Yesterday’s leak of Vince Cable’s response to the Hargreaves report into the Digital Economy Act
(DEA) set tongues wagging. The headline was as expected: ‘web-blocking’, the practice whereby copyright infringers are barred from internet access, will be dropped because it is
unworkable. In line with Hargreaves’ recommendations, Cable also plans to remove restrictions on using copyright material to create parodies, which is excellent news for Downfall
enthusiasts. And he will rationalise copyright law to legalise supposedly forbidden practices like copying CDs onto an i-Pod. Finally, Cable has permitted an exception from
copyright for data mining for research purposes. The Business Department and the Treasury believe that these reforms will net the
economy an extra £8bn a year.
Cable’s speech is part of the DEA’s ‘reboot’, designed to enable it to come into force. But there are still substantial impediments to traverse. A dispute in the Court of Appeal about who will pay to police whatever system finally emerges (service providers and/or copyright holders) is to be fought this autumn; and the subsequent decision may then be referred to the Supreme Court or Strasbourg.
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