Controversial plans to block websites that infringe on copyright laws have been dropped by the government after advice from Ofcom.
The plan to cut off access to websites that allow the wide sharing of illegally copied movies, games, software, music and other digital files was a key part of the Digital Economy Act. It had been proposed as part of a solution to intellectual property infringement.
However, Internet service providers objected to the idea that they could be ordered to switch off access to websites based on requests by copyright holders. The plan had also been criticised by online rights groups, who said it would put too much power in the hands of private businesses.
Now the measure has been scrapped on the grounds that it was 'unworkable', the government said in its response to the Hargreaves Review, a recent report on intellectual property rules.
After the Motion Picture Association last week successfully applied for a court injunction that would require BT to turn off access to Newzbin2, a website accused of breaking copyright laws, some experts said that the Digital Economy Act was not required to take action against lawbreakers.
Speaking to the BBC, Business Secretary Vince Cable seemed to accept the argument that the case may have shown another way to protect copyright under current laws.
"There are test cases being fought in the courts, so we're looking at other ways of achieving the same objective, the blocking objective to protect intellectual property in those cases, but in a way that's legally sound," Cable said.
Peter Bradwell, a campaigner with the Open Rights Group who have campaigned against website blocking, welcomed the move:
"We're delighted that the government is getting behind the Hargreaves review. The report presented a really sensible and important set of reforms, it was the blueprint for a twenty-first century copyright policy and it's great news that the government are getting behind it."
He added: "We don't really want to see website blocking at all. The best thing you can say about the NewsBin judgement is that it was through a court case and there was a clear legal process involved."
In his response Cable also announced a new set of measures designed to help the enforcement of current copyright legislation.
Those announcements include the legalisation of private copying of music and DVDs for personal use and transfer to digital devices - a widespread practice that was in fact technically illegal under current laws.
Jason Jenkins, editor of CNet UK, said that in making this change the government was simply catching up with "life on the ground".
"This matches the law with reality," Jenkins said. "The fact that allowing people to copy their own personal media onto their computer was illegal is such an anachronism I'm amazed this hasn't been done before."
As for piracy as a whole, Jenkins said that content providers ultimately needed to provide a better and more convenient service than file-sharing websites.
"I think from the UK perspective we wish they'd just hurry up and get on with it. These companies are losing their war against piracy. It's pretty obvious what needs to be done to attract people away from 'free' it's just that getting it done seems to be beyond the wit of many companies out there."
Copyright law specialists said that the changes could have more of an impact on electronics manufacturers, freeing them up to openly sell devices to enable people to back-up content at home.
Guy Wilmot, Solicitor at Russell-Cooke LLP said:
"Breach of copyright by copying within a household is rarely if ever enforced, unlike file sharing with strangers which is treated very seriously. The argument is that the problem for innovation is that companies are cautious about developing technology to facilitate home back-up copying as they fear legal consequences such as being found to be a ‘secondary infringer’, however some caution is advised as to whether this is really an issue as the same rules never stopped double-tape decks from being sold.”
Parodies of existing works will also be allowed without the permission of the original copyright holder, as will 'data mining' of research materials, a request often made by scientists and other researchers who were previously hampered by copyright restrictions.
The government also announced a feasibility study on the establishment of a Digital Copyright Exchange, where licences "can be readily bought and sold", though it is not yet know what form that could take if introduced.