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Vol 21 No 9 Sept/Oct 2016

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The Copyright Enforcement Enigma: Internet Politics and the 'Telecoms Package'

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ISBN13: 9780230321717
Published: November 2011
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £69.00

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Can broadband providers be asked to enforce copyright? The issue of copyright enforcement on the Internet -- peer-to-peer downloading and so-called 'piracy' - is a political hot potato. In 2007-2009 it sparked a highly polarised policy battle in the EU and France over the 'three-strikes' (graduated response) measures which would make broadband providers cut alleged infringers off the Internet. This is the enigmatic case of the EU Telecoms Package. It was an attempt to enable copyright enforcement by amending telecoms law, but the crux of the political debate concerned the right to a fair trial. How should we understand the connection between copyright, telecoms and judicial process? The Copyright Enforcement Enigma sets the problem into a historic context of copyright enforcement, technology and liability, and exposes why the Telecoms Package was the policy vehicle chosen. Written in a lively and accessible style, the book takes the reader through the European Parliament processes to illustrate how they shaped the unexpected policy outcome.

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Intellectual Property Law, Telecommunications Law
Establishing Links between Copyright and Telecoms Policies PART I. HISTORICAL CONTEXT - COPYRIGHT ENFORCEMENT FROM HENRY VIII TO THE INTERNET A Short History Of Copyright Enforcement Copyright Enforcement And the Internet Policy Perspectives for Online Copyright Enforcement PART II. POLITICAL CONTEXT - THE LAW, THE LOBBYISTS, AND NEW ENFORCEMENT PROPOSALS FOR EUROPE EU Copyright And Telecoms Policies -- an Inherent Conflict Right-holder & Telecoms Lobbying - Disproportionate Influences Graduated Response - Shifting Liability for Enforcement PART 3. THE TELECOMS PACKAGE - THE ATTEMPT TO COMANDEER TELECOMS LAW FOR COPYRIGHT Why the Telecoms Package became the Policy Instrument The Attempt to put Copyright in the Telecoms Package How Internet Users' Rights Challenged Copyright How Copyright Set the Parliament Against the Member States Conciliation - The Right To A Fair Trial Copyright and Telecoms Regulation - the Enigma Unpacked Bibliography