Digital Economy Act court challenge fails

[kicknhorse]

A legal challenge to the Digital Economy Act has failed get the controversial legislation overturned.

The judicial review, requested by BT and Talk Talk, rejected claims that Parliament had overstepped its powers with anti-piracy measures.

However, Mr Justice Kenneth Parker upheld one of the objections, relating to who pays for the law's enforcement.

Today's ruling was welcomed by copyright holders who said that it would help reduce illegal file sharing.

The act, which was rushed through Parliament before the 2010 general election, obliges internet service providers (ISPs) to co-operate with rights holders in identifying computer users who may have downloaded music, software or videos illegally.

European law

BT and Talk Talk mounted a legal challenge in the High Court, claiming the legislation violated several European laws on commerce and privacy.

Justice Parker rejected four of the five points put forward by the ISPs but ruled in their favour regarding a piece of associated legislation that makes service providers liable for 25% of the cost of policing their users.

The government will now be forced to re-examine the draft costs sharing order, however it is unlikely that will significantly delay the implementation of the Digital Economy Act.

In a statement, BT expressed its disappointment with the ruling.

"Protecting our customers is our number one priority and we will consider our options once we have fully understood the implications for our customers and businesses.

"This was always about seeking clarity on certain points of law and we have to consider whether this judgment achieves these aims," said a BT spokesperson.

The government said that it was "pleased" with the High Court's decision and that it would set out the next steps for implementing the law shortly.

Severe sanctions

Prior to the Digital Economy Act, content producers, such as record companies and film studios, had argued that the UK needed legislation to help them pursue illegal file sharers.

What they eventually secured was a law that compels ISPs to write to their customers at the rights holders' behest, warning them to cease their behaviour.

If the the customer does not comply, their ISP may eventually be asked to limit the user's internet access or, in extreme cases, make their personal details available so legal action can be taken.

Opponents of the Digital Economy Act claimed that it allowed for severe sanctions against computer users, based on little more than the word of a large corporation.

They pointed out that the act also failed to clearly define a route of appeal for those users targeted.

Rights holders argued that rather than contesting the law, companies like BT and TalkTalk ought to have worked with them to try to iron out these problems.

One such group, the British Phonographic Institute (BPI) which represents record companies, welcomed Wednesday's ruling.

BPI chief executive Geoff Taylor said: "This judgement gives the green light for action to tackle illegal downloading in the UK.

"It confirms that the DEA is proportionate and consistent with European Law.

"Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of Parliament to help reduce the illegal traffic on their networks."

Source: http://www.bbc.co.uk/news/technology-13141986

You suck Geoff Taylor

 

[Law]

Even when they aren't in power the labour government can screw us over.

 

[LunaWofl]

Hahaha, this is terrible.
*sigh* I do ever so love the freedom this will give.

 

[Livin in a box]

Even when they aren't in power the labour government can screw us over.

It's not like the ConDem's are doing any better at...well, anything.

 

[R2DJ]

It's not like the ConDem's are doing any better at...well, anything.

You took the words right out of my mouth.

 

[Deleted User]

Wait, it tl;dr'd me, but the general gist I got was "ISPs are f*%&ing over pirates." Is this true?

 

[FluffyLunamoth]

Wait, it tl;dr'd me, but the general gist I got was "ISPs are f*%&ing over pirates." Is this true?

No, it seems like they're fucking over anyone said corporation does not like.

 

[jerome27]

The entire UK is nothing but a camera filled prison. Pretty soon they're going to come after this place.

 

[Livin in a box]

The entire UK is nothing but a camera filled prison. Pretty soon they're going to come after this place.

Oh please, "terrorism" is nothing more than a government terror device to scare everyone into giving them more money and control the country.

 

[bazamuffin]

Being asked to vote is just like being asked to choose which bloke you want to fuck you up the arse, which is why I don't vote. Fuckin' hate the UK and if I coul afford it and didn't have so many family ties I would consider telling this place to kiss my arse, and fucking off

 

[_Chaz_]

The entire UK is nothing but a camera filled prison. Pretty soon they're going to come after this place.

Oh please, "terrorism" is nothing more than a government terror device to scare everyone into giving them more money and control the country.

...

Terrorism? lolwut?

 

[Livin in a box]

The entire UK is nothing but a camera filled prison. Pretty soon they're going to come after this place.

Oh please, "terrorism" is nothing more than a government terror device to scare everyone into giving them more money and control the country.

...

Terrorism? lolwut?

God knows how he managed to relate it with Internet issues. But nonetheless, I'm pretty sure Virgin tried something like this anyway a few years ago and I don't think they did an awful lot.

And yes, jerome was talking about terrorism anyway.

 

[emigre]

He's refering to how terrosim, has been used as a justification of the erosion of civil liberties in the UK.

 

[bazamuffin]

He's refering to how terrosim, has been used as a justification of the erosion of civil liberties in the UK.

Bin Laden is to terrorism what Colonel Sanders is to KFC

 

[_Chaz_]

He's refering to how terrosim, has been used as a justification of the erosion of civil liberties in the UK.

Bin Laden is to terrorism what Colonel Sanders is to KFC

Terrorism has been around a lot longer than Bin Laden, he certainly didn't found it.

 

[Livin in a box]

As I said before, terrorism is controlled by the gov...

Ah what the heck, it's pointless.

 

[_Chaz_]

Oh, you're a conspiracy theorist.

 

[Livin in a box]

I like sparking discussions. Yes, yes I am, but trying to discuss it fairly with anyone on the Internet is impossible so I tend to not bother.

 

[_Chaz_]

I like sparking discussions. Yes, yes I am, but trying to discuss it fairly with anyone on the Internet is impossible so I tend to not bother.

Sparking discussion in a thread with a predefined discussion.

 

[jerome27]

I hear in London there is one camera for every 5 people.

That's a lot of cameras. I'm never going to London. Its a fucking police state!