Fair and proportionate use
While the intent of this amendment was to remove arbitrary decisions by ministers and allow judges to block the likes of PrirateBay, the effect is to open up internet censorship and yet another avenue for legal blackmail.
Censorship; Reuters breaks a story which is not favourable to a UK politician and uses an image of that person to illistrate the storey. Layer claims that image is copyright and gets injunction from judge forceing every ISP in Britian to block all access to every Reuters website. This delays the storey long enough for spin control though the ISPs have to pay to implement the ban. Another judge then throws out first injunction for being stupid and ISPs have to pay to remove the ban. Who pays the ISPs?
Blackmail. How about one of those ambulance chaseing b*stards you see on TV rings you up at home. He has just spotted a picture of you on the internet and says he is willing to give you 20% of whatever he can get and you don't have to do anything. He then contacts the companies hosting your image and tells then that for a small 'fee', he wont have them shut down for copyright infringment. If they don't pay up, he attempts to get an injunction. If that fails he is not out of pocket. If it succeds, the ISPs have to pay to implement that ban, the company involved looses all its web presence and the b*stard still doesn't have to pay a penny. When the company pays him to lift the injunction and go away, he gets the money but the ISPs still have to pay to lift the ban. Who pays the ISPs?
And at the end of the day, people who want to access PirateBay or similar sites, can continue to do so with only minor inconvienence.