(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a villein the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.
(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.
(40) To no one will we sell, to no one deny or delay right or justice.
(61)[...]We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part of these concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.
The Digital Economy Bill is not so clearly written, but:
(1) This section applies if it appears to a copyright owner that—
(a) a subscriber to an internet access service has infringed the owner’s copyright by means of the service; or
(b) a subscriber to an internet access service has allowed another person to use the service, and that other person has infringed the owner’s copyright by means of the service.
(2) The owner may make a copyright infringement report to the internet service provider who provided the internet access service if a code in force under section 124C or 124D (an “initial obligations code”) allows the owner to do so.
Which sounds like it's 'own unsupported statement, without producing credible witnesses to the truth of it' to me.
124H Obligations to limit internet access
(1) The Secretary of State may at any time by order impose a technical obligation on internet service providers if the Secretary of State considers it appropriate in view of—
(a) an assessment carried out or steps taken by OFCOM under section 124G; or
(b) any other consideration.
Not 'lawful judgement of his equals or by the law of the land' or 'proportional' or 'assessment on oath of reputable men of the neighbourhood', just 'any other consideration' the Secretary of State feels like.
302A Power to amend Part 1 and this Part
(1) The Secretary of State may by order amend Part 1 or this Part for the purpose of preventing or reducing the infringement of copyright by means of the internet, if it appears to the Secretary of State appropriate to do so having regard to technological developments that have occurred or are likely to occur.
[...]
(5) The power may be exercised so as to—
(a) confer a power or right or impose a duty on any person;
(b) modify or remove a power, right or duty of any person;
(c) require a person to pay fees.
Again, the Secretary of State can make anyone do anything, or pay anything, without due process, preserving livelihood, lawful judgment. It's the exact opposite of the 'anything by which any part of these concessions or liberties might be revoked or diminished' being 'null and void and we will at no time make use of it' clause.
I'm not a lawyer, but I'll take the drafting of Geoffrey de Mandeville and the other 24 Barons from 1215 over Peter Mandelson and Sion Simon.
For a thorough legal discussion, read Lillian Edwards post, then sign the petition and join the Open Rights Group.
2 comments:
Kevin, are you ready to endorse copyright abolition?
Copyright abolition? Where did you get that from? I'd like copyright to return to a more reasonable term length, and per Lessig, to require registration to renew after an initial term (eg 14 years), as the 'infinite term on the installment plan' model isn't working.
Did you read the UK Gowers report? It makes the economic and cultural arguments well.
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