Posted by: Matt Mather
Censorship, Digital Economy, File Sharing, News
The two UK ISPs want the High Court to clarify the legality of the act before it’s implemented. Both ISPs (and many others for that matter) believe the act was rushed through in a very “cloak and dagger” fashion just before UK Parliament was dissolved, the period referred to as “wash up”.
Both ISPs believe that the act has not had the scrutiny it needed and should have been debated for longer. They also bring on the question of whether or not the proposals to curb illegal file sharing harm basic right and freedoms protected under EU legislation.
Among its most controversial measures were proposals to disconnect persistent illegal file sharers from the web and give copyright holders the power to block access to websites hosting illegal content. The act at the moment is only enforced on ISPs with more than 400,000 users so rightly so large ISPs are concerned that illegal file sharers will simply move to smaller ISPs in an event to evade disconnection, thus making the act pointless and only harming their businesses.
Whilst at the moment there is no news on what the High Court may or indeed may not do there are MPs in Government, like Nick Clegg, who believe that the act “badly needs to be repealed”. I agree.
In previous posts I have commented on how critics like myself believe that the drivers behind the act are wrong but I think its inevitable that all ISPs will one day be ruled by this or a similar act to one degree or another. I do still believe though that the music industry is seeking to protect its old business models with legislation, rather than finding new ways to distribute music online. If we can iron out those problem with greater debate then whatever we are left with will at least be fair to creative minds and consumers alike.