Intellectual Property Law

MPAA Negotiates With ISPs to Disconnect or Penalize Copyright Offenders

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

Hollywood studios are negotiating with broadband providers to take action against customers caught downloading movies repeatedly. Penalties range from redirecting infringers' browsers to an anti-piracy message and disconnecting them entirely, a movie industry source familiar with the talks said Friday.

The revelation came as the Recording Industry Association of America is talking with the same ISPs to get them to adopt a "three-strikes" plan and cut internet access to repeat infringers of music copyright. The RIAA proposal aims to make music fans stop trading pirated material, while limiting industry lawsuits that target individual offenders who face court damages of as much as $150,000 an infringement.

A source familiar with Hollywood's negotiations says the movie industry's plans, which could be announced as early as next month, are still fluid and nothing has been finalized. The source, who requested anonymity, said the ISPs ultimately could decide on a range of proposed sanctions, including suspending service to those found sharing copyright material.

"Our efforts are focused on educating consumers who receive infringement notifications for illegal downloading about where to find high-quality, legitimate content on the internet and on effective ways to deal with repeat infringers," the Motion Picture Association of America said in a statement. The association, which is the lobbying agency for the Hollywood studios, declined to elaborate.

The major ISPs, however, have thus far balked at terminating their clients.

The studios and ISPs are also discussing "browser redirect." The browser of a suspected copyright scofflaw would point to the internet service provider's terms of service agreement that informs users they risk losing internet access for illicit conduct. Violators who lose service potentially face reconnect fees as well.

"Everybody," the source said, "is trying to figure out what the best approach is."

See Also:

• AT&T, Comcast Deny RIAA 'Three-Strikes' Participation
• Top Internet Providers Cool to RIAA 3-Strikes Plan
• ISP Agrees to Ban Copyright Scofflaws
• Leaner RIAA Still Moving to Terminate Online Access of Copyright ...
• Pirate Bay Trial Ends; Verdict Due April 17

Full post as published by Threat Level on March 27, 2009 (boomark / email).