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BT and TalkTalk seeking judicial review of Digital Economy Act
Thursday 08 July 2010 07:02:00 by Sebastien Lahtinen

The BBC is reporting this morning that BT and TalkTalk are seeking a judicial review of the Digital Economy Act. This controversial piece of legislation was passed in the last few minutes of the previous parliament during the 'wash-up', leading many to argue that it is simply 'bad law'.

Ofcom has been consulting on the Draft Initial Obligation Code that will govern how service providers receive and process Copyright Infringement Notices from rights holders.

TalkTalk argue that by restricting the code to service providers with over 400,000 customers, they are putting those larger providers 'at a business disadvantage. There are also concerns that the legislation may conflict with the EU e-commerce directive which regards ISPs as 'mere conduits', meaning they should not be held responsible for the content that passes through their network.

The government has indicated its intention not to repeal the Digital Economy Act and believes it is 'consistent' with EU legislation as sufficient safeguards are in place to protect both consumers and ISPs.

More detail on BBC News.

Comments

Posted by cyberdoyle over 4 years ago
government dinosaurs in a dream world if they think this act is sound. It is a total farce from start to finish and wants scrapping and doing properly by a team that know what they are doing and aren't in the pocket of the music industry. Times they are a changin, and time won't wait for them to catch up.
Posted by GMAN99 over 4 years ago
Hopefully this is something Carpetburn will be pleased about coming from BT :)
Posted by tommy45 over 4 years ago
Well i still remember those TV debates prior to the last election, and in particular what nick clegg promised would happen, and now they are reneging on it like the repealing of this bill
put together by that idiot mongrelscum and a few others, at no point should they be able to block any web page on copyright infringement issues as per clause 18, as for these 2 isp's all they are bothered about is the costs involved sending out letters,
Posted by TaRkADaHl over 4 years ago
Quite rich really... BT state that they are doing this becuase of 'privacy implications'....


Phorm anyone?
Posted by tommy45 over 4 years ago
Plus they both will throttle the hell out of their customers who try using p2p most of the time
Posted by otester over 4 years ago
TT removed traffic shaping from their LLU product.
Posted by CARPETBURN over 4 years ago
quote"Hopefully this is something Carpetburn will be pleased about coming from BT :)"

Thats if they are indeed against it..... If you read the BBC story it seems only someone from Talktalk commented. TalkTalk, even though i would never touch them are the only ones that have spoke out against this act from the start. (CONT).
Posted by CARPETBURN over 4 years ago
I imagine BT are now seeking clarification not for the benefit of the customer, but to find out how many they can disconnect. Who BT would say are detrimental to their network with their heavy P2P data habbits. Wouldnt be the first time they have tried to get rid of so called heavy users to hopefully spring clean their snail pace service. Of course i may be wrong, buit when was the last time BT gave a damn about whats fair and right or customers?
Posted by GMAN99 over 4 years ago
They are against it:- http://www.btplc.com/News/Articles/Showarticle.cfm?ArticleID=98284B3F-B538-4A54-A44F-6B496AF1F11F
Posted by CARPETBURN over 4 years ago
Sounds to me BT are against it more because it may hurt their pocket when they lose subs. Big company having to cut off customers not good for the pocket ;) Dont get me wrong TalkTalk are probably thinking the same, but its clear as they have spoke up from the start they are more concerned about customers. Why didnt BT speak up like TalkTalk when the DEA was being forced through? Could it be since they have had someone look at financial projections if they lose xxx amount of customers?
That being said either way if within a couple of years it is scrapped its a good thing.
Posted by GMAN99 over 4 years ago
Totally agree, no ISP big or small wants to loose customers to this stupid act. Its a cut throat business as it is.
Posted by otester over 4 years ago
In the first place all ISPs should have ganged up together, and especially against ACS:Flaw.
Posted by CARPETBURN over 4 years ago
If all ISPs ganged up and said they refuse to hand over customers details and stuck to their guns even if it meant the ISP got dragged to court this silly little bill would soon dissapear as they wouldnt be able to police it (so to speak)
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