Intellectual Property

Debate between Mark Field and Eric Joyce

Tuesday 7th February 2012 Westminster Hall

[Eric Joyce]

I am not sure that my hon. Friend is right about paid advertisements for illegal sites. I entirely understand the frustration at the Google algorithm producing sites that have unlawful content—we are talking about unlawful rather than legal content—but he is advocating censorship of the internet. Google would have to censor hundreds of thousands or millions of sites out there.

I am currently on the Joint Committee on Privacy and Injunctions. It is interesting that its members are sometimes tempted to say, “Hang on, we could censor that, because that is done in China or because Twitter now has a new business model so that it can constrain certain types of tweets—especially those with references to religion or politics—for regimes in certain parts of the world.” It is true that Twitter could do that and that Google could constrain what is said on the internet, but we have to look at the flipside and ask whether that is particularly healthy in a democratic society.

[Mark Field]

The hon. Gentleman is making a very interesting contribution to this debate. It strikes me that he is overly pessimistic, given his view, which is absolutely right, that the interest is essentially a slightly chaotic and libertarian organisation. As he made clear in his example, the power of the individual will overcome the influence of even the biggest and best-funded international organisations. However, does he not have the slight concern that the crime is not entirely victimless? Much high-profile organised crime and terrorism is funded through the abuse of copyright and patents, and through the lucrative sale of DVDs and the like. It would make more sense to try to address that directly, rather than to look just to uphold intellectual property laws.

[Eric Joyce]

I agree with the hon. Gentleman. I may sound as if I am making a polemical argument against copyright, but I am not. Of course it is true that many bad organisations can profit and that money can go to ropey or even to dangerous things at one end of the spectrum, but at the other end is a fat bloke in Australia who is buying cars and boats. I suspect that much of the fraud is not done by those committing heinous acts.

I shall start to conclude, because my hon. Friend the Member for Lewisham West and Penge (Jim Dowd) wishes to speak. The root fact is that, however powerfully one lobbies to protect copyright, Hargreaves has tried to look in an intelligent, evidence-based way at copyright law and the existing rules. He did so in a limited way, because sovereign states in Europe are constrained in what we can do. I do not agree with the assessment of the IPO made by the hon. Member for Perth and North Perthshire, although I agree with some of his points about the DCMS and BIS. As we know, that originated with an unfortunate comment about the very odd structure by the Secretary of State for Business, Innovation and Skills. The IPO and Hargreaves are endeavouring to have a proper evidence-based assessment. The consultation that is currently under way is entirely in earnest.

Hargreaves has urged the Government

“to ensure that in future, policy on Intellectual Property issues is constructed on the basis of evidence”.

That is not an unreasonable claim. It is true that the exceptions raised, including about education and data-mining, are possibly entirely valid, but until we see evidence and figures, we cannot tell. It is therefore important that people come forward not only with emotive arguments—they are often based simply on retaining the status quo and without any movement, regardless of technological shifts—but with evidence.

We have had the Hargreaves review and the Hooper review on the digital copyright exchange, against which I have no doubt that the hon. Member for Perth and North Perthshire will rail in a future debate. They are genuine efforts by good people to get to the root of a complicated issue. Within the copyright industry and among High Court judges—I have spoken to judges at all different levels, including those in the High Court—everyone recognises that copyright law is very old and outdated, and that it is difficult to make it fit into a modern context. Essentially, Hargreaves was trying to resolve that, as will Hooper.

To conclude, the doom and gloom with which the hon. Gentleman presented the Hargreaves review and the consultation is not a fair reflection on the efforts of Hargreaves and the IPO. I have every respect for creators who want to retain the maximum benefit for themselves—of course they do—but we must set that in the realistic context that people will copy stuff. That is the way it is, and criminalising everyone is not a particularly constructive way forward.