Why the DE Act is not in breach of EU law?

I have finally finished my summary of the Judicial Review of the Digital Economy Act. [here]. I have posted it on this blog backdated it to 21st April 2010, since that is the day after the judgement was delivered, and close to when I started it.  It’s a hard read, and I am not sure my summary is much easier. It’s clearly taken a long time to read the judgement and write my review in hours taken and from when I started, for that I apologise. It doesn’t mean it’s not worth reading.

The ruling states that,

  1. the DE Act is not a technical regulation and thus does not need to be notified to the EU Commission as part of the legislative process, although the subsidiary Ofcom regulations will.
  2. the DE Act does not conflict with the EU’s E-Commerce Directive because the ‘mere conduit’ defence is not absolute, it does not require ‘general monitoring’, and copyright protection measures are excluded from the domain of the ECD.
  3. the DE Act does not conflict with the EU or UK Privacy and Data Protection laws because copyright enforcement measures are permitted processing measures under the Law.
  4. the DE Act does not conflict with the EU’s Authorisation Directive since the AD does not prohibit amendment or supplementary regulation, however it does invalidate some aspects of the proposed cost sharing order.
  5. the claimants fail to prove that the DE Act and its parliamentary passage was sufficiently disproportionate to warrant being struck down i.e. that intellectual property rights are balanced against the rights of ISSPs and citizens by Parliament.

The ruling made no comments on the proportionality of any “Technical Measures” since they have not been drafted, agreed or promulgated.

The court made no comment on whether a law requiring “careful balance” on the issues of “fundamental rights” should be passed using the unprecedented accelerated procedures of House of Commons’ Wash-up. This process meant that the possibly 100’s of hours of review time spent by elected politicians was avoided. (The Commons spent under 10 hours considering the Bill.)

Judge Parker refused the claimants the right to appeal, but this has now been granted on all grounds except that the DE Act breaches the E-Commerce Directive by imposing a duty of general monitoring.  This was reported by the Guardian [here] and Linx [here]. …

Sabam vs Scarlet, the People vs. Copyright

The European Court rules to balance the rights of copyright holders against citizenship rights. Finally some sense from the courts. The SABAM vs Scarlet case from Belgium has finally reached the end of the road. The European Court of Justice has ruled that EU Law prohibits national courts from forcing Internet Service Providers (ISPs) to filter and block all users, including alleged and proven copyright infringers. …

Some thoughts on censorship and the internet

Earlier this week, the MPAA and BT returned to court to agree subsiduary terms around the court injunction that BT is to use its Cleanfeed technology to block the newsbin2 web site. In considering the events in court and the judgement, I found an article I had written but not posted about the case and the politics, including the governments announcement to back the Hargreaves Review and Ofcom’s reticence in pursuing the use of the Digitial Economy Act’s web site blocking powers.

I have now published the article, called Censoring the Internet as at the 7th August, which is roughly when I finished it. …

Of compromise agreements, and the spreading of manure

Coulson, the former Director of Information for the Conservative Party and Govt. Press Supremo, and currently under arrest, has been spreading it like manure again. It seems he left News International under a ‘Compromise Agreement‘ and continued to receive payments from his previous employer while serving as a senior employee of the Conservative Party. It has been suggested that these payments are a de-facto and thus undeclared donation to the Conservative Party. If true, this would be against the law. …

Music Copyright, Qui Bono?

The Register today comments on whether Vivendi might buy EMI. They don’t seem that interested but they point at a story that EMI had passed into the hands of Citigroup, which I had missed. They are no longer a public company and certainly not in the FTSE any more.

This is important, since according to Wikipedia’s Music Industry page, albeit in 2005, EMI sold ~13% of the world’s traded music.(The market is dominated (72%) by four companies, the other three of which are Universal, owned by Vivendi, a French company, Sony, ultimately a Japanese company and Warner Music, a US based company.)

World music sales, 2005. Source: Wikipedia.

They were the only UK company in this list. (I think we can see where I am going with this). The world’s law makers are passing laws, such as the UK’s Digital Economy Act against the interests of their voters, and in the interests of four companies. In the case of the UK lawmakers, none of these companies are now UK quoted. Just whose jobs and prosperity are they protecting?

Why are we doing this again?

Wikipedia also has a page called Global Music Market Share, which might shed some light on today’s numbers. …

Censoring the Internet

In August, earlier this month, Vince Cable announced the Government’s response to the Hargreaves Review aka the Google review into intellectual property law. Some of the UK’s IT companies, including Google together with many economists, strongly believe that the current intellectual property laws in the UK inhibit innovation and growth and persuaded Cameron to launch a review into the intellectual property laws. The review was chaired and directed by Professor Hargreaves and it published its report “Digital Opportunity, A review of intellectual property and growth” earlier in the year. This article looks at the Hargreaves Review’s recommendations and reactions to the report and comments on Cable’s speech which de-committed the Government from pursuing the web bocking clauses of the Digital Economy Act. …

Judicial Review of the Digital Economy Act

BT & Talk Talk, the two largest UK internet Service Providers (ISP) went to court towards the end of 2010 and the beginning of 2011 to obtain a judicial review of the Digital Economy Act, a law passed in the dying days of the last Labour Government. This law is designed to place duties on internet service providers to act on the instruction and on behalf of copyright holders and to authorise Web site blocking. On the 20th April, Mr. Justice Parker delivered his judgement.

This article is a personal summary of that ruling. The judgement is awfully hard to read and understand. I have an economics degree and nine years of Civil Service training! Actual quotes should be obvious, other representations are in my words, not those of the judgement. In some places I have got lost in the text of the judgement and while my summary is much shorter than the original, it remains pretty long. The impatient or easily satisfied can skip straight to the summary. …

How not to extradite…

Britian in EuropeSo earlier today, UK Human Rights blog reported that the UK courts stated that Sweden’s application for the extradition of Julian Assange was valid and that he should be returned in custody to Sweden. I thought and hoped the case would hinge upon the fact that the Swedish prosecutors had not charged Assange and as such the UK would reject the extradition. The European Arrest Warrant should not be allowed, and I understood wasn’t permitted unless there is a case to answer in court. It seemed to me that it had been issued by the Prosecutor’s office in order to “help them with their inquiries”.

The UK’s ancient “Habeas Corpus” rights today ensure that people can only be held for a very short period of time before being charged, unless the courts permit longer due to terrorism concerns, the result of a shameful piece of legislation by the last Government.

I am not sure we should extradite anyone to permit questioning, i.e. we shouldn’t allow foreign police to go trawling for evidence in a way that we deny our own police.

So advice to Mark Stephens, “Stop fannying around about fitness for office, look at the case; are they ready to prosecute or not?”

I am afraid if they are, games up! …

A week’s a long time in politics

The Bill becomes an Act

Just over a week ago, the Digital Economy Bill got its 3rd reading, and according to “Computing” got its Royal Assent  on the 9th April. I watched the 2nd & 3rd reading debates on parliament.tv with Tweetdeck open. Others have commented on how helpful having crowd sourced commentary was, which I have to agree with and also how disappointed they were that most MPs weren’t in the chamber to hear the debate. Twitter certainly enhanced my understanding and enjoyment of the debates, which were rather spoiled at the end by the tiny vote in favour of the Lib Dem amendment and then against the 3rd reading. On the good side, I have been pleased to ‘meet’  some new twitter correspondents, however I had to turn it off at work for the rest of the week. Unlike contracted musicians with royalty based earnings, if I don’t work, I don’t get paid and I found it too distracting. …