Business: Wi-fi
Business, Innovation and Skills
John Whittingdale (Maldon, Conservative)
To ask the Secretary of State for Business, Innovation and Skills what steps he is taking to prevent illegal file-sharing by those accessing the internet through free wi-fi hot spots; and if he will make a statement.
Edward Vaizey (Parliamentary Under Secretary of State (Culture, Communications and Creative Industries), Business, Innovation and Skills; Wantage, Conservative)
holding answer
: The relevant provisions in the Digital Economy Act are intended to address the online infringement of copyright irrespective of whether such activity is undertaken via a personal internet connection or through a commercially-or publicly-provided wi-fi network.
Many providers of public wi-fi networks, such as universities, already take measures to prevent infringement which go far beyond what the Act requires, but the Act brings regulatory certainty and consistency.
However, the Government recognise that more clarification is needed. The Initial Obligations Code, on which Ofcom has recently consulted, will set out how this will work in practice.
Annotations
Crosbie Fitch
Posted on 9 Sep 2010 6:22 pm (Report this annotation)
John Whittingdale's question is not entirely valid.
File-sharing is not illegal per se.
Moreover, even if file-sharing involves the manufacture of illicit copies and infringes a respective holder's copyright it is still not illegal.
Copyright grants the holder the privilege of excluding others from making copies of a covered work.
If the holder does not sue an infringer then the infringer has not engaged in any illegal activity. There is a vast amount of such cultural exchange where copyright holders tolerate the infringement of their 18th century reproduction monopoly. That cultural exchange is quite legal - those who've engaged in it have done nothing illegal, e.g. distributed alcohol to minors.
Moreover, being a privilege rather than a crime, it is the copyright holder's task to police, detect and deter infringement, not that of the government.
The question should have been re-phrased as "To ask the Secretary of State for Business, Innovation and Skills what steps he is taking to advise copyright holders in deterring infringement by those utilising file-sharing software that accesses the internet through free wi-fi hot spots; and if he will make a statement."