From this article it would appear that ISP's will have to start blocking access to websites that host copyright material (unless I've read it wrong) the same way they block access using the IWF filters. We may think "that doesn't effect us, we don't download copyright content!" but, maybe we do without knowing. Recently the National Portrait Gallery went up against Wikipedia. A user from Wikipedia (WMF) downloaded thousands of images from the NPG and stuck them onto the wiki. Under US law the images could be claimed as "public domain" but in the UK, where the images came from and were "stolen" from, the images are still under copyright. Now, if I'm reading this legislation correctly, NPG has a very strong case to accuse the WMF of mass copyright infringment, which would lead to the filter adding WMF to the list of "banned" websites. If we break it down a little bit:
whether a substantial proportion of the content accessible at or via each specified online location infringes copyright,
Debatable, I'd guess the WMF hosts millions, or at least hundreds of thousands of images, the case in question was several thousand images, would that be classed as substantial? Would it be a get out clause with sites that do break copyright law adding more legal than illegal content?
the extent to which the operator of each specified online location has taken reasonable steps to prevent copyright infringement content being accessed at or via that online location or taken reasonable steps to remove copyright infringing content from that online location (or both),
They sent in the lawyers, the WMF ignored it and quoted US law as a precedent over UK law, I think that's what that means.
whether the service provider has itself taken reasonable steps to prevent access to the specified online location,
Someone may have to help me with that, does it mean the ISP has taken reasonable steps?
the extent to which the copyright owner has made reasonable efforts to facilitate legal access to content,
All the images were freely available for personal use from the NPG website, it passes that hands down. From my reading of it, the NPG have taken all the reasonable steps available to them and were ignored by the NPG, now with this legislation, the NPG could apply to the courts to have the WMF added to the blacklist which would block access to it from everyone in the UK. Is this law a danger? Should websites like WMF respect other countries copyright laws? Will it actually have any effect or will people use a proxy to skip around the blocks?