The Inquirer-Home

Draft code for Digital Economy Act is out

Ofcom issues guidance on copyright enforcement
Fri May 28 2010, 15:13

UK TELECOMS REGULATOR Ofcom has published its draft code of practice for reducing copyright infringement.

The code relates to the Digital Economy Act, once a political hot potato and now apparently the government's meat and potatos. Ofcom said that its code implements legislative measures designed to reduce copyright infringement over the Internet, adding that it expects its full code to be out no less that eight months after the Act comes into force. Therefore, it is aiming to publish its final version of the code in early 2011.

The code covers the circumstances in which Internet service providers (ISPs) will be expected to send out notification letters to their subscribers, and Ofcom said that it hopes to "apply the obligations" in the most proportionate way.

As expected the rules will initially apply only to large ISPs that serve more than 400,000 subscribers, which means that only the big seven - BT, Talk Talk, Virgin Media, Sky, Orange, O2 and the Post Office will be forced to comply with the rules. Ofcom estimates that these firms provide Internet access to more than 96 per cent of the UK market. However, Ofcom said that it expects to review the situation, adding that the code may be extended, if appropriate. By that we think it means when these 96 per cent of Internet users wise up and go elsewhere.

Before an ISP can send out an enforcement letter, it must first record the number of warnings it has given individual users, and "maintain an anonymised list of alleged serial copyright infringers". Ofcom said that access to this list could be requested by copyright holders, who can then use any information to take legal action against individuals, after a court order has been issued to identify them.

Ofcom has stuck with the three-strikes proposal, and any Internet subscriber that hits this target will be included in any lists requested by copyright holders.

Since this is the most unjust thing we have ever heard of we are pleased to let you know that there is an appeals process. This is expected to be independent, but then so is the government, and if we believe all we read, the bloody Digital Economy Act is the brainchild of the music and film industry cartels anyway. µ

 

Share this:

Comments
More untenable Laws from the’ UK Law Makers’

More untenable Laws from the’ UK Law Makers’ with the sole purpose it seems to criminalize everyone for the sake of collecting additional revenue streams.This maybe seen as a means of supplementing lost revenues from an ever-increasing Bankrupt proven incompetent Government.

Any private home or business could have someone download Copyright material illegally without the owner’s knowledge or consent. This ‘Daft Draft’ proposal yet again proves no one in Government seems to understand the basic rudimentary elements of the Internet.

If anyone should complain as to 'Copyright Infringement' it should perhaps be me. As after releasing the Formula for 'Worlds First Communications Platforms High Capacity Super Controller' under strictly controlled contracts to BT in 1995 I am informed it is allegedly being used under the name of A.N.P.D.S. in breach of agreements in the MoD. Link to proof document here: http://tinyurl.com/ycsgu49

Signed Carl Barron Chairman of agpcuk
http://carl-agpcuk.livejournal.com/
http://www.dorsetvisualguide.co.uk/

posted by : Carl Barron, 02 June 2010 Complain about this comment
@joe

creative people should be allowed to make money off their own original creations - as long as is is not overhyped crap (which is what 99.9999999% of hollywood products are)
the issue here is the 'creative people' have influenced the government (via mandelson) using favours and hospitality to create an excessive draconian law that is judge jury and executioner which will not take into account any mitigating circumstances (like wlan hacking)

posted by : peter wheat, 01 June 2010 Complain about this comment
@Tom

what a bloody good idea!
I will do exactly that

posted by : peter wheat, 01 June 2010 Complain about this comment
Isp ?

ISP = Internet Service Police ???

Tom said it correctly Stop buying movies and music, and watch em die.

posted by : Habitual Offenser, 01 June 2010 Complain about this comment
The answer is simple

Stop buying stuff these companies distribute and watch them die. I can't wait for the world to be rid of them.

posted by : Tom, 31 May 2010 Complain about this comment
Big brother

It s not about Copyrights (although the shareholders will be more satisfied than the starving artists), it is about controling internet and recording who does or says what. This is a first step for internet control in our so called democracies. The same laws will be applied in every single country of the new world order.

posted by : dodo, 30 May 2010 Complain about this comment
So someone will now invent a P2P app that looks like youtube?

I expect someone will simply invent a p2p app that looks like youtube or BBC iplayer, hide the data in a stream that looks like what millions of people are doing.

That data is in chunks of 10-20mb files, with HD content they can be bigger. Easy to break up songs/movies/software etc to look like someone watching shows.

I expect it's easy to make a download appear as any sort of content.

This is going to appeal to bright students as a cool project.

People should be paid for the work that they do, but the work that we buy should be of a high standard and of a fair value.

If someone like Sony has the global rights for a movie then they can set whatever price they want for that movie. That sounds like a cartel to me. I don't think there should be a "world wide right" unless that price point is at or below market average for non-global licences.

Sony have control of so much of the movies and songs that they set the prices. Sony have been fined huge amounts in Europe for fixing prices. They should have their global licence stripped from them.

In fact any distribution company that has been convicted of price fixing should also have it's "licence to sell media" revoked. We need to create such a licence.

Also, if a company seeks to exploit voters by creating non-competitive technologies then they should also face penalties. A fair example is Sony's lame and unreliable Memorystick data card. Sony should have had that product pulled and had to pay a fine and compensation to anyone who bought one.

Memorysticks were overpriced SD Cards, no need for them. Sony has often done this.

The distribution needs to work both ways. It's not justice for the companies to exploit the voters.

posted by : interested_party, 30 May 2010 Complain about this comment
Daft Draft

I can't believe that creative people are going to be allowed to make money off their own original creations. How can that be fair to your readers?

posted by : Joe, 30 May 2010 Complain about this comment
to the ^^ poster...

Good to see people are opening there eyes a little :)

posted by : ian, 29 May 2010 Complain about this comment
Only in Backwards-Upsidedown Land

Only in Backwards-Upsidedown Land could the thievery that is government granted monopoly - aka copyright and patent law - be used to justify human persecution on a grand scale. Yes, that would be the same copyright and patent law that was created for the express purpose of royalty extracting money from the populace without having to resort to the obvious and shameful thievery of raising extortion rates (aka taxes).

When will tyranny end? When will madness end? When you want to, when you rise up and demand it to end. When you refuse to legitimize the regime and refuse to support its stooge-oppressors, who are nothing more than tools in a toolbox inside of a toolshed.

Educate thyself and be free:

That Which is Seen, and That Which is Not Seen

http://bastiat.org/en/twisatwins.html

The Law

http://bastiat.org/en/the_law.html

The Mystery of Banking

http://mises.org/Books/mysteryofbanking.pdf

Tyrants, Torturers, and Taxmen: Pillars of 'Civilization'

http://www.lewrockwell.com/grigg/grigg-w132.html

Remember ladies and gentlement: it ends when you want it to end.

posted by : Bastiat's Ghost, 29 May 2010 Complain about this comment
Equality

So will there be a 3 strikes for media companies, where if they have found to falsified or not provided proper evidence they get on a list of people not able to get info or help.

To my mind this has to balanced and as has been shown in the past the accuracy of evidence has been poor to vague quite often, so will there be some sort of sanctions against those bringing the case, if they keep providing poor evidence that does not stand up.

I remember one magazine getting a letter for downloading illegal files from a network printer they had running.

posted by : Mattg, 29 May 2010 Complain about this comment
totting up....

So if you get a warning then how long does that stay in place?

Surely it should expire after a certain time like points on a driving licence do?

Or is it a life sentence...that will probably be the case the media cartels try to make out piracy is as serious as murder.

posted by : tecie, 28 May 2010 Complain about this comment
Central list?

So is some agency going to keep a central list of all strikes and pass that between ISPs? Unless I'm missing something after two warnings couldn't you just migrate to another ISP and in effect go back to square one?

posted by : Absent, 28 May 2010 Complain about this comment
Good luck!

I hope you blokes stick it to the man this time!

...If not, just let us know in the real world what kind of media you want sent over and who to send it to, and we'll start mailing hard drives filled with drivel your way.

Viva la sneakernet!

posted by : Steve-O, 28 May 2010 Complain about this comment
Hang on...

So when you get three strike you not only loose your internet connection, but *also* get your details put onto a list for the RIAA et al?

Oh how nice... We're gonna cut you off, and take your money.

posted by : Steve, 28 May 2010 Complain about this comment
aboutus
Advertisement
Subscribe to INQ newsletters
Advertisement
INQ Poll

Facebook starts selling shares

Will you buy Facebook shares?