Feeds

BT, TalkTalk lose final appeal against Digital Economy Act

An expensive verdict for telcos

The Essential Guide to IT Transformation

Updated BT and TalkTalk today lost their final appeal against the UK government's measures to stamp out illegal file-sharing online.

The telcos want certain sections of the Digital Economy Act repealed, and took their fight to Blighty's Court of Appeal after most of their arguments were tossed out by a High Court judge in April last year. The DEA requires ISPs to warn file sharers that they are suspected of infringing copyright if a rights holder complains.

However, this morning a trio of judges sitting in London dismissed the telcos' appeal.

Lady Justice Arden, Lord Justice Richards and Lord Justice Patten all ruled against BT and TalkTalk's arguments and upheld the High Court's earlier judgment on all grounds other than on the matter of costs.

"I would dismiss the appeal, save in relation to the issue of 'case fees'," said Lord Justice Richards.

"We’re disappointed that our appeal was unsuccessful though we welcome the additional legal clarity that has been provided for all parties," TalkTalk told The Register.

"We are reviewing this long and complex judgement and considering our options. Though we have lost this appeal we will continue fighting to defend our customers’ rights against this ill-judged legislation," the telco added.

A BT spokesman said: "We have been seeking clarification from the courts that the DEA is consistent with European law, and legally robust in the UK, so that everyone can be confident in how it is implemented. Now that the court has made its decision, we will look at the judgment carefully to understand its implications and consider our next steps."

The judgment can be read here [PDF]. ®

Build a business case: developing custom apps

More from The Register

next story
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
'Blow it up': Plods pop round for chat with Commonwealth Games tweeter
You'd better not be talking about the council's housing plans
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
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.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.