UK Legalizes CD Ripping, Nixes Site Blocking

[nsane.forums]

Plans to block websites alleged to facilitate copyright infringement are to be dropped by the UK government. The announcement was made by Business secretary Vince Cable following a review by communications regulator OFCOM which found that blocking provisions in the Digital Economy Act would not be effective. Nevertheless, website blocking will be attempted, just by other means.

Outlining the government's response to the Hargreaves report, business secretary Vince Cable today confirmed that the website blocking provisions put in place under the country's controversial Digital Economy Act will be abandoned.

As widely predicted, a review by communications regulator OFCOM found that the plans were unworkable.

"Ofcom was also asked to consider whether the site-blocking provisions in the Digital Economy Act would work in practice," began today's statement from the Department for Business, Innovation and Skills.

"The Act contains reserve powers to allow courts to order that websites dedicated to copyright infringement are blocked. The regulator concluded the provisions as they stand would not be effective and so the Government will not bring forward the Act's site-blocking provisions at this time."

While some will see the decision as a victory for common sense, it does not necessarily follow that there will be no site blocking in the UK.

As the recent MPA v BT case showed all too clearly, existing legislation (the Copyrights, Design and Patents Act) is now deemed powerful enough to carry out the same function. The ruling in that case ordered ISP BT to block all subscriber access to Usenet indexing site Newzbin2.

However, without the assistance of the now-nuked provisions of the Digital Economy Act, copyright holders may be forced to go "the long way round" to get sites blocked, i.e through the legal system and existing legislation.

But as complicated as it was, the Newzbin2 case had a number of special features (such as a previous UK court ruling against Newzbin1) which helped the case along and through to ultimate success for the MPA. Relatively speaking, future legal attempts will not be as easy.

"The MPA focus until now has been on this Newzbin case and not beyond it," the MPA told TorrentFreak when asked about future site-blocking plans. "Although there will be other targets, no decisions have yet been made."

"However, other rights-holders have been watching the case with interest and may well have their own target rogue sites," the MPA concludes.

But of course, there are still ongoing discussions between the government, rights-holders and ISPs concerning the voluntary blocking of websites, something which the MPA and international music industry will be keen to pursue.

Other elements of Cable's announcement, such as the creation of a Digital Copyright Exchange, the relaxation of laws which currently forbid UK citizens from format-shifting their own legally purchased media, and the permitting of parody works without copyright-holder permission, can be read here.

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[DKT27]

UK Legalizes CD Ripping, Nixes Site Blocking

Business Secretary Vince Cable announces implementation of recommendations made to "modernize" intellectual property system by a allowing exceptions to copyright law for things like limited private copying. Ofcom also announces site blocking of copyright infringement "would not be effective " and scraps provision of the Digital Economy Act for now.

Today the UK govt announced plans to "modernize" the country's intellectual property system in order to help create the right conditions for businesses to invest, grow and create jobs.

Business Secretary Vince Cable says he will implement all ten recommendations made in an independent review on intellectual property laws completed this past May by Professor Ian Hargreaves. In that report, titled "Digital Opportunity: A review of intellectual property and growth,"

a wide range of changes to the UK's copyright regime was suggested.

They include:

1. Digital Copyright Exchange; a digital market place where licences in copyright content can be readily bought and sold.
2. Copyright exceptions covering limited private copying.
3. Copyright exceptions to allow parody.
4. The introduction of an exception to copyright for search and analysis techniques known as 'text and data mining'.
5. Establishing licensing and clearance procedures for orphan works (material with unknown copyright owners).
6. That evidence should drive future policy.

"The Government is focused on boosting growth and the Hargreaves review highlighted the potential to grow the UK economy," said Secretary Cable in a press release. "By creating a more open intellectual property system it will allow innovative businesses to develop new products and services which will be able to compete fairly in the UK's thriving markets for consumer equipment."

"We are accepting the recommendations and will now set about reforming the UK's intellectual property systems. Opening up intellectual property laws can deliver real value to the UK economy as well as the creators and consumers."

The Department for Culture Media and Sport (DCMS) has also laid out the next steps for implementing the mass notification system in the Digital Economy Act. In order to deter "vexatious appeals" from accused infringers attempting to "disrupt the system" it will charge the accused a £20 ($32 USD) fee that will be refunded upon successful appeal.

In addition, Ofcom has finally concluded that blocking sites accused of copyright infringement "would not be effective " and so has decided to scrap that provision of the DEA for now. This past February Ofcom began a review of site blocking to see if it "could work in practice." The DEA requires ISPs to block access to "online locations" if a "substantial portion" of that location infringes copyright.

Contrast that to the US where legislators are still deluded with site blocking plans of their own via the PROTECT IP Act. We've already outlined several of the many ways you can circumvent DNS censorship, but the fact that it "would not be effective," a conclusion already made after an actual review in the UK, is apparently lost on legislators in this country.

Moreover, it looks like the UK govt has come to its senses on copyright law in the digital age and produced a reasonable plan that protects the rights of copyright holders and consumers while at the same time encouraging the use of intellectual property.

<a title="View Government Response to the Hargreaves Review of Intellectual Property and Growt on Scribd" href="http://www.scribd.com/doc/61533259" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;"> Government Response to the Hargreaves Review of Intellectual Property and Growt</a><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/61533259/content?start_page=1&view_mode=list" data-auto-height="true" data-aspect-ratio="" scrolling="no" id="doc_97706" width="100%" height="600" frameborder="0"></iframe>

View: Original Article

[avmad]

What I was reading yesterday said that Vince Cable talks sense but his party never listen to him, although he has been right on many things. So thanks for listening to him for a change :D As you can tell I know nothing about government politics.

This sounds like good news. A lot better than a week ago anyway. B)

So maybe soon I can copy my own purchases and store them in the cloud for safe keeping :lol: