While commending CFF's efforts and empirically its critical role in the success of the roll back of S92A, I think it extremely unwise to so quickly move into "repair mode."
Quote
As patches set upon a little breach
Discredit more in hiding of the fault
Than did the fault before it was so patch'd.
Shakespeare - King John, Act IV, scene II
During the campaign against S92A very clear direction about the issues that were of concern and needed consideration was given and these would be ignored in future consideration at considerable peril.
The risks are these:
1. Jumping in to repair S92A validates that any such legislation is required. Confirming that the Internet and for that matter ISPs are some sort of special case that deserves special consideration.
2. Repairing S92A further assumes that the infringements of copyright involved are damaging to the rights holders, something which remains to be proven IMHO.
3. A solution proposed by CFF will carry the weight of CFF's reputation and will become something that CFF will find it difficult to resile from if some flaw should arise in respect of it.
4. The focus on S92A has been necessary, but it has obscured the many other flaws in the amending Act, which have only served to further complicate the ugly legacy patchwork of privileges and submission to special economic interests that the Copyright Act represents. The amending Act took eight years to pass. It can hardly be called a success.
The correct approach I believe, is to cease the small patches, and deal with the kruft that has accumulated around this legislation on a first principals basis at arms length from mercenary self-interest and legacy beneficiaries. Their time is over.