers are likely to play a central role in this matter in the coming years, as they hold the key to regulating network access to and from illegal sources. The Informa study looks into the ways in which ISPs may contribute to preventing and combating copyright infringement.

ISP regulation is not without its critics either. While it may help to combat piracy effectively, it also poses risks for freedom of speech, privacy and the principles of net neutrality.