Feeds

Lords mull Hail Mary penance for file sharers

Peers discuss costs, ambulance chasing

Internet Security Threat Report 2014

Costs and ratchets

One was whether the file sharing detection breached RIPA. The Earl of Erroll thought it might be Phorm-like. Young said it would have to be consistent with RIPA, the Regulation of Investigatory Powers Act, "so anything that would not be possible under those Acts will equally not be possible as a result of the Bill."

There has been lots of discussion by the Lords of copyright shakedowns, with ACS Law sending menacing demands but refusing to allow the accused to go to court. You may recall Davenport Lyons ended the practice in 2008, but ACS continued.

For the Government, Young said he doubted the scale of the problem - nobody had complained - and perhaps even the sincerity of the LibDem Clement Jones in pursuing the case - since Clement Jones hadn't even advised anyone to complain.

The thorny issue of costs hasn't been addressed without being resolved. The government had said that 75 per cent should be borne by the rightsholder and 25 per cent by the ISP, based on costs. It now justifies that figure on rewards rather than costs.

Clement Jones said he was happy with the initial proportion, but noted mobile operators were wary of rightsholders increasing the burden later on. Rightsholders had proposed a 50:50 split.

Damages is another issue. Some infringements are far more costly than others, Lucas pointed out:

"A pre-release film, for example, would cause a very different amount of damage from a number of relatively old music singles."

Lord Howard of Rising was wary of copyright holders clubbing together to form blacklists of suspects who had evaded them. Young warned them that a rightsholder couldn't obtain an alleged infringers identity without going to court. There could be no technical measures before an appeal.

Overall Lucas summed up the criticism of the Bill when he described a ratcheting process: "...a cumulative effect - all kinds of little ways in which Ofcom will not set out to help the consumer and all kinds of little ways in which someone accused under the Bill will find their life made difficult and tiresome, with a great deal of effort and uncertainty imposed on them in dealing with the allegation. Although each little piece of the argument has its own logic, as a whole it paints an uncomfortable picture, which is tilted too far towards the copyright owner rather than the citizen."

Nevertheless, the Lords have dealt with the copyright portions now, and aside from some procedural additions, these remain intact. Two more committee stages are scheduled for the Lords before it lands in the Commons. ®

Security for virtualized datacentres

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Big Content outs piracy hotbeds: São Paulo, Beijing ... TORONTO?
MPAA calls Canadians a bunch of bootlegging movie thieves
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
Lawyers mobilise angry mob against Apple over alleged 2011 Macbook Pro crapness
We suffered 'random bouts of graphical distortion' - fanbois
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.
Protecting users from Firesheep and other Sidejacking attacks with SSL
Discussing the vulnerabilities inherent in Wi-Fi networks, and how using TLS/SSL for your entire site will assure security.