PRIVACY IN CHINA; UK ISPS

No more Chinese whispers?

CRIEnglish reports that China has decided its first privacy case. The People's Court in Beijing's Chaoyang District found that a Beijing newspaper had infringed AIDs prevention regulations which stipulate that the names, addresses and details of people with AIDs cannot be published without their permission. In this case, the picture of a child who had lost her parents to AIDs and details about her were published by the newspaper.

The IPKat says that this case appears to be based on legislation restricted to situations involving AIDs, rather than providing a general privacy right, but is nonetheless to be welcomed.


Should ISPs pay for illegal users?

CNet reports that the Internet Service Providers Association has spoken out against a suggestion by AIM that its members should be subject to a Value Recognition Right, which would permit copyright owners to take money from "any company deriving value from either the sharing or storage of music”. The ISPs have pointed out that they are unable to monitor all the data that is being transferred across their channels, but AIM has argued that they are profiting excessively from infringement.

The IPKat has previously stated that if third parties are to be made to pay what amounts to a licence fee for acts which would otherwise infringe, it does not seem fair that the copyright owners should be rewarded twice by retaining the right to bring infringement actions as well. If the Value Recognition Right is introduced, the IPKat is convinced that ultimately it will be consumers who will pay for it through increased fees for internet access.