2013-06-06

‎France removes Internet cut-of threat from its anti-piracy law

← Older revision

Revision as of 01:58, 7 June 2013

(28 intermediate revisions by one user not shown)

Line 6:

Line 6:

== Consultations and departments ==

== Consultations and departments ==

+

+

===EE debate mobile weblogs and privacy===

+

+

On 5 June ORG held a debate with EE in Parliament concerning data retention following on from reports that personal information was being sold to third parties. Members of the panel included representatives from EE, Ipsos Mori, the Information Commissioner Office and Joss Wright from the Oxford Internet Institute.

+

+

Read ORG's blog for a [https://www.openrightsgroup.org/blog/2013/ee-debate-mobile-weblogs-and-privacy summary of the debate]

+

+

===DCMS calls summit on extreme or illegal content online===

+

+

As the [http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/10102221/Phone-and-web-companies-called-to-summit-on-how-to-crackdown-on-images-of-child-sex-abuse.html Telegraph] reports, Maria Miller, The Secretary of State for Culture, Media and Sport, has "sent a letter to internet service providers, search engines and mobile phone operators such as Google, Yahoo, Microsoft, Facebook, Twitter and 3, calling them to a meeting at Westminster in a fortnight's time." This follows on from calls from MPs to block violent and child porn images online.

+

+

ORG [https://www.openrightsgroup.org/blog/2013/dcms-call-summit-on-dealing-with-extreme-or-illegal-content-online to write to Minister ensuring civil society presence].

+

+

===Data Protection Regulation: "LobbyPlag" briefing===

+

+

[http://lobbyplag.eu/map LobbyPlag] has compared amendments made by MEP's to the [[Data Protection Regulation]] with those written by industry lobbyists with it being concluded that [http://blog.okfn.org/2013/03/22/lobbyplag-who-is-really-writing-the-law/some MEP's were taking law proposals verbatim] from lobbyists and trying "slip them into the upcoming EU privacy law". This has raised concerns over data protection and the weakening of privacy rights.

+

+

See ORG's [http://www.openrightsgroup.org/ourwork/reports/data-protection-regulation:-lobbyplag-briefing blog] for further details alongside a brief [https://www.openrightsgroup.org/ourwork/reports/data-protection-regulation:-a-brief-guide-to-the-issues guide to the issues].

== Committees ==

== Committees ==

Line 22:

Line 40:

Following on from second reading of the [[Intellectual Property Bill]], which took place on 22 May, Committee stage has been scheduled for the 11 June. According to the  [http://services.parliament.uk/bills/2013-14/intellectualproperty.html Progress of the Bill] "line by line examination of the Bill" will take place in "Grand Committee".

Following on from second reading of the [[Intellectual Property Bill]], which took place on 22 May, Committee stage has been scheduled for the 11 June. According to the  [http://services.parliament.uk/bills/2013-14/intellectualproperty.html Progress of the Bill] "line by line examination of the Bill" will take place in "Grand Committee".





== Private Members Bills ==

== Debates and questions ==

== Debates and questions ==

Line 56:

Line 72:

NATO is one of many bodies to attempt to address the growing cyber threat facing Europe. "The European Commission has similarly cited improving the region's defences as a key part of its Digital Agenda and Cyber Security Strategy."

NATO is one of many bodies to attempt to address the growing cyber threat facing Europe. "The European Commission has similarly cited improving the region's defences as a key part of its Digital Agenda and Cyber Security Strategy."

+

+

===Taiwanese Intellectual Property Office plan to 'adjust' SOPA-like Censorship===

+

+

The Taiwanese Intellectual Property Office, part of the Ministry of Economic Affairs, have decided to [http://the1709blog.blogspot.co.uk/2013/06/the-copykat-fascinating-furballs-of-fun.html 'adjust' plans to block overseas Internet services] that potentially violate copyright laws. The proposal made by the government to amend the Copyright Act requiring local Internet Service Providers to block illegal content in foreign Web sites faced strong criticisms from free speech advocates. according to the 1709 blog:

+

+

"Wang Mei-hua, head of the Intellectual Property Office (IPO) stressed her office 'never intended to challenge or acted to damage' the freedom of speech that Taiwan's people worked so hard to acquire."

== European Union ==

== European Union ==

===France removes Internet cut-of threat from its anti-piracy law===

===France removes Internet cut-of threat from its anti-piracy law===

+

+

According to the [http://www.nytimes.com/2013/06/03/technology/03iht-piracy03.html?pagewanted=all&_r=1& nytimes] "a French experiment in cracking down on digital media piracy by threatening to kick copyright cheats offline is about to end". The famous "three strikes" anti-piracy regime was approved in 2009 aiming to "curb unauthorised file-sharing and to slow the erosion of media industry revenue" however the most extreme measure, being cut off from the Internet, [http://arstechnica.com/tech-policy/2013/06/france-removes-internet-cut-off-threat-from-its-anti-piracy-law/ has been put to an end].

+

+

The French digital minister Fleur Pellerin, [http://translate.google.com/translate?hl=en&sl=fr&tl=en&u=http%3A%2F%2Fwww.rtl.fr%2Factualites%2Finfo%2Finternet%2Farticle%2Fhadopi-fleur-pellerin-confirme-la-fin-des-coupures-internet-7761676054 at a press event] in Sweden, confirmed that this part of the law would be overturned stating that "Today it's not possible to cut off someone's Internet access" likening it to "cutting off someone's water." As of yet this seems to be the only concrete result following on from the [http://www.culturecommunication.gouv.fr/var/culture/storage/culture_mag/rapport_lescure/index.htm#/ Lescure Report] providing substantial analysis and recommendations for the future of digital policy in France. The Lescure Report also made two other significant recommendations; the first stating that "the administration of the law should move from the Haidopi agency (to be dissolved) to the French media regulator, the Superior audiovisual council (CSA), and the second stating that the French government "should impose a one percent tax on all 'connected devices' (smartphones, tablets, computers)."

+

+

As the nytimes reports "a downgrade of the French system would leave South Korea, which also imposed a similar system in 2009, as the country with perhaps the toughest anti-piracy measures in place. More than 4000 Internet accounts or Web sites have been suspended in South Korea since the law went into effect."

== Devolved Matters ==

== Devolved Matters ==

Line 72:

Line 100:

The Paris High Court "is a court of first instance" whereby cases can be appealed and the amount can be changed when the "French administrative court decides if the imposed levies are legal". According to Charles-henri Lonjon Copie France was optimistic about its chances because the high court's ruling in principle proved that collecting these levies was legal stating "After the administrative court decision we hope to recover the rest of the €7.2 million".

The Paris High Court "is a court of first instance" whereby cases can be appealed and the amount can be changed when the "French administrative court decides if the imposed levies are legal". According to Charles-henri Lonjon Copie France was optimistic about its chances because the high court's ruling in principle proved that collecting these levies was legal stating "After the administrative court decision we hope to recover the rest of the €7.2 million".

+

+

===Oracle v Google: EFF warn of threats to innovation===

+

+

The [https://www.eff.org Electronic Frontier Foundation] has joined the ongoing legal battle between Oracle and Google over whether APIs (Application Programming interface) should or shouldn't be copyrightable. According to the [https://mail.google.com/mail/u/0/?shva=1#inbox/13f0e16f8ff0670d 1709blog] "Google denies any wrongdoing and has argued, in part, that software APIs cannot be protected under U.S. copyright law." after having been accused by Oracle of infringing the copyright of its JAVA APIs in the developments of Google's Android OS.

+

+

The campaign group has gathered together 32 computer scientists and tech industry leaders in an amicus brief to the U.S Court of Appeals for the Federal Circuit. The brief, signed by tech leaders including MS-DOS author Tim Paterson and ARPANET developer Larry Roberts, supports the position that "APIs should not be copyrightable because they are critical to spurring innovation and inter-operability in the tech world."

+

+

Oracle originally sued Google for copyright infringement relating to "Google's use of 37 Java APIs used on its Android mobile operating system.". The case went to trial in May where Oracle argued that "Google knowingly used the APIs without a license from Sun Microsystems, which was bought by Oracle in 2010." Judge William Alsup ruled that the APIs were non-copyrightable, starting that:

+

+

"So long as the specific code used to implement a method is different, anyone is free under the Copyright Act to write his or her own code to carry out exactly the same function or specification of any methods used in the Java API. It does not matter that the declaration or method header lines are identical." The ruling found that the structure Oracle was claiming was not copyrightable under section 102(b) of the Copyright Act because it was a "system or method of operation."

+

+

Despite Oracle claiming that Google's use of Java in android is "decidedly unfair" the EFF "is adamant that copyright protection should not be extended noting that "without the compatibility enabled by APIs that are open, we would not have the vibrant computer and Internet environment we experience today, with new products and services routinely changing the way we see and interact with the world".

+

+

Full 36-page amicus brief of computer scientists available at [https://www.eff.org/document/amicus-brief-computer-scientists eff.org]

== ORG Media coverage ==

== ORG Media coverage ==

Show more