UK: BT and TalkTalk challenge Digital Economy Act

Two of the United Kingdom’s largest internet service providers (ISPs) have requested a judicial review be launched into the Digital Economy Act. BT and TalkTalk claim that the act, designed to reduce internet piracy, contravenes European Union legislation. They say the act, which was rushed through parliament before the May general election, will force them to disconnect customer subscriptions on copyright grounds. BT and TalkTalk claim the regulations infringe basic rights and freedoms whilst financially disadvantaging larger ISPs because the legislation will not apply to ISPs with less than 400,000 subscribers.

USA: $1bn YouTube copyright case dismissed

On 23 June, Viacom’s $1bn lawsuit against YouTube was thrown out by a US judge. The entertainment company had raised the claim citing widespread copyright infringement by the Google owned video hosting site. However, in his summary judgment, District Judge Louis Stanton held that Youtube was protected by the “safe provision” in the Digital Millennium Copyright Act because they had swiftly removed all offending videos when prompted.

PAST EVENT: Copyright, Copyleft

Who Owns the Words?
Sunday 6 June
The Guardian Hay Festival, Wales

Articles abound about the ways the internet, twitter, text-messaging and Facebook status updates have changed the culture of reading and writing across the globe. This year Google scaled back its ambitious project to put the world’s books on the web, but for how long? The potential replacement of our beloved ink and paper objects with cold electronic devices—an eventuality in which many of us still refuse to believe—came one sinister step closer this year. The must-have gift of the 2009 holiday season? The e-book reader.

It’s high noon in the digital age, but many of us are still lounging in bed. We’ve been hitting the snooze button since the 90s, refusing to wake from a dream we began in the nineteenth century, when advancing technologies in mass-production made music and image, film and literature widely available. Copies were cheap, and copyright laws have historically protected artists and allowed distributors to prosper. But technology marches on, dragging the culture behind it, and a little over two hundred years later, copies are no longer cheap—they’re free.

Among the many provocative arguments David Shields makes in his new book Reality Hunger: A Manifesto, he argues that the economic model based on the copy is not only no longer sustainable, it’s no longer relevant:

The new model is based on the intangible assets of digital bits: copies are no longer cheap but free and flow freely everywhere. As computers retrieve images from the web or displays from a server, they make temporary internal copies of those works. Every action you invoke on your computer requires a copy of something to be made. Many methods have been employed to try to stop the indiscriminate spread of copies, including copy-protection schemes, hardware-crippling devices, education programs, and statutes, but all have proved ineffectual. The remedies are rejected by consumers and ignored by pirates. Copies have been dethroned; the economic model built on them is collapsing. In a regime of superabundant free copies, copies are no longer the basis of wealth. Now relationships, links, connection and sharing are. Value has shifted away from a copy toward the many ways to recall, annotate, personalize, edit, authenticate, display, mark, transfer and engage a work.

We have become a culture virtually and literally inundated with “cultural artifacts and debris: all of this is part of our lives, but much of it is off limits or artistic expression because someone ‘owns’ it.” In a world where so much content has become so readily accessible, isn’t it a natural development that artists want to make use of available material? This debate over ownership and appropriation in music is widely known—musical artists have been fighting for the right to creatively “sample” for decades. But the debate has been more subdued, perhaps more settled in literature. Or has it?

Shields’ book is made up of some 600 aphorisms, mini-essays, provocative statements and unattributed quotations. Using both his own words and the words of others, he takes on the nature of art, pits fiction against non-fiction, essay against story and imagination against invention. Citing a a literary history of unattributed copying, cribbing and appropriation that includes Nabokov, TS Eliot and Shakespeare, Shields fought for the right to publish hisManifesto without attribution. He lost.

So the question arises, who owns the words? Who owns the music, the images, the stories and touchstones of our culture? The individual artists, the distributing corporations, or the consumers who purchase it? Index on Censorship and Penguin Books bring together a provocative panel, including Mr Shields, to discuss creative sampling the age of the easy copy, and whether the evolution of copyright—long considered a protection of the artist’s creative output, has actually become an obstacle to the ‘natural evolution of human creativity’.

For more information visit the Guardian Hay Festival website

Google and Stephen Fry attack digital bill

ISPs, Google, Facebook, eBay, Yahoo and the Open Rights Group sign letter saying bill threatens free speech

In a letter published in the Financial Times today, digital rights campaigners and consumer and industry groups argue a key amendment in the Digital Economy bill is “poor law making” that will encourage site blocking and damage free expression.
Dear Sirs,
We regret that the House of Lords last week adopted amendment 120A to the Digital Economy Bill. This amendment not only significantly changes the injunctions procedure in the UK but will lead to an increase in Internet service providers blocking websites accused of illegally hosting copyrighted material without cases even reaching a judge. The amendment seeks to address the legitimate concerns of rights-holders but would have unintended consequences which far outweigh any benefits it could bring.
Endorsing a policy that would encourage the blocking of websites by UK broadband providers or other Internet companies is a very serious step for the UK to take. There are myriad legal, technical and practical issues to reconcile before this can be considered a proportionate and necessary public policy option.  In some cases, these may never be reconciled. These issues have not even been considered in this case.
The Lords have been thoughtful in their consideration of the Bill to date.  It is therefore bitterly disappointing that the House has allowed an amendment with obvious shortcomings to proceed without challenging its proponents to consider and address the full consequences.  Put simply, blocking access as envisaged by this clause would both widely disrupt the Internet in the UK and elsewhere, threatening freedom of speech and the open Internet, without reducing copyright infringement as intended. To rush through such a controversial proposal at the tail end of a Parliament, without any kind of consultation with consumers or industry, is very poor law making.
We are particularly concerned that a measure of this kind as a general purpose policy could have an adverse impact on the reputation of the UK as a place to do online business and conflict with the broader objectives of Digital Britain.  This debate has created a tension between specific interest groups and the bigger prize of promoting a policy framework that supports our digital economy and appropriately balances rights and responsibilities.  All parties should take steps to safeguard this prize and place it at the heart of public policy in this area.
Yours sincerely,
Tom Alexander, CEO, Orange UK
Richard Allan, Director of Policy EU, Facebook
Neil Berkett, Chief Executive, Virgin Media
Matt Brittin, Managing Director, Google UK and Ireland
Charles Dunstone, Chairman, Talk Talk Group
Stephen Fry
Jessica Hendrie-Liaño, Chair, Internet Services Providers Association (ISPA)
Jill Johnstone, International Director, Consumer Focus
Jim Killock, Executive Director, Open Rights Group
Mark Lewis, Managing Director, eBay UK Ltd
Ian Livingston, Chief Executive, BT Group
Professor Sarah Oates, University of Glasgow
Dr Jenny Pickerill, University of Leicester
Mark Rabe, Managing Director, Yahoo! UK and Ireland
Dr Paul Reilly, University of Leicester
Jess Search, Founder, Shooting People independent film makers
Professor Ian Walden, Queen Mary, University of London
Tom Watson MP