Too late for a good idea

Is it ever too late for a good idea. Sometimes the world just moves along and makes what would have been a good idea obsolete. One of the local free newspapers (Metro) reports that the government wants to take a softer approach on illegal file sharing. Despite the uncertainty of the source – I rarely trust tabloids and free newspapers even less – it is an interesting idea.

The idea now is not to send in the police at once but rather have the copyright holder send the infringer a letter. The reporter makes this all sound like a matter of sending a polite reminder much in the tone of “Uhm, excuse me… but you seem to be infringing my copyright”. If the infringer then does not react a civil suit will follow.

This idea is long overdue. Digital copyright infringement should be a civil procedure rather than a criminal one.

Unfortunately the idea may be so long overdue as to be useless. The world has changed and I am not sure that there is any longer a window of opportunity for this idea. In part this is because the habits and expectations of internet users have changed and in part because the interpretation of our international obligations may require us to use criminal rather than civil procedure.

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