Repeal the copyright infringement provisions (sections 3-18) of the Digital Economy Act 2010.
Why the contribution is important
The copyright infringement provisions of the Digital Economy Act pose a substantial threat to the health and vibrancy of Britain's digital economy. Separate from the civil liberties issues the Act raises, these provisions will unnecessarily stifle innovation by, and growth of, the small, technology-driven businesses that form the backbone of the digital economy. Specifically, the provisions create the potential for:
(1) arbitrary or erroneous disconnection resulting from the Act's guilty-until-proven-innocent system;
(2) a substantial reduction in public wi-fi due to the imposition of unworkable burdens on wi-fi providers; and
(3) the elimination of websites that permit user-generated content, and the decline of web locker and software-as-a-service platforms, as a result of the web blocking provisions that allow a platform site to be taken down for inadvertently hosting a limited amount of infringing content.
If an entrepreneur is working to create the next big thing but finds that her Internet connection is randomly cut off, she can no longer access public wi-fi, and even if she could get Internet access she can't allow user-generated content on her website and the SaaS apps that she runs stop working as the underlying infrastructure gets shut down, she's going to have a big problem, assuming she wants to stay in Britain. In turn, Britain is going to have a big problem if the people who would be the key drivers of the digital economy--which by all accounts will be one of the main sources for growth and job creation in the coming years--are forced to choose between ceasing innovation or moving abroad.
The government has put tremendous efforts into promoting technology, entrepreneurship and the digital economy in recent years (the increase in entrepreneur's CGT relief introduced in last month's Budget being just the latest example). It would a shame to see all that good work discarded as a result of one misguided piece of legislation, but that is exactly what will happen if the copyright infringement provisions of the Digital Economy Act remain in force.
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Why is a Patent only valid for 6 years (US) and 12 years (EU), yet Copyright is for life?
Why can copyright be willed to a relative but a Patent cannot?
These copyright laws might have been valid in the 19th Century but not now. A movie makes all it's money within the the first year from the Box Office and then DVD sales for another year or so followed by TV, so why can't we have Copyright laws which match Patent rules, they allow the producers to make their money back in the first few years, but then allow others to use this material freely.
Software is the same, after only a couple of years it is out of date, but parts of it could be used by other developers and move technology forward not keep it restrained by the few.
When the UK government created libraries, they changed the laws so they didn't have to pay royalties, so there is a precedent here.
Ill-informed, misguided, unworkable.
That a bill that consists entirely of provisions to restrain, damage and sabotage the digital economy was even able to keep the _name_ of "Digital Economy Bill" is idiotic - and the fact that the wash-up process and had to be so badly abused to bring it in at all says everything. It's an act that even the _proponents_ knew could never have stood a chance in an actual debate.
The Conservative's support for this, and Clegg's abandonment of the LibDem pledge to repeal it, is a hideous black mark on
the new government's record. Get this poorly-conceived trash off the books.
Experts were consulted, and then ignored. Reports were written, and then discarded. Pubic consultation processes were kicked off, and then abandoned. Finally the text itself was force fed to the legislators by the lobbyists, and whacked through the 'wash up' process. It should therefore be no surprise that this act is littered with inconsistencies and perilous unintended consequences.
Repeal and start again (perhaps from last summer's Digital Britain Report, which whilst it had its failings remains a better place to begin than where we are now).
I note that there are several other similar proposals, which hopefully will be merged with this one in order to send a clear message to Mr Clegg that this act is highly unpopular and should be repealed as a matter of great urgency.
And IP is not a digital fingerprint. It is a number connected to an account - similar to a credit card number. It is possible to spoof, proxy and create fraudulent IPs in innocent people's names and addresses as it is to set up fraudulent credit cards. However, the DIgital Economy Law does not recognise this - instead it treats IPs logged by third party scrape software (operated by copyright holders with vested interests and a cartel style business model) as reliable, independent information with 100% proof of guilt.
There is also nothing to stop copyright holders accessing user account information for spurious, marketing reasons using the Digital Economy Law. All they have to do is present a list of IP numbers to an ISP, accuse those IP holders of a copyright violation and the ISP is forced to hand over their details without notifying the user. However, the copyright holder is not required to present proof of how they obtained the user's IP, and could easily have collected it from their own promotional site for their products. This creates a situation where a user could be bombarded with unwanted promotional material while unknowingly being on an ISP blacklist.
We can only spend this money if we get a return on investment. This return on investment is harmed by the evil, parasitic, copyright theft websites that are sucking the economic return out of the content creation business.
Content is not free. People who steal it are thieves. People who get rich helping other people steal content are accessories to theft.
What you are crying your eyes out about is not the *actual* return on your investment, but a *fictional* guarantee on investment.
So, sorry but I would not trade everyone's basic human rights to give your accountant a confidence boost.
If you create content that people enjoy, and keep it coming at a reasonable rate, then you have nothing to worry about. Online magazine content has a shelf-life of a few days at best, followed by a few more days syndicated elsewhere.
You hardly need copyright protection for that, let alone 100 years of it. You definitely don't need the power to take parts of the internet offline whenever you feel like it, or the power to smite anyone who dares copy your precious article on their blog (thief!!).
This act needs to be modified to, at minimum, allow a legal defence for such potential occurrences.
This act was, as many have already pointed out, written entirely by a corporate lobby and passed through parliament under the patronage of an unelected politician with a track record of sycophancy to the rich and powerful as part of a term-end process intended for uncontentious legislation, and certainly not for illiberal, idiotic and anti-competitive acts such as this one.
It really has got to go for all the reasons pointed out in the main idea posting.
The main enemy of the struggling artiste isn't "illegal" filesharing, it's anonymity.
And this Act makes our struggle all the harder. Please repeal sections 3 to 18 of this stupid Act.
those who are in favour of it seem to have no concept of what they lose and appear blinded by what they think they gain
whilst there may be some argument in favour of the ridiculous draconian powers it grants the purpose of the wash-up period is not to introduce a bill and make it's entire passage through parliament into law without any meaningful debate after the election has been called with no scrutiny, public debate or media attention, the media appear to be wholly in favour of it with opposition only being found from the people who will need to operate it - it is wrong totally wrong and should be removed immediately - it is the worst corrupt stitch up of our governmental process in living memory
the consequences of this bill are hugely damaging and require all providers of internet access to behave like soviet era informers it is totally incompatible with good governance of the internet
as someone who relies on VPN access to secured systems being available everywhere I go on the internet in the UK I fear that this technology will stop me as how can the internet access provider know what i am doing in this VPN tunnel and I could be using it to infringe copyyright so they risk disconnection, will libraries and other free access points have the budget to monitor every user or will blanket bans be made to a list of approved websites only?
this risks taking everything that is good about the internet and turning it into a battle
given the large media organisations who are apparently in favour of this act i expect fierce and totally hysterical response to opposition to this bill from them but really this bill is wrong and must be replaced with a bill that has an appropriate amount of time to be debated
this is the worst travesty of democracy in our country that i can think of
Especially by Peter Mandelson, especially after having met days before with David Geffen and especially on the Rothchilds' yacht in Corfu.
Go Google it, it's unbelievably true.
The administrative and financial burdens will potentially divert capacity and money away from core business/ service provision at a time when they are already stretched and will potentially have no impact whatsoever. Determined infringers will always find new ways to access what they want...
I know the OFCOM code currently under consultation sets a threshold at 400,000 subscribers and above but the concerned industries are bound to find this is too high, particularly as infringers will of course move to smaller providers to avoid penalties.
The copyright infringement provision of the Act need to be repealed!!!!
Sort this one out ASAP!
The content of the public consultation prior to the enactment was ignored. The digital industry groups against the bill were ignored.
We will not be surprised if Nick Clegg's initiative here to take further feedback will also be ignored. This whole farce is pseudo-democracy, nothing will change.
The Act is not manifestly bad, and would have been even better if the provisions for Ofcom to review the spectrum and the extension to the remit of Channel 4 had survived. However, the provisions of ss.11-18 (at the very least) have to go. They effectively place every subscriber in a position of liability, and puts in place contradictory provisions - on the one hand, it legitimises the pursuit of civil penalties (long held to be unlawful) by suggesting that any action can be appealed through the courts, while at the same time it allows for action to be taken before the stage at which judicial review becomes possible. Most depressingly of all, it allows action to be taken on the back of an unproven allegation, and enjoins providers to actively seek out and keep records of *suspected* infringement and make these records available to anyone that asks.
If we sign up to ACTA, then this act will be right back again, but worse, and with less ability for the British citizen to do anything about it.
Why, having paid the full price for something, and surely therefore own it, shouldn't we be able to let friends/relations borrow it, whether in it's physical form or digital?
The designers of the Internet brilliantly designed it to be free to all and so it should remain. If you want more and more mad profit like Mr.Murdoch, then leave us the right to ignore it and use other sources. How long before he wants an amendment to make us pay for all of it. The content is free and because of that we pay to use it already.
Repeal it, re-write it, debate it properly.
Looking at the screenshot of Parliment that day, there wasn't even many members involved in this --> http://tinyurl.com/yhzbqc2 nor did they know what an IP address was.
Lets make a change.
We all know it is wrong, its just the few people in power (yes the same ones who get their emails handed to them on dead trees) who are being conned. There is too much of the oldboy network at play and it needs doing again properly, without being done by dinosaurs protecting obsolete business models.
This law is essential
Time to start again on this one.
The Bill also makes it harder to justify wi-fi hot spots for businesses, technologically ignorant people will not understand how to secure their wireless networks - thus become liable for what happens on it -, and is going to add extra costs to ISP's for policing it.
Poorly thought out claptrap which seems to cosy up to big business at the expense of the public - the same public which you serve.
Arbitrary assumption of guilt without proof is an unfortunate trademark of the last government and is clearly wrong.
They would never have got past legislation for the compulsory tapping of everyone's phones but they managed with the monitoring of peoples e-mail and internet traffic. What will they do when the masses learn to heavily encrypt everything so they can no longer pry...
Scrap it.
Now comes the acid test.
What are you going to do about it, Nick and when?
just lots of tight-assed thieves wanting to make other peoples work free.
sad...
Also the site cannot cope with the volume of visitors. Rushed out and not thought through, it seems.
If you copy a cd and put it in the post is royal mail liable. No
If you download a cd. Should the isp be liable. No.
If you have a phone line and the police want to listen in it requires a warrent.
If you have an internet connection and send email between people. They simply don't.
There is a telecommunication act requiring warrent for wiretaps etc.. it should be expanded to cover the newer forms of communication.
It will be the innocent that end up receiving these threatening letters. The hard-core pirates will be tech-savvy enough to get round it and encrypt their connections, enabling them to continue downloading.
Worse still, this law will kill off free Wi-Fi in the UK - a massive retrograde step.
I can't see anyone purchasing more music because of this law - just the opposite.
That said we need to stand together and say no to this facist act that takes our freedom's away in this country,
Euro police that can arrest us without trials,i do not write like some of you educated people on here but i do know this its time for all of us to say NO to this Act.
Again i say sorry for my other posts,regards,Norm
As it stands the act is going to stifle innovation and development in the digital space.
It's unpopularity is frighteningly obvious
The copyright enforcement provisions of this Act need to be repealed. The Government should bring forth replacement legislation to promote innovation and creativity, as copyright is supposed to do, rather than stifling it in the interests of large international media corporations.
This isn't about protecting those sharing copyrighted material, it's about protecting innocent users and service providers from wrongful accusation when their resources have been unknowingly used by a third party.
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The fact that much of this traffic is encrypted and impossible for us to inspect seems to have escaped the regulators!
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