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The Effectiveness and Legislation Compliance of The Digital Economy Act 2010 (2011)

Ref: law0013

Lord Mandelson claimed The Digital Economy Act 2010 was needed to upgrade the United Kingdom’s “legal and physical digital landscape”  and, regarding copyright of digital content, “to update our copyright regime for a world in which we use digital content in radically new ways.”  This new legislative measure, largely supported by the British Phonographic Industry, shifts the emphasis towards regulatory models that enforce old laws designed to protect ‘old media’, and subsequently penalizes those who download copyrighted digital content. Government and internet service providers (ISPs) are now in dispute over whether these provisions impose an obligation to monitor and control their customers’ use of material. This will arguably create confusion for businesses relying on free-access Wi-Fi to draw customers to their traditional businesses. Ofcom is now under a statutory obligation to develop a regulatory system that punishes behaviour damaging to ‘old business models’ without protecting copyright owners in the “radically new way” Lord Mandelson claims the act will achieve.  The paper critically analyses ss3-17 of the Digital Economy Act 2010, highlighting the shortcomings of both the legislation and the requirements placed on Ofcom, and will challenge the underlying assumption that legislation can always solve the problem of enforcement of high demand media in a modern information-based digital UK.


  • 10,000 words – 28 pages in length
  • Good use of literature
  • Expertly written throughout
  • Outstanding piece of work
  • Ideal for law and business students 


Methodology
Objectives
Development of Question
Research Strategy
Literature Arrangement
Limitations
Further Research
Acronyms


The Act and its Effects
Background
An Overview
Technical Concerns
Privacy
ISP Effects
Wi-Fi Effects

Analysis of the Law
EU Law
Directives
The’ Internet Freedom’
Ofcom’s IOC
Graduated Response

Changing Norms
LiveNation Entertainment
International Obligations
Legal Enforceability
Practically Unenforceable

Conclusion

References



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