Wednesday, August 3, 2011

TorrentFreak Email Update

TorrentFreak Email Update

UK Government Abandons File-Sharing Website Blocking Plans

Posted: 03 Aug 2011 03:32 AM PDT

Plans to block websites alleged to facilitate copyright infringement are to be dropped by the UK government. The announcement was made by Business secretary Vince Cable following a review by communications regulator OFCOM which found that blocking provisions in the Digital Economy Act would not be effective. Nevertheless, website blocking will be attempted, just by other means.

Outlining the government’s response to the Hargreaves report, business secretary Vince Cable today confirmed that the website blocking provisions put in place under the country’s controversial Digital Economy Act will be abandoned.

As widely predicted, a review by communications regulator OFCOM found that the plans were unworkable.

“Ofcom was also asked to consider whether the site-blocking provisions in the Digital Economy Act would work in practice,” began today’s statement from the Department for Business, Innovation and Skills.

“The Act contains reserve powers to allow courts to order that websites dedicated to copyright infringement are blocked. The regulator concluded the provisions as they stand would not be effective and so the Government will not bring forward the Act's site-blocking provisions at this time.”

While some will see the decision as a victory for common sense, it does not necessarily follow that there will be no site blocking in the UK.

As the recent MPA v BT case showed all too clearly, existing legislation (the Copyrights, Design and Patents Act) is now deemed powerful enough to carry out the same function. The ruling in that case ordered ISP BT to block all subscriber access to Usenet indexing site Newzbin2.

However, without the assistance of the now-nuked provisions of the Digital Economy Act, copyright holders may be forced to go “the long way round” to get sites blocked, i.e through the legal system and existing legislation.

But as complicated as it was, the Newzbin2 case had a number of special features (such as a previous UK court ruling against Newzbin1) which helped the case along and through to ultimate success for the MPA. Relatively speaking, future legal attempts will not be as easy.

“The MPA focus until now has been on this Newzbin case and not beyond it,” the MPA told TorrentFreak when asked about future site-blocking plans. “Although there will be other targets, no decisions have yet been made.”

“However, other rights-holders have been watching the case with interest and may well have their own target rogue sites,” the MPA concludes.

But of course, there are still ongoing discussions between the government, rights-holders and ISPs concerning the voluntary blocking of websites, something which the MPA and international music industry will be keen to pursue.

Other elements of Cable’s announcement, such as the creation of a Digital Copyright Exchange, the relaxation of laws which currently forbid UK citizens from format-shifting their own legally purchased media, and the permitting of parody works without copyright-holder permission, can be read here.

Source: UK Government Abandons File-Sharing Website Blocking Plans

Bullying Anti-Piracy Lawyers Fined and Suspended

Posted: 02 Aug 2011 06:02 AM PDT

A pair of lawyers who were responsible for the introduction of so-called Speculative Invoicing into the UK have been fined and banned from practising for 3 months. Davenport Lyons partner David Gore and former partner Brian Miller will each have to pay a £20,000 fine and interim costs of £150,000.

Between 2006 and 2009 a pair of solicitors from law firm Davenport Lyons sent letters to around 6,000 individuals alleged to have carried out unlawful file-sharing.

Partner David Gore and former partner Brian Miller claimed that their evidence showed that letter recipients were guilty of copyright infringement. The pair demanded around £500 in compensation to make highly expensive legal action go away, demands which left many of those targeted bewildered and distressed.

The highly controversial scheme was later brought to the attention of the Solicitors Regulatory Authority (SRA) by consumer magazine Which?, a move which in hindsight signalled the beginning of the end.

The subsequent investigation found that Gore and Miller – who has since left Davenport Lyons – knowingly targeted innocent people, failed to act in the best interests of clients, acted in a way likely to diminish trust in the legal profession and had entered into banned contingency fee arrangements.

Between 31st May and 8th June this year the pair faced the Solicitors Disciplinary Tribunal and were found guilty of professional misconduct on all six counts presented.

Yesterday Gore and Miller received news of their punishments. Each lawyer will have to pay a £20,000 fine and will be suspended from practising for 3 months.

“The SDT found that Miller and Gore became too concerned about making the scheme profitable for themselves and their firm, and their judgment became distorted, so that they pursued the scheme regardless of the impact on the people receiving the letters, and their own clients,” reports the Law Society Gazette.

Payment of interim costs totalling £150,000 was also ordered.

“Some of those affected were vulnerable members of the public. There was significant distress,” said an SRA spokesman welcoming the SDT’s decision.

“We are pleased that this matter has been brought to a conclusion and hope that it serves as a warning to others.”

The warning will come too late for ACS:Law’s Andrew Crossley. When Davenport Lyons grew tired of the so-called Speculative Invoicing controversy it was he who picked up the baton and took the project to a whole new level. The resulting failure bankrupted his company.

Crossley himself will face the Solicitors Disciplinary Tribunal later this year.

Source: Bullying Anti-Piracy Lawyers Fined and Suspended
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