http://www.p2pon.com/After yesterday we wrote about the high costs implied by the preparations for the implementation of the Digital Economy Act, today we disappoint those who had hopes in the BT and TalkTalk’s appeal against their failed legal challenge of the controversial legislation.
The attempt to overturn a high court judicial review has failed as well, meaning that the two ISPs’ struggle to prevent the government from applying a reckless anti-piracy considered as a threat to internet users’ “basic rights and freedoms” is over.
The two companies appealed against four of the five grounds of the judicial review, denouncing the act’s inconsistency with European law. The efforts of the ISPs have brought up the problem of the incompatibility of the legislation with European Union directives on several aspects including technical standards, authorisation, e-commerce, e-communications and also privacy.
“We are now considering our position.We still believe that the Digital Economy Act measures aimed at preventing online copyright infringement are inconsistent with European law. Following the decision of Lord Justice Buxton earlier this week we have asked the Court of Appeal for an oral hearing of our application for permission to appeal,” said a spokesman for the two companies.
Reading that it seems as if there are plenty of grounds to challenge it. It's unfortunate that the judges reasons for turning down the legal challenges are not given in that article.
Additional info:-
Digital Economy Act: A Costly Enterprise£6m spent on preparations
The controversy around The Digital Economy Act has been watered with some numbers as well. Figures released under the Freedom of Information Act tell the story of unhappy ISPs and huge costs. Reportedly, preparations for the implementation of the bill next year will leave copyright owners, communications regulator Ofcom and ISPs short of £6m.
Anti-piracy investigation cost Ofcom £1.8m in 2010. The regulator said another £4m will probably be spent with file-sharing measures until March 2012.
If you wonder where do this money go, well – it’s all spent on researching a base level of copyright infringement, creating an appeals body, and assessing a nationwide anti-piracy education campaign dictated by the industry.
While BT and TalkTalk joined forces to challenge the act for the third time last month at the court of appeal, copyright holders expect the anti-piracy bill to take effect in the first half of next year after being stalled by the legal review.