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ISPs sound warning to illegal downloaders

Bermuda’s internet service providers (ISPs) have stepped up their campaign against copyright infringement, warning users to be responsible for their actions when downloading content in the future.The move stems from a working group meeting of ISPs, and representatives from the then Ministry of Energy, Telecommunications and E-Commerce and the Office of the Registrar General in December 2009 to understand the potential liabilities of users downloading content or material including music, books and other materials protected by copyright without obtaining permission of the owner of that content.The downloading, use, selling, lending, copying, distributing and/or peer-to-peer sharing of content without the owners’ consent or without a licence is illegal under the Copyright and Designs Act 2004 and in many jurisdictions illegal downloading has led to the owner of the content taking violators of the copyright laws to court for substantial amounts of money.The issue has gained added significance locally after the Island’s ISPs received notices from certain copyright owners’ representatives about infringement of copyright by users who download content illegally, identified by date, time and content.The ISPs, in collaboration with the Department of E-Commerce and the Registrar General, have started forwarding notices to the Department of Telecommunications and the Registrar General and have urged internet users to protect themselves from potential liability by obtaining the owner’s permission prior to downloading content or buying content through an authorised source.In addition, they advise that users should always follow the ISPs’ acceptable use policy when using the internet or a wireless service.The ISPs said they were working with Government to determine the most appropriate method and process for a long-term solution in dealing with the issue of copyright infringement notices received for their clients’ illegal actions.They said that, collectively, in the future when they receive such notices they will forward it to the user concerned and those who continually download content illegally may be subject to service interruptions.“As a first step, the ISPs and the Government of Bermuda wish to advise the Bermudian public that the downloading of content without the owners’ permission, consent or without a licence, is illegal,” they said in a statement.“The working group’s goal is to communicate and educate users of the internet to be responsible in their use of the internet and its contents.”Last August, The Royal Gazette reported that PRS for Music, a not-for-profit music organisation, visited the Island to promote awareness among businesses of the importance of having a licence to play music on their premises.For more information contact the Intellectual Property Section, Registry General, Government Administration Building, Parliament Street, Hamilton, MH 12, call 297-7708 or email mchristopher[AT]gov.bm; details on the illegal downloading of content can be found at the Registry General’s website at www.registrygeneral.gov.bm