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| Digital Economy Act court challenge fails | Digital Economy Act court challenge fails |
| (40 minutes later) | |
| A legal challenge to the Digital Economy Act has failed get the controversial legislation overturned. | A legal challenge to the Digital Economy Act has failed get the controversial legislation overturned. |
| The judicial review, requested by BT and Talk Talk, rejected claims that Parliament had overstepped it powers with anti-piracy measures. | The judicial review, requested by BT and Talk Talk, rejected claims that Parliament had overstepped it powers with anti-piracy measures. |
| However, Justice Kenneth Parker upheld one of the objections, relating to who pays for the law's enforcement. | |
| The ruling pleased groups representing copyright holders who said it would help reduce illegal file sharing. | The ruling pleased groups representing copyright holders who said it would help reduce illegal file sharing. |
| The act, which was rushed through Parliament before the 2010 general election, obliges internet service providers (ISPs) to co-operate with rights holders in identifying computer users who may have downloaded music, software and videos illegally. | The act, which was rushed through Parliament before the 2010 general election, obliges internet service providers (ISPs) to co-operate with rights holders in identifying computer users who may have downloaded music, software and videos illegally. |
| BT and Talk Talk mounted a legal challenge in the High Court, claiming the legislation violated several European laws on commerce and privacy. | BT and Talk Talk mounted a legal challenge in the High Court, claiming the legislation violated several European laws on commerce and privacy. |
| Justice Parker rejected four of the five points put forward by the ISPs but ruled in their favour regarding part a piece of associated legislation that makes service providers liable for 25% of the cost of policing their users. | |
| The government will now be forced to re-examine the draft Costs Order, however it is unlikely that will significantly delay the implementation of the Digital Economy Act. | |
| In a statement, BT said it was disappointed by the ruling: "We are reviewing this long and complex judgement. | In a statement, BT said it was disappointed by the ruling: "We are reviewing this long and complex judgement. |
| "Protecting our customers is our number one priority and we will consider our options once we have fully understood the implications for our customers and businesses. | "Protecting our customers is our number one priority and we will consider our options once we have fully understood the implications for our customers and businesses. |
| "This was always about seeking clarity on certain points of law and we have to consider whether this judgment achieves these aims." | "This was always about seeking clarity on certain points of law and we have to consider whether this judgment achieves these aims." |
| Prior to the Digital Economy Act, content producers, such as record companies and film studios had argued that the UK needed legislation to help them pursue illegal file sharers. | Prior to the Digital Economy Act, content producers, such as record companies and film studios had argued that the UK needed legislation to help them pursue illegal file sharers. |
| What they eventually secured was a law that compels ISPs to write to their customers at the rights holders' behest, warning them to cease their behaviour. | What they eventually secured was a law that compels ISPs to write to their customers at the rights holders' behest, warning them to cease their behaviour. |
| If the the customer does not comply, their ISP may eventually be asked to limit the user's internet access, or in extreme cases, make their personal details available so legal action can be taken. | If the the customer does not comply, their ISP may eventually be asked to limit the user's internet access, or in extreme cases, make their personal details available so legal action can be taken. |
| Opponents of the Digital Economy Act said it allowed for severe sanctions against computer users, based on little more than the word of a large corporation. | Opponents of the Digital Economy Act said it allowed for severe sanctions against computer users, based on little more than the word of a large corporation. |
| They pointed out that the act also failed to clearly define a route of appeal for those users targeted. | They pointed out that the act also failed to clearly define a route of appeal for those users targeted. |
| Rights holders argued that rather than contesting the law, companies like BT and TalkTalk ought to have worked with them to try to iron out such problems. | Rights holders argued that rather than contesting the law, companies like BT and TalkTalk ought to have worked with them to try to iron out such problems. |
| One such group, the British Phonographic Institution (BPI) which represents record companies, welcomed Wednesday's ruling. | One such group, the British Phonographic Institution (BPI) which represents record companies, welcomed Wednesday's ruling. |
| BPI chief executive Geoff Taylor said: "This judgement gives the green light for action to tackle illegal downloading in the UK. | BPI chief executive Geoff Taylor said: "This judgement gives the green light for action to tackle illegal downloading in the UK. |
| "It confirms that the DEA is proportionate and consistent with European Law. | "It confirms that the DEA is proportionate and consistent with European Law. |
| "Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of Parliament to help reduce the illegal traffic on their networks." | "Shareholders and customers of BT and TalkTalk might ask why so much time and money has been spent challenging an act of Parliament to help reduce the illegal traffic on their networks." |