Increased Penalties for Online Infringement? | Fieldfisher
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Increased Penalties for Online Infringement?

14/01/2016
We reported last year on the IPO study into increasing the penalty for online copyright infringement. The results of a government consultation on increasing the penalty to 10 years imprisonment (the same as physical goods) have now been published.

We reported last year on the IPO study into increasing the penalty for online copyright infringement. The results of a government consultation on increasing the penalty to 10 years imprisonment (the same as physical goods) have now been published.

In summary, the majority of the responses were initiated by a campaign by the Open Rights Group (ORG), 6% from individuals and only 3% from business. 71% of the responding businesses supported the increase in penalty, stating reasons such that online infringement is no less serious than physical infringement and the proposed change would act as  a powerful deterrent to those engaging in IP crime.  Not surprisingly, all of the Open Rights Group campaigners plus all but one of the individuals opposed increasing the sentence.   They responded that copyright infringement is not a serious crime and that an increased sentence would provide more incentive for private prosecutions, which will increase the numbers being imprisoned.

The government is now “carefully considering” the best way forward but states that it remains committed to tackling those engaged in online criminality.

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