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IPR Enforcement

IPR enforcement on the Internet is highly contrversial as measures may entail some form of content blocking and impose new liabilities on ISPs and content platforms. Blocking measures immediately engage the right to freedom of expression.

This section monitors aspects of EU policy which relate to IPR and copyright enforcement from 2009. It covers a variety of industry-led proposals, including early moves against Internet providers. Iptegrity provided almost exclusive coverage of the European Commission's proposed Notice and Action Directive. It was subsequently shelved - but will it re-appear? The section also logs industry moves which may influence the policy agenda and seeks to understand ways in which European IPR enforcement policy could change or evolve.

If you like the articles in this section and you are interested in copyright enforcement policy in the EU, you may like my books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the 'Telecoms Package'

You might also like my latest book 'The Closing of the Net' which examins corporate power and Internet policy, including 3 chapters on copyright.

Were eBay and Amazon - the two e-commerce platforms who signed - bulldozed into this?

The European Commission has quietly brokered an industry agreement on 'notice and takedown' which will apply to major e-commerce hosting sites. The current signatories are a long list of rights-holders - eg Adidas, LVMH, MPA, Lego Group, Nike, Proctor and Gamble, Richemont, Microsoft, Unilever - plus the two major e-commerce platforms, eBay and Amazon.

The agreement, signed on 4 May, comes as a surprise to those outside the Commission, as the talks appear to have been held in secret. It is a 'Memorandum of Understanding' (MoU) which means that it is not legally binding, but may be used by rights-holders to pressure Internet companies.

The MoU is intended 'to enhance collaboration' between rights-holders and Internet e-commerce hosting companies. Specifically, it

Read more: European Commission brokers eBay counterfeit takedown agreement

The European Commission has terminated secret talks aimed at brokering a Europe-wide agreement on Hadopi-style measures, just one day after Commissioner Barnier defended the talks in a written answer to the European Parliament. But why does the Commission still pull a veil over the MoU?

The European Commission has formally replied to MEPs Stavros Lambrinidis and Francoise Castex on the matter of the secret copyright enforcement talks being hosted by DG Markt ( the talks were previously uncovered in iptegrity.com). The reply was sent by Internal Market Commission Michel Barnier, and it denies the previously leaked information, saying that the talks are open and promote an exchange of views to find solutions to the online copyright enforcement problem within the existing legal framework.

Read more: Commission slams the lid on EU Hadopi talks

IFPI, the international music industry lobbying group,  has  put a new spin on  authorised  credit card transactions.

 

In a new  tactic against file-sharing and other sites, IFPI will ask the police to authorise the closure of  credit card payment facilities. The intention is to stem the flow of funds to the websites, which will ultimately be forced to close.  Mastercard and  Visa  are the two credit card  companies currently working with IFPI. The police force involved is the Economic Crime directorate of the  City of London police.

 

The way it works is that IFPI's investigators will inform the City of London police about websites which they accuse of infringing copyright. The police will have to ‘verify' the evidence - and it is unclear exactly what ‘verify' means in this instance.

 

The City of London police will

Read more: IFPI gets police authorisation for Visa card shut-downs

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May 2024: Iptegrity is being re-developed to upgrade the Joomla software.

Please bear with us until the new site is ready.

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten. I am an  independent policy advisor: online safety, technology and human rights. In April 2024, I was appointed as an independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users. I am a published author, and post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. I cover the UK and EU. I'm a former tech journalist, and an experienced panelist and Chair. My media credits include the BBC, iNews, Times, Guardian and Politico.

Iptegrity.com is made available free of charge for non-commercial use. Please link back and attribute Dr Monica Horten.  Contact me to use any of my content for commercial purposes.  

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review