The Digital Economy Bill was drafted in order to "ensure a world-class digital future following the Digital Britain White Paper, published on 16 June 2009, setting out the Government's ambition to secure the UK's position as one of the world's leading digital knowledge economies and take forward a new, more active industrial policy to maximize the benefits from the digital revolution".
In your opinion, and in light of the recent media backlash, how has the original philosophy behind the Bill changed and why do you think this is?
Copyright, the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. This word “Copyright,” is what this Digital Economy Bill basically boils down to.
Upon first hearing about the bill and listening to some of the main developers of this bill, such as Stephan Timms and Peter Mandelson, there are some very good points being made when it comes to the current state that the British and global entertainment industries epically in the current sate of the economy.
The original philosophy of this controversial bill was to try and catapult Briton into being on of the digital leaders of the world as well as creating digital businesses of the 21st century, all while trying to turn around the trend in an industry that is ever becoming, less and less profitable as broadband gets faster, hard-drives get smaller and the sense of guilt for illegally attaining music, film or games is becoming non existent.
One of the reasons I feel for such a drastic and controversial bill could be because of the economy and the recent disastrous recession that has crashed through all industries and businesses. Briton has a creative sector, providing jobs for more than 1.8 million people in the UK. With unemployment booming and illegal file sharing persisting, it could be said that this bill has been introduced to try and bring much more money back into the economy. This could be seen as quite a fair feeling for Map’s such as Mandelson and Timms and is easily justifiable, however there are some aspects to this bill that seem to try to go beyond putting a stop to file sharing.
If this bill was to pass, this would allow any future secretary of state sweeping powers to take action against any user who is accused of illegal file sharing, with out any proof, possibly disconnection, al this with out setting foot in court, giving it the nickname, “The copyright protection and punishment bill”. This seems to not only be a skewed version of the original philosophy of the bill, but in also many ways a breach of democracy.
Another reason why I feel that this bill is not a step forward for the economy into the 21st century and the digital age, is that it seems that people like Mandelson are trying to keep Briton in the, “Analogue Age”. MP’s are doing this by trying to protect the particular outdated business models used in music and film. I feel that only so much should be done for this over paid, over priced industry.
It was Darwin who said, “Survival of the fittest,” this attitude should be taken towards business, businesses who can not adapt to their surroundings, as in piracy and an ever online demand for content, should not be allowed to go on. Businesses such as Spotify and Last.fm, offering music for free, on demand and also making a profit at the end of the year, should be what businesses in these industries should be striving towards. These kinds of businesses that revolve around what the customer wants are a step forward for the digital economy however if this bill was to allow outdated businesses to continue, it would further delay Britons potential to be a beacon to the rest of the world on how businesses are to handle this new digital age.
There are two main aspects to this bill which I feel go completely against its original philosophy. One aspect is the unprecedented power that it would give to ministers over the Copyright, Designs and Patents Act. This part of the bill, known as clause 17, would allow parts of the act to be changed, without having to be presented in the House of Lords. This could potentially lead to the monitoring of users data where no illegal activity of any nature is taking place. This is a massive breach of privacy and gives the government a window into the home of almost every household in the UK.
The second main reason why i feel that this bill has alliterative motives, that separate to the philosophy of the original bill is mainly to do with the far from realistic target to implement the more drastic measures of this bill if piracy does not fall by 70%. As mentioned before, one of these more drastic measures in the bill is the ability for anyone to be punished for illegal file sharing without evidence and without a court hearing and this i feel will be violently abused by big media businesses. Studies have shown that illegal downloads have become 150 times more profitable for businesses than legal sales and once broken down this bill seems to become less about protecting copyright and more about punishing the avid music listener.
On average, every case that alleged file sharers pay out is around €450. Of this money, 80% goes to the anti-piracy outfits, in this case the government, and therefore 20% to the copyright holders. This works out as for a €0.60 illegal download would end up giving these big music companies €90 per infringement. This is one of the reasons why i feel the music industry is especially happy with this new bill as well as the government who can make €360 per offense without having to provide evidence that the accused is guilty.
Based on the points raised i feel that this bill has completely transformed from the philosophy of trying to put Briton ahead of the rest of the world in terms of its digital economy, to a bill that could cripple its digital growth and potentially damage its growth.
