Landmark net piracy case to have major UK web impact
Brave New Britain
Legal experts warn of 'notice-and-takedown' culture
By Mat Bettinson
PCR, UK: 29 July 2011
http://www.pcr-online.biz/news/36748/Landmark-net-piracy-case-to-have-major-UK-web-impact
[ http://tinyurl.com/3v42dmq ]
A High Court judge has ruled that ISP BT must block a website which
provides movie download links but legal experts have warned this has
set a major new precident.
The judge ordered BT to use the firm's Cleanfeed content blocking
system, a system designed to block child pornography, to block access
to the web site. Virtually all major UK ISPs use BTs system given
former Home Office Minister Vernon Croaker's threat to ISPs to adopt a
similar system or face legislation.
The order is being seen as having the potential to open the floodgates
for legal attempts to block access to web sites for a range of
complaints. The introduction of a universal web filtering system was
highly controversial precisely because ISPs and civil liberties groups
believed that it would inevitably be expanded to result in 'censorship
by the back door'.
BT argued against using Clearweed to block access to Newzbin saying
that to do so there "would be nothing to stop countless other
applicants coming forward to demand that BT block," and raising the
possibility that further attempts would be made to use the filtering
system in a wider array of complaints including "defamatory
allegations or private information."
Mr Justice Arnold rejected BT's arguments, concluding that court
action to block a website was still likely to be costly. "I consider
it probable that they will concentrate their resources on seeking
relief in respect of the more egregious infringers," he said.
However Ian de Freitas, IP partner at the law firm Berwin Leighton
Paisner, said that the volume of legal action "misses the point."
"Now that this test case establishes that an injunction can be
granted, intermediaries are likely to adopt a notice-and-takedown
approach which has operated for many years in relation to defamation
claims," de Freitas said.
"Once notified of claimed IP infringements by rights-holders,
intermediaries are unlikely to want to test the position in expensive
court proceedings."
Should the landscape of the internet turn out as de Fretas warms,
companies with hefty legal resources could intimidate individuals with
the threat of legal action much more easily than they can today.
The exact details of the order and the final wording will only be made
available in October.