Comments on: Government Statement on the Proposed P2P File-Sharing Legislation http://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/ Mobiles, Shakespeare, Politics, Usability. Tue, 07 Feb 2012 17:59:37 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Mike Klymhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-1256 Mike Klym Mon, 07 Sep 2009 09:00:08 +0000 http://shkspr.mobi/blog/?p=432#comment-1256 But is now back in the office and happy to take old skool or hi-tech comments. Closing date for the consultation is 29th September... But is now back in the office and happy to take old skool or hi-tech comments. Closing date for the consultation is 29th September…

]]> By: Neilhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-989 Neil Tue, 01 Sep 2009 20:25:06 +0000 http://shkspr.mobi/blog/?p=432#comment-989 There are some other interesting questions as well:Who's going to pay for the technology to do this? (A proposed 50:50 split, but, on the implementation side, or just the per-letter costs?)It seems rather hung-on on the concept of 'letters' - would some form of electronic communication suffice - what about those Internet connections (for example, PAYT usage), for which no subscriber identifying information is held? Hopefully, this is not a backdoor to mandatory subscriber registration...The determination as to who evaluates the proof is still up in the air - ideally, there will be a quasi-judicial body doing this, and handling the appeals... but who's going to have to pay for this?Building on the point about the lack of redress for inappropriate claims (c.f. the perjury provisions of the Copyright Act in the US, as introduced by the DMCA, which do not exist under English / European copyright laws), where is the counterbalance to this - the obligation on rightsholders to make their content available in more attractive forms. Copyright should represent the minimum level of incentive required to encourage someone to innovate; do these extra rights, albeit disguised as streamlined enforcement, not need careful consideration in the overall picture of IPR and society?Is this aimed at traffic, or at hosting? All the talk has been of traffic, but, the main problem is those who are hosting files for distribution, e.g. via a network using BitTorrent. If hosting is within scope, then, does this mean an end to the need to seek injunctions, have a court review evidence etc. for any claimed IP infringement etc.? If I, as a small-time software developer, have my rights infringed by a third party, who is distributing my software without complying with the terms of the GNU GPL 2.0, my chosen licence, do I get the power of this new body, or is it only for major record labels etc.? Or just for "traffic" infringements? There are some other interesting questions as well:

Who’s going to pay for the technology to do this? (A proposed 50:50 split, but, on the implementation side, or just the per-letter costs?)

It seems rather hung-on on the concept of ‘letters’ – would some form of electronic communication suffice – what about those Internet connections (for example, PAYT usage), for which no subscriber identifying information is held? Hopefully, this is not a backdoor to mandatory subscriber registration…

The determination as to who evaluates the proof is still up in the air – ideally, there will be a quasi-judicial body doing this, and handling the appeals… but who’s going to have to pay for this?

Building on the point about the lack of redress for inappropriate claims (c.f. the perjury provisions of the Copyright Act in the US, as introduced by the DMCA, which do not exist under English / European copyright laws), where is the counterbalance to this – the obligation on rightsholders to make their content available in more attractive forms. Copyright should represent the minimum level of incentive required to encourage someone to innovate; do these extra rights, albeit disguised as streamlined enforcement, not need careful consideration in the overall picture of IPR and society?

Is this aimed at traffic, or at hosting? All the talk has been of traffic, but, the main problem is those who are hosting files for distribution, e.g. via a network using BitTorrent. If hosting is within scope, then, does this mean an end to the need to seek injunctions, have a court review evidence etc. for any claimed IP infringement etc.? If I, as a small-time software developer, have my rights infringed by a third party, who is distributing my software without complying with the terms of the GNU GPL 2.0, my chosen licence, do I get the power of this new body, or is it only for major record labels etc.? Or just for “traffic” infringements?

]]> By: Twitted by naomimchttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-914 Twitted by naomimc Wed, 26 Aug 2009 07:41:46 +0000 http://shkspr.mobi/blog/?p=432#comment-914 [...] This post was Twitted by naomimc [...] [...] This post was Twitted by naomimc [...]

]]> By: Twitter Trackbacks for Government Statement on the Proposed P2P File-Sharing Legislation – Terence Eden's Blog [shkspr.mobi] on Topsy.comhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-912 Twitter Trackbacks for Government Statement on the Proposed P2P File-Sharing Legislation – Terence Eden's Blog [shkspr.mobi] on Topsy.com Wed, 26 Aug 2009 03:04:25 +0000 http://shkspr.mobi/blog/?p=432#comment-912 [...] Government Statement on the Proposed P2P File-Sharing Legislation – Terence Eden's Blog shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation – view page – cached #Terence Eden's Blog latest posts Terence Eden's Blog latest comments Terence Eden's Blog » Government Statement on the Proposed P2P File-Sharing Legislation Comments Feed Terence Eden's Blog This Machine Stops Fascists* An Idea For A Movie — From the page [...] [...] Government Statement on the Proposed P2P File-Sharing Legislation – Terence Eden's Blog shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation – view page – cached #Terence Eden's Blog latest posts Terence Eden's Blog latest comments Terence Eden's Blog » Government Statement on the Proposed P2P File-Sharing Legislation Comments Feed Terence Eden's Blog This Machine Stops Fascists* An Idea For A Movie — From the page [...]

]]> By: David Gerardhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-910 David Gerard Tue, 25 Aug 2009 17:59:18 +0000 http://shkspr.mobi/blog/?p=432#comment-910 Full points to Stella: https://twitter.com/stellacreasy/status/3539177953"@davidgerard am running into meeting but it is me and I do respond! Am with billy Bragg and tom Watson on this-tweet more later?" Full points to Stella: https://twitter.com/stellacreasy/status/3539177953

“@davidgerard am running into meeting but it is me and I do respond! Am with billy Bragg and tom Watson on this-tweet more later?”

]]> By: Alasdairhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-909 Alasdair Tue, 25 Aug 2009 17:30:06 +0000 http://shkspr.mobi/blog/?p=432#comment-909 (un)fortunately given that the way this proposal was formed we are told was with Mandleson having lunch at the rothschilds, i suspect the answers that do not provide a punishment will remain so. I say fortunately because If the law is enacted with such loopholes they would allow an easy way to demonstrate its idiocy by using them to cut of the internet connections of every member of parliament (un)fortunately given that the way this proposal was formed we are told was with Mandleson having lunch at the rothschilds, i suspect the answers that do not provide a punishment will remain so. I say fortunately because If the law is enacted with such loopholes they would allow an easy way to demonstrate its idiocy by using them to cut of the internet connections of every member of parliament

]]> By: Richardhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-908 Richard Tue, 25 Aug 2009 17:28:10 +0000 http://shkspr.mobi/blog/?p=432#comment-908 If it helps anyone, I've set up a wiki with ideas for responding to the government consultation - will be updating it for the latest changes to policy. It is at <a href="http://is.gd/2xKec" rel="nofollow">http://is.gd/2xKec</a>. If it helps anyone, I’ve set up a wiki with ideas for responding to the government consultation – will be updating it for the latest changes to policy. It is at http://is.gd/2xKec.

]]> By: Twitted by openrightsgrouphttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-907 Twitted by openrightsgroup Tue, 25 Aug 2009 17:22:36 +0000 http://shkspr.mobi/blog/?p=432#comment-907 [...] This post was Twitted by openrightsgroup [...] [...] This post was Twitted by openrightsgroup [...]

]]> By: David Gerardhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-906 David Gerard Tue, 25 Aug 2009 17:06:26 +0000 http://shkspr.mobi/blog/?p=432#comment-906 Note that asking on her Twitter is important - medium as message ;-) Does she read or just post? Note that asking on her Twitter is important – medium as message ;-) Does she read or just post?

]]> By: Terence Edenhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-904 Terence Eden Tue, 25 Aug 2009 16:52:06 +0000 http://shkspr.mobi/blog/?p=432#comment-904 Good stuff - vital to get this to candidates. Please note that this legislation is likely to be fast tracked - a reply to the consultation will help get your views across on the off chance that Labour aren't in the majority next time. Good stuff – vital to get this to candidates. Please note that this legislation is likely to be fast tracked – a reply to the consultation will help get your views across on the off chance that Labour aren’t in the majority next time.

]]> By: David Gerardhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-903 David Gerard Tue, 25 Aug 2009 16:49:11 +0000 http://shkspr.mobi/blog/?p=432#comment-903 I just asked the Labour candidate for Walthamstow (Stella Creasy @stellacreasy) on Twitter for her thoughts, noting that this would decide whether she got my vote. Let's see what happens. I just asked the Labour candidate for Walthamstow (Stella Creasy @stellacreasy) on Twitter for her thoughts, noting that this would decide whether she got my vote. Let’s see what happens.

]]> By: Dennyhttp://shkspr.mobi/blog/index.php/2009/08/government-statement-on-the-proposed-p2p-file-sharing-legislation/#comment-902 Denny Tue, 25 Aug 2009 16:24:56 +0000 http://shkspr.mobi/blog/?p=432#comment-902 Don't email Mike, he's out of office until 2nd September.That'll teach me for trying to be different :) Don’t email Mike, he’s out of office until 2nd September.

That’ll teach me for trying to be different :)

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