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IPR Enforcement

IPR enforcement on the Internet is highly contrversial as measures may entail some form of content blocking and  impose new liabilities on  ISPs and content platforms.  Blocking measures immediately engage the right to freedom of expression.

This section  monitors  aspects of EU policy which relate to IPR and copyright enforcement from 2009. It covers a variety of industry-led proposals, including early moves against Internet providers. Iptegrity provided almost exclusive coverage of the European Commission's proposed Notice and Action Directive. It was  subsequently shelved - but will it re-appear? The section also logs industry moves which may influence the policy agenda and seeks to understand ways in which European  IPR enforcement policy could change or evolve.

If you like the articles in this section and you are interested in copyright enforcement policy in the EU, you may like my books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

You might also like my latest  book 'The Closing of the Net' which examins corporate power and Internet policy, including 3 chapters on copyright.

It's looking more and more official that the European Commission  is getting ready to whip out pan-European proposals for Internet copyright enforcement. And according to new leaked information, it may even propose a deal to trade off multi-territory rights against the new  enforcement measures.

 

Did anyone notice the subtle hint in Michel Barnier's  speech at the end of last month to the Midem  annual music  industry fest in Cannes?  

 

Michel Barnier is European Commissioner for the Internal Market, and is responsible for IPR policy. He used the occasion of the MidemNet conference - a special event promoting  technology for the music business  -    to set out publicly some of the policy ideas which his DG is working on for 2011. He said there will be legislation on multi-territory rights. He promised  ‘an ambitious action plan' on enforcement. He raised, if I am not mistaken,  a possibility of a new  EU-wide copyright enforcement regime designed to address Internet issues. It was couched in Commisson-speak, but that is what it appeared to be saying.

 

In respect of

Read more: Barnier stands ready with EU-wide IP enforcement proposals

Secret talks at DG Markt may not comply with  EU procedures, especially transparency. And are the industry lobbyists getting preferential access?

Iptegrity.com has previously exposed these talks. Now the European Parliament is putting direct questions to the Commission.

 

Two members of the European Parliament yesterday put questions to DG Markt (European Commission) in respect of  talks taking place about copyright enforcement measures for the Internet.  Stavros Lambrinidis and Francoise Castex, both from the Socialist and Democrat group, allege that the secret talks could lead to the imposition of Hadopi-style copyright enforcement measures through the back door - with the Commission's blessing. They ask whether the talks comply with EU procedures for transparency, and whether certain industry groups are getting special access to the policy-making process.

Read more: MEPs ask Commission: come clean on 'EU hadopi' talks

The European Commission is holding secret talks on an anti-file-sharing industry agreement.

Telcos and rights-holders had a dust-up over ‘co-operation'. Rights-holders have shunted new business models off the table. The Commission  was ready to handbag anyone who gossiped outside.

 

And why - oh why? - is the Commission running scared of a French blog, which might or might not be La Quadrature du Net - the Commission does not seem to be sure?

 

More information is emerging  about the secret talks which are taking place  at the European Commission  on Europe-wide ‘voluntary' co-operation between rights-holders and ISPs. It's 3-strikes by any other name. The Commission is trying to negotiate a UK-style  Memorandum of Understanding  which would apply right across Europe. The plan is to get it  signed by the trade associations like  ETNO and the IFPI.

 

The talks are taking place in DG Markt, with a selected list of invitees only. Google and Yahoo joined in at the end of last year.  The

Read more: ISPs & rights-holders in dust-up over Europe-wide MoU

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States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

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" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk

Find out more about the book here  The Closing of the Net

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Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

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Iptegrity.com is the website of Dr Monica Horten. She is  a trainer & consultant on Internet governance policy, published author& Visiting Fellow at the London School of Economics & Political Science. She served as an independent expert on the Council of Europe Committee on  Internet freedom. She has worked on CoE, EU and UNDP funded projects in eastern Europe and beyond.  She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy (and now Brexit). Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

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The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review