The Closing of the Net  "original and valuable"  Times Higher Education

Journal of Intellectual Property, Information Technology and E-Commerce Law (JIPITEC)

The Digital Economy Act in the dock - a proportionate ruling?

by Monica Horten

Abstract: The UK’s Digital Economy Act 2010 contains  measures to enforce copyright on the Internet, specifically
a two-tiered form of a graduated response. The Act was challenged in the High Court by two of
the UK’s biggest Internet Service Providers (ISP), who obtained a Judicial Review of the copyright enforcement
provisions. This paper is an overview of the case, based on the hearing of March 2011 and the
ensuing judgement. It focuses on the two most hotly  contested grounds for the challenge, namely an alleged
failure to notify the European Commission under the Technical Standards Directive, and the proportionality
or otherwise of the contested provisions.  It observes how the judgement accepted the defence
argumentation of the government and the copyright  owners as interested parties, and how the ISPs appeared
to be put on the back foot.

JIPITEC is an open access journal. The full article is available here.

 

 

 

 

 

 

The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

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Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

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Iptegrity.com is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. 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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