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The Copyright Enforcement Enigma
 
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The Copyright Enforcement Enigma
Internet Politics and the ‘Telecoms Package’
 
 
Palgrave Macmillan
 
 
 
 
 
22 Nov 2011
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£66.00
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9780230321717
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DescriptionReviewsContentsAuthors

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.


Description

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.


Reviews

'This excellent work of scholarship chronicles one of the most important battles over Internet governance ever fought: the attempt by copyright interests to use European Telecommunications law to conscript network operators into enforcing their rights. Dr Horten navigates through the complex proceedings without losing sight of the larger issues.'
- Milton L. Mueller, Professor, Syracuse University School of Information Studies Internet Governance Project, USA

'In this page-turner Monica Horten maps out in lively detail how copyright enforcement and fundamental rights became hotly debated topics during the review of the European telecommunication directives. Making use of a wide range of documents, she paints an unusually detailed picture of how lobbying forces influence European regulation.'
- Nico A.N.M. van Eijk, Professor, Institute for Information Law (IViR) University of Amsterdam, the Netherlands

'Whether one is interested in the future of the Internet, how copyright policy is made, or how Europe's political institutions really function, Monica Horten's careful telling of the struggle between corporate copyright owners and advocates for an open Internet during the making of 21st century telecoms policy in Europe is a must read.'
- Michael W. Carroll, Professor of Law and Director, Program on Information Justice and Intellectual Property, American University, Washington College of Law, USA

'This is a welcome contribution to the development of EU telecommunications and copyright policies showing how they have been shaped by national responses to industry lobbying over piracy. The author shows how networks, comprising of industry, politicians and key figures, were able to influence the policy preferences of the European Commission, European Parliament and public campaigning. The book shows a sophisticated understanding of the history of EU policy-making.'
- Alison Harcourt, Jean Monnet Chair, Department of Politics, University of Exeter, UK
 
'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights


Contents

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


Authors

MONICA HORTEN writes the influential blog on European Internet and copyright policy - www.iptegrity.com - attracting an international readership of academics, lawyers and policy-makers. A veteran telecoms journalist, her portfolio includes articles in The Daily Telegraph and The Financial Times.