Skip Navigation


BT and TalkTalk loses appeal over infringement letters
Tuesday 06 March 2012 11:23:45 by Andrew Ferguson

The Digital Economy Act has never really gone away, and has been simmering on the back burner, today sees it make a leap forward with the appeal launched jointly by BT and TalkTalk failing.

BT and TalkTalk were claiming the Digital Economy Act was incompatible with EU law, and would represent an invasion of privacy and disproportionate costs for both internet providers and consumers.

For those who have forgotten, one major element of the Digital Economy Act was a system whereby copyright holders (or their agents) would inform providers of suspected copyright infringement, the provider would then figure out which customer was responsible and write to the customer (at some point after multiple infringements further action could be taken, such as being placed on the Serious Infringers List). The idea being that people will stop infringing copyright once the error of their ways has been pointed out to them.

The creative industry, claims that copyright infringement costs some £400m a year, though many do dispute this figure, as it generally relies upon each downloaded track/film/book representing a lost sale. The reality is that while a proportion will be lost sales, some may lead to sales down the line, e.g. live concerts and other merchandise.

All too often in press coverage of copyright infringement, the internet providers are portrayed as being opposed to copyright, which is a long way from the truth. The reason they would appear to be fighting these battles is that want to ensure that processes are sensible, proportionate and not the result of legislation rushed through in the closing weeks of the previous Government.

For the levels of copyright infringement to be reduced, there needs to be co-operation between internet providers and copyright holders, which in terms of the music industry appears well underway, alas the movie studios appear to be a few years behind this curve. The evidence for this is the lack of good quality DRM free video content available for those who will pay for content, but want it portable across all their devices.

A perfect case in point is the emerging Ultraviolet system, which bundles codes for a digital copy of a movie with the DVD, or Blu-Ray and potentially digital only copies (Ultraviolet super-cedes the older digital copy system). Alas the codes only have to be honoured for a year, so when someone buys a new PC,tablet or phone a year or so after buying a film, they find they cannot format shift the film onto the new device, also films are limited to a person having three copies. The person who obtained the film through a file-sharing site has none of these limitations, and can often access the film at a higher bit-rate.

Comments

Posted by m0aur over 2 years ago
Total waste of time. Anything that can be listened to or watched online, can be recorded on a PC with nobody any the wiser. That is without even getting into shifting your IP address.
Posted by acpsd775 over 2 years ago
@m0aur well said even BBC iplayer stuff can have the DRM removed and burned to disc without the BBC been any the wiser you've done it not that ive done it nothing on the BBC interests me but i now its doable
Posted by chrysalis over 2 years ago
sad state of affairs when courts are clueless on what they ruling on. whats the reasoning behind the appealing failing? I cant find one published.
Posted by otester over 2 years ago
I'm on Sky now, oh look, they blocked Newzbin2, few clicks, back again xD

They can never win, even if they kicked everyone of the internet, we can use PiratBox's and also bridge connect to each other.
Posted by otester over 2 years ago
For those that worry about being d/c, get a VPN router.
Posted by fibrebunny over 2 years ago
Do they suppose that everyone will conveniently forget copying CDs and DVDs. For now it easier to download and swap content amongst portable devices and drives. Block downloads and offline activity will pick up pace once again. Not too mention those who know how to work around blocks selling such content as is already the case.
Posted by timmay over 2 years ago
The biggest mistake the film and music companies make is assuming people have the money to pay for the content in the first place. Sales wouldn't increase if people couldn't get some content for nothing. In fact the opposite would happen, the market would shrink as people would loose interest and also not discover new content.
Posted by comnut over 2 years ago
I dont think its any of the above they are worried about - more the massive filesharing sites, where you d/l films and CDs that are ripped from DVDs, theaters, etc...
YES I know they are hopeless... about as stupid as leaving the keys to the bank under the font doormat... :)
The only way to stop piracy is to beat them on pricing and features.. my main reason to rip a dvd would be to remove the *locked* intro junk!!!
Posted by c_j_ over 2 years ago
"Anything that can be listened to or watched online, can be recorded on a PC"

Really? Even HD stuff? Mr Gates's "Trusted Computing" initiative promised the content industry that there would be a trustworthy ie non-copyable encrypted tamper-proof channel all the way from HD source (Blu-Ray, stream) to HD display (with HDCP, slightly cracked last November).

Is that not the case any more?
You must be logged in to post comments. Click here to login.