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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.

A report to be voted this Wednesday in the European Parliament is trying to put the criminalisation of copyright onto the EU policy agenda. The so-called Gallo report wants to revive a mothballed directive on criminal measures for IPR enforcement and  to involve Europol in dealing with online infringement cases. In parallel, it  places a  strong call for graduated response measures which stands to contradict the Parliament's previously voted position in the Telecoms Package.  

 

So why do the Liberal (ALDE) group maintain support for it?

 

The Gallo report on Enforcement of Intellectual Property Rights in the Internal Market does what it says in its title. It concerns European policy for copyright and other IP rights, and it has a particular interest in how these rights can be enforced on the Internet. It takes a hard line approach supporting graduated response, increased liability for broadband providers and places a strong call for criminal measures. It will be

Read more: European Parliament to vote on criminalising copyright infringement

A report that attempts to force the hand of the European Parliament on IPR enforcement  - including a possible weakening of the Telecoms Package outcome - has been temporarily stalled.

 

The Gallo report dealing with copyright and  IPR enforcement has been  stalled following a  vote today in the European Parliament in  Strasbourg. The   Parliament voted 140 to 135 in favour of postponing it until September, which will allow more time for scrutiny of the text.  

 The Gallo report, named after the rapporteur, Marielle Gallo,  is not a legislative proposal, and will not create any new laws. But it is important because it acts as  a lever in the political processes which will establish the European Parliament's position on IPR enforcement. It may be used to guide MEPs in future votes  on copyright and IPR enforcement matters, including the Anti-counterfeiting Trade Agreement (ACTA) .

 The Gallo report sets out a position which broadly favours stronger enforcement measures for IPR, including trademarks and counterfeit, and for copyright on the Internet. 'Enforcement' means measures such as 3-strikes,  website blocking, and other restrictions on Internet usage against allegations of copyright infringement.  The report  is written in the obscure language which is now becoming a familiar pattern, and it deals with

Read more: European Parliament report on IPR Enforcement stalled

The European Parliament is fighting again about copyright and the Internet. The Gallo report is attempting to get the Parliament to vote for a position that will open the way for stronger copyright enforcement measures,  in particular  against Internet users. The vote is tomorrow (Tuesday June 1st). 

 ***The vote was today in the Legal Affairs committee and it appears that they supported the rapporteur, which is not good news for Internet users. ***

 

Just 6 months after the Telecoms Package concluded, the European Parliament is again divided about copyright and the Internet. The issue is copyright enforcement, in respect of P2P file-sharing. As we saw in the Telecoms Package, the content industry is trying to get the Parliament to vote in  support of 3-strikes and other enforcement intiatives. The Parliament, better informed this time,  is fighting back.

 This time there is no legislation at stake. The argument is taking place in the context of a non-legislative report by the French, Sarkozy-ite MEP Marielle Gallo. However, non-legislative reports are used in the European Parliament to establish

Read more: Copyright fights reprise in the European Parliament

copyrightenforcement.enigma.book.launch.european.parliament.2012.jpg

 

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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