Feeds

Record labels seek DMCA-style UK takedowns

Shoot first, check later

Designing a Defense for Mobile Applications

Exclusive Record label trade association the BPI wants sweeping changes to UK online copyright practice in 11th hour amendments to the Digital Britain bill.

The amendments would grant copyright holders injunctions against websites and service providers similar to the US DMCA act - but with no 'safe harbour' provision to verify whether the claim is merited, according to documents seen by The Register.

The BPI amendments would introduce an entirely new Section 97B of the 1988 Copyright Design and Patent Act, and would be granted when an ISP had refused to take down infringing material. The Secretary of State would have the ability to review and amend the provision "by allowing the injunctive relief available to the Court to evolve and to keep pace with technology".

As it stands in draft form, the Digital Britain bill would compel rightsholders to identify and notify infringers, in a "graduated" response, ultimately ending in temporary suspension of Internet access. The revised Section 97B, if passed, would dramatically switch the burden from rights holder to publisher.

The BPI believes it is analogous to defamation injunctions, where publication and distribution of an entire work can be halted because of an offending passage.

"Any concerns regarding Article 6 of the European Convention on Human Rights (the right to a fair hearing) are dealt with by the fact that the service provider would be a full and active party in the proceedings," the BPI writes, somewhat hopefully.

In a statement, the BPI told us:

“Clause 17 is an essential component of the Bill since it provides a mechanism to deal with the increasing threat of illegal downloading from non-P2P sources and other future threats. In light of the ongoing debate on the current draft of Clause 17, we thought it prudent to propose possible alternative approaches, including a straw-man s.97B. However, Clause 17 remains our favoured approach to address forms of online infringement other than P2P filesharing.”

The amendment game

With the Lords due to debate the Digital Britain Bill today, the ISP trade association ISPA and major labels are both lobbying hard, tabling dozens of amendments.

One by Conservative peer Lord Lucas would put search engines above the law, making them immune to any copyright claims at all. According to Paid Content, Google would be free to store and distribute anything it wanted, selectively abolishing copyright.

Interestingly the BPI justifies the new Clause 17 on the basis that the current draft "does not command support of the main opposition parties."

ISPA declined to provide a comment.

Using blade systems to cut costs and sharpen efficiencies

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple ran off to IBM
But never fear fanbois, you're still lapping up iPhones, Macs
Nadella: Apps must run on ALL WINDOWS – PCs, slabs and mobes
Phone egg, meet desktop chicken - your mother
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
White? Male? You work in tech? Let us guess ... Twitter? We KNEW it!
Grim diversity numbers dumped alongside Facebook earnings
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.