Member Article

Controversy over Digital Economy Act appeal

BT and TalkTalk have lost their appeal for a judicial review of the Digital Economy Act measures to tackle copyright infringement online.

The Federation Against Software Theft has welcomed the news, which represents a step forward in stakeholders taking on board some responsibility in the fight against piracy.

Julian Heathcoate Hobbins of the general counsel at FAST, said: “The ISPs originally challenged the Act on the grounds of ‘basic rights and freedoms’ and that the legislation did not receive sufficient scrutiny in the wash-up period before the General Election.

“A review then led in turn to rights holders being blocked from using the anti piracy provisions of the DEA.

“We must not erode the perception of value in digital product to where all online product is considered ‘free’.

“Under the terms of the Digital Economy Act all ISPs will now have to get ready to send warning letters to alleged illegal file downloaders, and to keep lists of repeat infringers which can be requested under established legal procedures. OFCOM will publish the Code on the practical application.

“As a matter of principle, this is a tremendous step forward and one that puts the provisions of the Digital Economy Act beyond this dog fight, dispelling legal confusion moving forward.”

However, Loz Kaye, leader of Pirate Party UK said: “This decision brings the draconian Digital Economy Act another step closer. The coalition government must be clear now once and for all on whether it supports this anti-Internet piece of legislation.

“No one has proved that the Act will help the creative industries financially, that is just lobbyists’ spin. A recent study on a similar system in France suggests that there is no benefit at all for music sales.

“Threats to chuck entire households off the web will be bad for the economy, bad for society - and bad for us as a creative nation too.”

This was posted in Bdaily's Members' News section by Tom Keighley .