Archive notice: This article was originally published on May 27, 2008. Links and embedded videos are preserved as part of the historical record.
On the occasion of today’s passage of the “Act to Improve the Enforcement of Intellectual Property Rights” by the Bundesrat, ANGA, the Association of German Cable Network Operators, BREKO, the German Broadband Association, BVDW, the German Digital Economy Association, the European Network Operators Initiative EIN, eco, the Association of the German Internet Industry, and the Association of Telecommunications and Value-Added Service Providers (VATM) urgently appeal to legislators to reject the music and film industry’s far more extensive demands. The Enforcement Act has achieved a just-about-acceptable compromise in combating copyright infringements. Even before the law enters into force, rights holders are calling this compromise into question again with one-sided demands for the forced disconnection of Internet access in response to alleged copyright infringements. This would not only constitute massive interference with fundamental rights, but would also damage the economic development of information and communications technologies. And Germany’s economy is existentially dependent on precisely this ICT development.
Oliver Süme, eco board member for law and regulation, comments: “The music and film industry’s prominently voiced accusation that providers profit from copyright infringements is just as false as its blanket suspicion of 40 million Internet users, who use the World Wide Web overwhelmingly legally. Measurements at Germany’s central Internet exchanges have shown that the music industry’s claims about the scale of illegal file-sharing use cannot be correct. We oppose completely excessive demands such as the forced disconnection of Internet connections from which copyright infringements have allegedly been committed.”
Malini Nanda, head of law and policy at IEN, comments: “Following the example of French plans, the music and film industry is calling for a system in Germany to sanction Internet users by withdrawing their Internet connection in cases of repeated copyright infringement. Only on April 10, 2008, the European Parliament expressly rejected this approach in its resolution on the European cultural economy as being ‘in conflict with civil liberties and human rights and with the principles of proportionality’. However little we can tolerate infringements on the Internet, unlawful interference with fundamental rights cannot be the solution!”
Rainer Lüddemann, managing director of BREKO, adds: “In the information society, Internet access is an indispensable basic service for many people, without which participation in society and, in many cases, working are no longer possible. With triple-play connections, a network block would also affect television and telephone service. This is disproportionate, especially since the connection holder is often not the infringer at all.”
VATM managing director Jürgen Grützner comments: “The companies we represent provide infrastructure that is indispensable to the economy and society. They are neither responsible for copyright infringements on the Internet nor do they have even the slightest chance, amid mass Internet traffic, of judging exactly where the boundary between their customers’ permitted and prohibited actions lies in each case. It is legitimate for the music industry to try to pursue copyright infringements. But this must not be done by any means whatsoever, particularly when such an important and ultimately constitutionally protected area is involved. ”
ANGA managing director Peter Charissé: “The music and film industry’s sweeping demands lack any sense of proportion. They are further evidence of the tendency for the interests of infrastructure and network operators to be increasingly crushed. German copyright law is already tilted in favour of rights holders, and this must not be reinforced further. What is needed instead is a fair balance that also adequately takes account of telecommunications providers’ concerns.”
BVDW legal counsel Gerd M. Fuchs criticises the music industry’s attempt to change the previously balanced legal framework at the expense of the affected businesses, thereby massively interfering with fundamental rights and business models. “Unsubstantiated claims are being used here in an attempt to enshrine in law massive infringements of the protected fundamental rights of Internet users and companies for the benefit of rights holders. But this places all Internet users under general suspicion and also imposes an immense burden on the Internet industry. This cannot be consistent with balanced and practicable legislative reform.”
