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High Court upholds anti-piracy Act

6 March 2012

The Court of Appeal Judges today (6 March 2012) handed down their judgment on the Judicial Review of the Digital Economy Act, following two failed appeal attempts by BT and TalkTalk to appeal an earlier decision. The creative industries ‘interested parties’ which has supported the Government throughout the Judicial Review process are again calling on BT/TalkTalk to now put the litigation behind them and join the creative sector and the Government in implementing the Digital Economy Act.

Commenting on today’s High Court ruling on the Digital Economy Act (DEA) Judicial Review appeal, Equity General Secretary Christine Payne, said: "Once again the Court is on the side of the almost two million workers in the creative industries whose livelihoods are put at risk because creative content is stolen on a daily basis. Once again a Judge has made it extremely clear that the Digital Economy Act is a fair, focused, proportionate and efficient system for consumers and the creative industry. Rather than individuals being hauled into court, the DEA makes it possible to conduct a mass consumer education programme. BT and TalkTalk need to stop fighting and start obeying the law.”

John McVay, Chief Executive of PACT and spokesperson for the Creative Industries ‘interested parties’ added: “We always believed that the Judicial Review was misconceived. Rather than needlessly spending more time and money on further legal challenges, BT and TalkTalk now need to focus on working with rightsholders and the Government in implementing the DEA with immediate effect.”

Geoff Taylor, BPI Chief Executive, commented: “The courts have confirmed, once again, that the Digital Economy Act is legal, proportionate and fair and can now be implemented.  The ISPs' failed legal challenge has meant another year of harm to British musicians and creators from illegal filesharing.  The ISPs now need to work constructively with Government and rightsholders to implement the Act."

President of the Film Distributors’ Association, Lord Puttnam CBE said: “Hopefully this brings to an end a long chapter of uncertainty, and the DEA can now help in implementing a mass consumer education programme so that people, especially young people, can come to appreciate the damage piracy inflicts on the whole of the creative community.”

 Lavinia Carey, Director General of the British Video Association, commented: “The British Video Association, whose members are blighted by the endemic use of unlawful P2P file-sharing to avoid paying for video content, is delighted that the Government can now press on with implementation of the 2010 Digital Economy Act.  The DEA offers a fair, proportionate and entirely reasonable way to help promote a change in behaviour. Several other countries are adopting this measure and it would be bad for Britain’s creative industries to be left behind more forward thinking nations who are supporting their creative economies at this difficult time of transition towards increased digital consumption during this period of recession.”

HOW THE MEDIA REPORTED THE ANNOUNCEMENT

BT AND TALK TALK LOSE FILE-SHARING APPEAL
BBC ON-LINE
BT and Talk Talk have lost an appeal over controversial measures to tackle copyright infringement online.
http://www.bbc.co.uk/news/technology-17270817

BT AND TALKTALK LOSE CHALLENGE AGAINST DIGITAL ECONOMY ACT
GUARDIAN
Internet service providers lose final appeal after court rules the Digital Economy Act is legal and compatible with European law
http://www.guardian.co.uk/technology/2012/mar/06/internet-provider-lose-challenge-digital-economy-act
   
DIGITAL ECONOMY ACT: BRITISH HIGH COURT SIDES WITH MUSIC INDUSTRY IN COPYRIGHT RULING
HUFFINGTON POST
LONDON -- The High Court has endorsed Britain's new copyright rules, siding with the music industry over Internet providers in a battle over online filesharing.
http://www.huffingtonpost.com/2012/03/06/digital-economy-act-britain_n_1325068.html
 
BROADBAND COSTS SET TO SOAR AS BT AND TALKTALK LOSE COPYRIGHT BID
INDEPENDENT
Web users face the prospect of higher broadband costs after BT and Talk Talk lost an appeal against legislation designed to tackle online piracy.
http://www.independent.co.uk/news/business/news/broadband-costs-set-to-soar-as-bt-and-talktalk-lose-copyright-bid-7541515.html
 
COURT BACKS ONLINE COPYRIGHT LAWS
PRESS ASSOCIATION
New laws tackling copyright infringement online have won the backing of the Court of Appeal.
http://www.google.com/hostednews/ukpress/article/ALeqM5hqGDARQmDIZaY9oi7CnrCknmD_Iw?docId=N0925751330994441373A
 
BT, TALKTALK LOSE ONLINE PIRACY APPEAL
REUTERS
British Internet service providers BT and TalkTalk lost a court appeal on online piracy on Tuesday, meaning they will have to identify and warn customers suspected of having illegally downloaded movies or music.
http://uk.reuters.com/article/2012/03/06/uk-internet-piracy-britain-idUKTRE82513120120306
 
EQUITY WELCOMES COURT OF APPEAL DIGITAL ECONOMY ACT RULING
THE STAGE
Equity has welcomed a Court of Appeal ruling which paves the way for the government to introduce the Digital Economy Act, which is aimed at tackling copyright infringement online.
http://www.thestage.co.uk/news/newsstory.php/35469/equity-welcomes-court-of-appeal-digital
 
U.K. COURT RULING BRINGS THREE-STRIKE RULE A STEP CLOSER
WALLSTREET JOURNAL
BT and TalkTalk, two of Britain’s largest Internet service providers, have lost their latest appeal against the Digital Economy Act which was passed in the dying days of the Labour government in 2010. It should now be possible to put in place a “graduated response” to deal with suspected illegal file-sharers.
http://blogs.wsj.com/tech-europe/2012/03/07/u-k-court-ruling-brings-three-strike-rule-a-step-closer/

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