Quote:
Originally Posted by rryles
Section 28A of the Copyright, Designs and Patents Act 1988 was added in 2003 by Statutory Instrument 2498 as follows:
Quote:
Making of temporary copies
28A Copyright in a literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enableâ€â€
(a)
a transmission of the work in a network between third parties by an intermediary; or
(b)
a lawful use of the work;
and which has no independent economic significance.
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Can't fault any of the other excellent deconstructions on this section of the Copyright... but here's another one glaring at BT.
The
sole purpose of which is to
enable transmission between third parties.
If a purpose of taking a copy is to allow offline filtering for keywords, that's not the
sole purpose of the copy.
So then it remains to answer, is it a lawful use of the work to intercept and copy it? It would be lawful if they had a copyright licence, or a warrant. Otherwise it obviously isn't lawful.
If that's the best they can do... BT are going to pour their coffers into the pockets of web site creators if this is switched on.
To the point where investment in next generation infrastructure is going to be the very least of their problems.
Pete.