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John
05-30-2010, 06:31 PM
Copyright owners could ask internet service providers for lists of those alleged to have stolen their work under proposals announced by regulator Ofcom.

The plan is contained in a draft code of practice that Ofcom hopes will curb copyright infringement and will initially only apply to ISPs with more than 400,000 customers, including Talk Talk, Orange, O2, BT, Virgin Media, Sky and the Post Office.

Owners, including music companies and film studios, could request details from the list as a step in taking action against serial infringers, but the move has seen consumer and citizens' rights groups immediately urge Ofcom to ensure fair treatment for those accused of infringement.

The draft code sets out how and when ISPs should notify their subscribers of allegations that their accounts have been used for copyright infringement.

Ofcom said the code, which has been created as part of the Digital Economy Act (DEA), should come into force early next year.

A controversial element of the act was its granting of powers to the Secretary of State to cut people off if they ignored warnings. However, the code says: "The Secretary of State has not indicated his intention to make use of these provisions at this time and this consultation is not concerned with this aspect of the DEA."

An independent appeals process will also be set up for those customers who believe they have been wrongly accused of copyright infringement and the Communications Consumer Panel, Consumer Focus, Which?, Citizens Advice and the Open Rights Group have published a set of principles to ensure that the new rules properly protect consumers.

Consumer Panel chairwoman Anna Bradley said: "It is imperative that a system that accuses people of illegal online activity is fair and clear. By publishing these principles we want to make sure that customers get fair treatment, are fully informed of what's happening to them and that they have real rights of appeal."

Robert Hammond, head of post and digital communications at Consumer Focus, said: "Consumers face considerable confusion while Ofcom tries to work out how to implement new laws under the Digital Economy Act. The aim should be to encourage suspected copyright infringers to use legal alternatives and achieving this rests on the process of notification being seen by consumers as fair and helpful. In following these consumer principles, Ofcom can provide consumers with the protections they need."

The consultation exercise on the proposal will run until July 30.