bassethound
20-04-11, 15:48
Government plans to tackle illegal filesharing were given a boost today after BT and TalkTalk's bid to halt the Digital Economy Act was thrown out of the High Court.
Justice Kenneth Parker dismissed a judicial review of the DEA launched by the two internet service providers on all but one of the legal counts raised.
The companies partially won an element of the case related to cost-sharing, after the judge ruled that the government cannot force ISPs to pay 25% of Ofcom's costs for operating the anti-piracy measures and cover the costs of setting up an appeals body.
The ruling, meanwhile, will be broadly welcomed by record companies, film studios and other rights holders, who have strongly lobbied for more stringent powers to tackle filesharing. They argue that piracy costs the creative industries around £400 million a year in lost sales.
TalkTalk said that it was "disappointed" justice Parker was not convinced by arguments about the potential "cost and harm" of the DEA filesharing measures.
In a statement, the ISP said: "We are reviewing this long and complex judgment and considering our options, which may include an appeal to the court of appeal, or a request that the court of appeal make a reference to European Court of Justice.
"Though we may have lost this particular battle, we will continue fighting to defend our customers' rights against this ill-judged legislation."
Under the DEA, rights holders will be able to collect data about users believed to be illegally downloading films or music from illicit sites. Secondary measures in the legislation also allow the internet connections of persistent copyright infringers to be slowed or even blocked.
In his ruling, justice Parker said that "from the point of view of both copyright owner and subscriber, the DEA represents a more efficient, focused and fair system than the current arrangements".
He added: "Although it is difficult to predict the effect of measures such as those contemplated by the DEA, there are reasons for believing that such measures may well have positive effect.
"I have come to the conclusion that the questions of European Union law raised by this judicial review admit of clear answers, and I do not believe that any useful purpose would be served by my making a reference."
Geoff Taylor, the chief executive of record industry body the BPI, said that today's verdict gives the "green light for action to tackle illegal downloading in the UK".
"It confirms that the DEA is proportionate and consistent with European law," added Taylor.
"Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of parliament to help reduce the illegal traffic on their networks.
"It is now time for BT and TalkTalk to work constructively with government and with rights holders to implement the Digital Economy Act."
Justice Kenneth Parker dismissed a judicial review of the DEA launched by the two internet service providers on all but one of the legal counts raised.
The companies partially won an element of the case related to cost-sharing, after the judge ruled that the government cannot force ISPs to pay 25% of Ofcom's costs for operating the anti-piracy measures and cover the costs of setting up an appeals body.
The ruling, meanwhile, will be broadly welcomed by record companies, film studios and other rights holders, who have strongly lobbied for more stringent powers to tackle filesharing. They argue that piracy costs the creative industries around £400 million a year in lost sales.
TalkTalk said that it was "disappointed" justice Parker was not convinced by arguments about the potential "cost and harm" of the DEA filesharing measures.
In a statement, the ISP said: "We are reviewing this long and complex judgment and considering our options, which may include an appeal to the court of appeal, or a request that the court of appeal make a reference to European Court of Justice.
"Though we may have lost this particular battle, we will continue fighting to defend our customers' rights against this ill-judged legislation."
Under the DEA, rights holders will be able to collect data about users believed to be illegally downloading films or music from illicit sites. Secondary measures in the legislation also allow the internet connections of persistent copyright infringers to be slowed or even blocked.
In his ruling, justice Parker said that "from the point of view of both copyright owner and subscriber, the DEA represents a more efficient, focused and fair system than the current arrangements".
He added: "Although it is difficult to predict the effect of measures such as those contemplated by the DEA, there are reasons for believing that such measures may well have positive effect.
"I have come to the conclusion that the questions of European Union law raised by this judicial review admit of clear answers, and I do not believe that any useful purpose would be served by my making a reference."
Geoff Taylor, the chief executive of record industry body the BPI, said that today's verdict gives the "green light for action to tackle illegal downloading in the UK".
"It confirms that the DEA is proportionate and consistent with European law," added Taylor.
"Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of parliament to help reduce the illegal traffic on their networks.
"It is now time for BT and TalkTalk to work constructively with government and with rights holders to implement the Digital Economy Act."