Digital Economy Bill: now ISP copyright takedowns

Digital Economy Bill: now ISP copyright takedowns

Summary: In an amendment added to the Digital Economy Bill during the House of Lords report stage debate this afternoon, ISPs would be forced to block access to web sites on receipt of a claim of copyright infringement - in a similar manner to the American Digital Millennium Copyright Act.The amendment, moved by Tory Lord Howard of Rising and Lib-Dem Lord Clement-Jones, , says that if an ISP fails to act, the claimed copyright owner can apply to a court to force the blocking and "...

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TOPICS: Emerging Tech
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In an amendment added to the Digital Economy Bill during the House of Lords report stage debate this afternoon, ISPs would be forced to block access to web sites on receipt of a claim of copyright infringement - in a similar manner to the American Digital Millennium Copyright Act.

The amendment, moved by Tory Lord Howard of Rising and Lib-Dem Lord Clement-Jones, , says that if an ISP fails to act, the claimed copyright owner can apply to a court to force the blocking and "...the Court shall order the service provider to pay the copyright owner's costs of the application unless there were exceptional circumstances justifying the service provider's failure to prevent access despite notification by the copyright owner"

In the US, similar provisions have resulted in organisations taking down content on receipt of a claim, with the content provider having to appeal thereafter to have access resumed.

Jim Killock of the Open Rights Group said in a posting: "This would open the door to a massive imbalance of power in favour of large copyright holding companies. Individuals and small businesses would be open to massive 'copyright attacks' that could shut them down, just by the threat of action. This is exactly how libel law works today: suppressing free speech by the unwarranted threat of legal action. The expense and the threat are enough to create a 'chilling effect'."

Glyn Wintle, also of the Open Rights Group, has been tweeting the session.

The Bill now has to go through a third reading in the House of Lords followed by two more readings, a committee stage, a report stage and a final reading in the House of Commons.

Topic: Emerging Tech

Rupert Goodwins

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  • Digital Economy Bill: now ISP copyright takedowns

    It needs scrapping the whole bloody thing, its nothing but piffle and nonsense, it's a bill of communism & dictatorship that affords nothing constructive to society, infact it does the opposite it strangles society.
    CA-aba1d
  • Digital Economy Bill: now ISP copyright takedowns

    This is not exactly the correct solution. I'm fine with the take down of sites found by a legal process to be trading in, or facilitating, copyright infringement.

    However, I would suggest that Jim Killock is somewhat understating his concern when mentions an 'imbalance'. There is potential for significant abuse here, thus replacing one wrong with another.

    Under no circumstances should action be taken on a mere allegation. At the same time sites clearly involved in unlawful file sharing should be identified and blocked/shut down, after due process.

    The Former Moley
  • Digital Economy Bill: now ISP copyright takedowns

    This will result in many unnecessary and basically unlawful take downs. Personally I think currently the law is biased towards copyright infringers, but moving the law to be biased towards copyright holders is not fixing the problem. What's needed is to introduce an independant third party who would handle each case without the threat of being sued, this would remove the knee jerk reaction that ISPs will inevitably make to any and all take down requests. This wouldn't remove the avenue of court proceedings if the judgement went against the copyright holder, but it would mean the process would be a bit more balanced and wouldn't allow them to throw their weight about willy nilly.

    How many comments do you get where the term "willy nilly" is used?!! Class.
    project10-55857
  • Digital Economy Bill: now ISP copyright takedowns

    More Mercs for lawyers and less content for us all. The net is a 'sharing' community. I own many arts sites (15 years of hard work)that provide thousands of pages, images and reviews that I and my peers have produced for people to view for free. Why? Because in return I get to share other peoples creativity. Now governments and the commercial parasites are looking for another free lunch ( as they weren't invited to the www party in the first place, and still aren't welcome.)
    99% of the net is provided by people like me FREE and unpaid. Why should we do this now if we are to get nothing in return? Perhaps us 99% should a get together and charge governments, schools and business to enter our sites. See how long their 'gravy train' would last then eh?
    andyarry
  • I can see a couple of potential problems with this act due to the wonderfully vague Human Rights Act 1998 - http://www.opsi.gov.uk/acts/acts1998/ukpga_19980042_en_1

    Article 10 Freedom of expression
    Article 11 Freedom of assembly and association

    I bet both these articles will be used to override this legislation.
    AndyPagin-3879e
  • When will the V-chip be available for installation INTO children?
    anonymous