Business Software Alliance takes position in piracy debate

The Business Software Alliance (BSA) wants to fight software piracy without impeding access to the ‘Net. Furthermore, the Alliance observes that too strict a focus on punitive copyright policies may stand in the way of innovation. This does not detract from the BSA’s desire to deter pirates. The Alliance favours a graduated response. Warn first, sanction later. Terminating Internet connections is the strongest sanction that should only be used as a last resort.

In BSA’s vision, ISPs are responsible to warn illegal file-sharers about possible sanctions and to store relevant data for possible use in court or arbitration. A court or administrative body would then pass judgment about proper sanctioning. Users should always be able to appeal this verdict.

However nuanced this position may sound, it does contain an exemption that could proof important. Account termination should be averted and appeal on such a decision should always be possible, UNLESS termination would be part of a contractual arrangement between user and ISP. If illegal file sharing would be grounds for breaking the ISP’s service contract, the right to appeal cannot be invoked, says the BSA. This clause makes the BSA’s statement vulnerable to criticism. Technoblog Ars Technica, for example, fears that the BSA will try and coax ISPs into adopting such clauses so that copyright violators can be cut off via a detour, without the presentation of proof, without the ability to appeal for the (alleged) file-sharer.