HK government has published a consultation paper to seek public
opinion on how best to tackle intellectual property rights (IPR)
violations on the Internet.
In a gist, the government is studying if it's necessary to make
unauthorized uploading and downloading of copyright works through
P2P technology a crime.
The consultation period ends on April 30, 2007. Interested
parties can send their views to co_review@citb.gov.hk or visit
www.citb.gov.hk/cib.
The consultation paper suggests Internet service providers
(ISPs) maintain records of the users to help copyright owners
identify IPR violators.
Among the other suggestions are: a system to efficiently track
down infringing materials on the Net or blocking the access to such
materials and awarding statutory damages for copyright
infringements.
Secretary for Commerce, Industry and Technology Joseph Wong, who
announced the publication of the paper yesterday, said the
government was launching the next phase review of the copyright law
to meet the challenges of the digital era.
"As we know this is a very complicated, controversial issue, we
hope the industry and members of the public will fully weigh the
pros and cons of our proposal.
"For this reason, we not only list out in the consultation paper
problems we envisage, but also practices in overseas societies that
face the same problems," he told a press conference.
"We totally understand the need to strike a perfect balance
between the interest of copyright owners and the privacy and
benefits of the users.
"As an international trading hub in the region, sound protection
of the IPR is one of Hong Kong's most important assets and
advantages," Wong said. The government has an open mind on enacting
a legislating on the basis of the proposals.
Information technology constituency legislator Sin Chung-kai
welcomed the consultation paper as a whole, but said the proposal
was rather controversial because it increased the Internet service
providers' burden.
"Also, it looks that the proposal is inconsistent with the
Telecommunication Ordinance," he said. "That's because under the
existing law, the ISPs serve as a channel only, and hence, it's
doubtful if they could maintain or inspect the records of their
customers."
Internet Society Hong Kong chairman Charles Mok felt the
proposal would increase the cost of the ISPs.
"Technically, it's hard to distinguish what infringement is and
what is not," he said. "In fact, the government can rely on
existing laws as it did in the recent prosecution in an IPR
infringement case in which BT technology had been used.
"Again, privacy of the users is at risk. Although the large
majority of users are law-abiding people", they would be under
constant surveillance.
(China Daily HK edition December 20, 2006)