‘Graduated Response’ à L’Anglaise: Online Copyright Infringement and the Digital Economy Act (U.K.) 2010

Journal of Media Law, Vol. 3, No. 2, pp. 305-347, December 2011

38 Pages Posted: 28 Feb 2012

See all articles by Anne Barron

Anne Barron

London School of Economics & Political Science (LSE) - Department of Law

Date Written: December 19, 2011

Abstract

This article undertakes a comprehensive examination of sections 3-16 of the Digital Economy Act (DEA) 2010, a controversial British copyright enforcement measure that, if implemented, will trigger a species of 'graduated response' to online copyright infringement in the United Kingdom.

The article first identifies the regulatory strategy embodied in the relevant provisions, the legal context that frames them, and the background to their inclusion in the DEA. It then analyses in detail the obligations that will be imposed on Internet access providers - and the implications for Internet users - if the provisions are brought fully into effect. Overall, the article aims to illuminate the circumstances in which the provisions were drafted and reveal the conflicts they have generated - conflicts that continue to yield challenges both to their legality and to their legitimacy, and could yet make them a dead letter.

Keywords: copyright, file-sharing, digital economy, ISP liability, regulation, graduated response, three strikes

Suggested Citation

Barron, Anne, ‘Graduated Response’ à L’Anglaise: Online Copyright Infringement and the Digital Economy Act (U.K.) 2010 (December 19, 2011). Journal of Media Law, Vol. 3, No. 2, pp. 305-347, December 2011 . Available at SSRN: https://ssrn.com/abstract=1979495

Anne Barron (Contact Author)

London School of Economics & Political Science (LSE) - Department of Law ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
+44 (020) 7955 7267 (Phone)
+44 (020) 7955 7366 (Fax)

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