The Digital Economy Act is a massive insult to our civil liberties and should be repealed in its entirety, subject to the less objectionable clauses being redrafted and discussed democratically in the Houses of Parliament to pave the way for a proper digital economy which does not punish innocent people.
Why the contribution is important
The Digital Economy Act (DEA) is an insult to the population of the UK. It was rushed through at the tail-end of the last Parliament in an undemocratic manner, and it allows the owners of copyrighted content such as music and film (rights holders) to demand that an Internet Service Provider (ISP) cut someone's Internet connection if they suspect that they have downloaded copyrighted content. Rights holders only need to prove that the wrongdoing occurred using the Internet connection they wish to be cut, not that the persons affected are guilty. This leaves account holders responsible for the actions of anyone using their connection, whether legitimately or by piggybacking without permission. In this digital age, an Internet connection is essential for simple tasks like banking, paying bills and jobhunting, and as a result, taking away a connection used by several people as punishment for the actions of an individual who may not even be known to them is fundamentally wrong.
Simply put, the Act imposes disproportionate, collective punishment, does not follow the principle of innocent until proven guilty and contravenes the Magna Carta, which in 1215 stated that, as a basic human right, no person may be punished without a fair trial.
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Current tags
Ill-informed, misguided, unworkable.
Thanks both of you for your support.
How Parliament signed away it's powers to define what was legal and place it in the hands of one man (the Secretary of State for Business)and who never had to justify any such changes to Parliament beggars belief.
But that is what they did!
This suggestion refers to the Act, rather than the Bill, and goes specifically into *why* the DEA is a bad thing and why it must be repealed, instead of merely stating that it should be, and also adds the request for the less objectionable parts of the Act to be rewritten and passed again, democratically this time.
I have also contributing to another suggestion, which I belueve will be put forward by the Open Rights Group.
Please note that the more suggestions there are asking the Government to repeal the Act, the more obvious it is that people hate it, so having more suggestions on the same topic is a good thing.
It causes legal conflicts within itself and produces no discernible progress for any party other than criminalisation of yet another set of individuals.
Firstly, the arguments made by the vested interests that lobbied for the Digital Economy Bill contain a number of logical fallacies, the most obvious of which is the way in which they calculate their 'losses' to piracy. Every download does not equal a lost sale, regardless of what they say. It is simply untrue to assume this. Secondly, that piracy harms future art is also highly debatable: In many ways music and film culture has never been richer than it is now, and live music is thriving. The truth, is that powerful rights holders are not as necessary as they used to be, nor making as much money as they think is possible, but this does not mean art and culture are suffering as a consequence.
My second point is a more technical one. There has been no explaination, that I am aware of, of how the detection of copyright infringers will occur. Without accurate inspection of data transfers, false positives will invariably arise. For example, how can my ISP ascertain whether my fast download was legitimate or not? They would have to either monitor my traffic in detail, or else just assume that a large download means piracy. Neither solution is acceptable,in the latter case there is the probability of the punishment of users based on flimsy evidence, in the latter case a gross invasion of privacy must occur to ensure an accusation is correct. I don't want anyone listening to my phonecalls, likewise I do not want a 3rd party monitoring my internet useage. Individuals deserve the right to a modicum of privacy, and I do not agree with compromising that based on the flimsy logic of large rights holders, rushed through parliment without proper debate.
Finally, the potential for the Digital Economy Act to be used to suppress free speech cannot be underestimated. Blocking access to websites based on accusations from rights holders is simply not acceptable. For example, much of the material on Wikileaks is copyrighted, and therefore the site could be blocked under the new legislation. Ministers promised this won't happen. However, ministers have promised many things and not delivered, and it is my understanding that if there is a power that can be abused or misused, it invariably will be.
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.
Please leave filesharers alone by repealing sections 3 to 18, we need their help to spread the word of our existence. They do so for no cash, no profit and no exchange of goods and we thank them for doing so.
This sort of control actually will hinder innovation and freedom of speech. This act will only be the start of things and we know that Governments will use this law to filter anything from the internet that they dont like.
This is a law that needs repealing as soon as possible.
A recipe for bad law which we are now stuck with. a law that is in conflict with natural justice!
Never before have the views of a few, mainly american, firms in one industry been listened to so readily to protect their outmoded revenue model and criminalised an entire society.
This will put the kybosh on the technologically creative industry that the uk is good at - one of the few hopes to actually make money in the uk economy in the future.
My father’s Wi-Fi was cracked and an unknown and was using his wi-fi, but if the Hollywood Lawyers had come a calling he would have been a fault.
This bill has been made just to make Hollywood and the music industry more money.
This is a disgrace that this legislation was rushed through in the 'wash up' without being properly debated in the House. Many MPs who had only the faintest grasp of the technology involved voted for it without properly understanding what they were voting for.
To my mind this is another example of a lazy audio and video industry using Government to do their dirty work for them and also saving them money.
The industry has the resources to protect their property but such moves would probably compromise their marketing using 'free' files to entice us into online purchases.
Many musicians do not mind having their music downloaded for free (Billy Bragg for one), so if someone is caught doing so and has their Broadband suspended, is it a defence if the artist concerned says its OK to do so?
Or is this Bill only protecting the companies who make a fortune out of their signed artists already?
The Bill also changes the premise of British Law (innocent until proved guilty) by stating that the Internet account holder user has to prove they DID NOT download material instead of the complainant providing evidence that they did. A nasty and worrying change to an important principle.
Multiple users in a household is an obvious problem here, as are hotels, pubs, etc. with open public Wi-Fi access. I wait for a major hotel to be prosecuted! Any judge worth his salt would through the prosecution out immediately.
This Bill needs to be scrapped as a matter of urgency.
As with the above poster, this Bill needs to be repealed, thrown to the docks, and nobody speak of it again.
By default, all laws should be innocent until proven guilty, and IP address is not enough information, and should also be struck out as a means to identify file sharers.
The music and movie industries aren't special and should not be entitled to special treatment in law. They should be treated like a normal company or organisation, just like any other company or organisation.
Wulrus:
got some news for you. Computers dont work that way. The problem with how computer communicate is impossible to identify what things have been downloaded and by who. I work as a developer other developer type people come and go from my house with laptops. If one of them come to my house and they access the internet though me. It is impossible for me to tell what content they are download without snooping on their data (this should require a warrent). However it will be identified that it came from my connection. Should I be liable for this because I provided transport for the data?
If so then royal mail should also be liable for transport for a copied cd. Its a good comparision because its the same operation you are actually doing. Opening every letter and looking inside to check the content's event the ones which my include private data.
Last time I check this is indeed an invasion of privacy.
The solution that the pirates use is simple. Encrypt everything and relay it though a node in another country.
There are point an click programs already available on the internet to do this and they cost around 10-20 euro's a month. Fort he data bandwidth that is used.
Again these have a valid use and are hard to detect. Companies typically use the same systems to link office's together instead of using costly leased lines.
This should be scrapped. It does not matter what the law says in regards to this. there is no way todo it without punishing the innocent people using a guilty until proven innocent system.
Anybody who knows anything about computers (especially those who d/l in order to make copies & profit from it, surely the main targets) will not be caught as they know about VPN's, proxys and tracker-less torrents (and that's if they aren't just using news groups.)
On another level, the whole bill seems to me to be in breach of the Human Rights Act and the European Act, the right to privacy and the right to a fair trial. Do we really want to see the UK govt found in breach AGAIN?? After spending millions of pounds on trying to defend the in-defensible?
Repeal this bill straight away, it is un-democratic, probably illegal and certainly wont work. I give it 0/10.
The Digital Economy Act is highly unlikely to achieve this. It may cause a slight reduction in the ease of file sharing, which may make it slightly less convenient to use and deter a few percent of the people who might occasionally use it, but it will do so at a cost of making completely innocent people liable for others' copyright infringements. Example: I live in a house with several friends, at least one of whom is a regular file sharer. The phone line is in my name. Under DEA, if my housemate is caught sharing a file without permission, then *I* can be sued for the damages to the file's copyright owner, and *my* Internet connection can be cut off. I would have no redress against the housemate, as I have no legal rights in this situation.
Illegal file sharing is not going to be successfully combated by law - what we really need is shorter copyright periods in the digital age. The law does not shape society, society shapes the law - a lesson we frequently learn but too easily forget.
Illegal file sharing is not going to be successfully combated by law - what we really need is shorter copyright periods in the digital age. The law does not shape society, society shapes the law - a lesson we frequently learn but too easily forget.
Extract :
XXIX. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
i.e. the right of due process, or innocent until PROVEN guilty, not assumed...
Disgraceful Act.
Another reason I am so glad to see the back of the tyrannical bullying lying labour government. At least Mandelson’s book is cheering those ex pm’s up.
This act definitely needs repealing.
Movie company profits are huge, as are those of music companies. These same organisations bleeted on about tape-to-tape killing music all those years ago. You only have to listen to radio6 music for an hour to realise that the music scene in this country is more vibrant and alive than it has ever been.
The act is ridiculously unworkable, modern file encryption and anonymising networks make a complete mockery of it.
Get rid of it, it's sinister,oppressive and downright stupid.
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