Feeds

LibDems back copyright takedowns

Last minute amendment spooks ISPs

Combat fraud and increase customer satisfaction

Mandybill Two LibDem peers have tabled an amendment allowing the Courts to grant injunctions against ISPs - blocking off sections of the internet found to host infringing material. It's similar to the DMCA-style proposal punted by the BPI in the new year, which we exclusively revealed.

Injunctions are already a legal tool against infringement, but the LibDem Lord gives them a new scope and spin.

Lords Razzall and Clement Jones (not Howard, the Conservative culture shadow, as previously stated) have put forward an entirely new Section 17 of the Copyright Act, the controversial section giving the Minister infinitely extendable powers. The revised section 17 gives the High Court:

power to grant an injunction against a service provider, requiring it to prevent access to online locations specified in the order of the Court for the prevention of online copyright infringement.

The Court must consider a number of issues, including whether the operator "has taken reasonable steps" to prevent infringement or remove the infringing material, balanced by "the extent to which the copyright owner has made reasonable efforts to facilitate legal access to content".

That's a well-intentioned but potentially fraught piece of 'balancing'. If proprietary source code (which is covered by copyright) is found on the internet, does the party seeking the injunction then have to give it away?

You can see the proposal in full here, in the form in which it will be discussed this afternoon (look for 120A).

An ISPA spokesperson told us, "We don't think it's a good idea to introduce a fairly wide ranging amendment at such a late stage, given that it wasn't something that parties were consulted on in the first place."

ISPA pointed out that courts could already order shutdowns:

"Courts already have the power t o do what the amendment proposes and therefore all that this amendment actually does is reduce due process. Under the proposed amendment, unless an ISP is willing to take the risk of incurring significant costs by not acting upon an initial notice - the accuracy and validity of which might not be clear - then the decision about whether to block access would be taken away from the court."

Music business sources told us the intention was never to introduce "DMCA-style takedowns", but modernise the courts' existing powers. In any event, we were told, Mandelson's original (flexible) Section 17 was the preferred route.

Consumer opposition to the Bill had all died out, even before the Government's concessions last week. One campaigner revved up for action turned up for the Open Rights Group's weekly London campaign meeting, only to discover he was the only person there.

Then again, it might be over in the time it takes a cup of tea to get cold. The Lords Report stage continues this afternoon. ®

SANS - Survey on application security programs

More from The Register

next story
EU: Let's cost financial traders $400m a day, because EVIL BANKERS. Right?
Wait 'til this one hits your pension fund where it hurts
Systems meltdown plunges US immigration courts into pen-and-paper stone age
Massive outage could last four weeks, sources claim
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
UK.gov chucks £28m at F1 tech for buses and diggers plan
Well, not really F1 but who's heard of LMP and VLN*?
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.