Friday, 19 February 2010

Digital Economy Bill - initial obligations code outline, draft Costs SI

New on the Digital Britain website are papers on the Digital Economy Bill (see my redline showing the current Digital Economy Bill marked against the original version) including:

  • Outline of the proposed Initial Obligations Code which will govern ISP notifications to alleged file-sharers, discussing issues which might be covered by the code, such as:
    • Who can issue a CIR? (copyright infringement report)
    • Standards of evidence required
    • Timescales for submitting and actioning CIRs
    • What notification letters to ISP subscribers must contain
    • Copyright infringement lists
    • Code enforcement procedures
    • Appeals procedure
    • Possible grace period for ISPs
  • Draft Statutory Instrument - draft Online Infringement of Copyright (Initial Obligations) (Sharing of Costs) Order 2010 on the important issue of how much copyright owners must reimburse ISPs for notifications to their subscribers -for "notification costs" it's "a fixed sum [set by Ofcom] per copyright infringement report sent to any qualifying ISP", and there are also "qualifying costs" to be paid including in relation to subscriber appeals. Note that the draft is:
    • "designed to give an idea of how the cost issues could be approached. The proportional split included in the draft is a working assumption. Before laying the SI, we will conduct a full consultation"
  • Letter from Lord Young to Jack Straw regarding consumer complaints about threatening copyright infringement letters from ACS Law on behalf of copyright holders, whether owners may overstep the line in trying to pursue alleged infringements, and concerns about the standards of evidence expected under the Digital Economy Bill. (A proposed amendment and discussion in the Lords about "groundless threats" is here as the link in the letter isn't clickable.)

Via @digitalbritain.

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