I have just posted on the new Digital Economy Bill and it leaves me with two questions and final thought.
Since the law talks about risk of loss, can we argue that content over 14 years has no value as argued in “Forever minus a day!”, and that there is thus no risk of loss. Since the crime or culpable act is “making available”, and it’s recognised that a hyperlink does not “make available”, only the target publisher does that, surely non seeding bittorrent users are also not “making available” and neither is streaming consumption.
I considered putting a link to this register story, about automated justice but felt that the story I told, didn’t need the help, although it is relevant as their looking to make prosecution cheaper at the expense of fair.