Australian ISP's Create Plan to Deal with Copyright Infringement, Rights Holders Reject It

November 29, 2011 -

While Americans were enjoying Thanksgiving last Thursday Australia's Internet service providers held a meeting to come to a consensus on how to deal with illegal file-sharing in the country. Their solution is a plan called "Scheme to Address Online Copyright Infringement," and it basically compels Australian ISPs to send "education and warning" notices to consumers who use their broadband connections to infringe copyright laws, according to an Ars Technica report.

The deal is the result of discussions between the Communications Alliance and five of Australia's largest ISPs that include Telstra Bigpond, iiNet, Optus, iPrimus, and Internode. The plan is a trial scheme to be reviewed over an 18-month period.

"The trial would be followed by an independent evaluation of its effectiveness including whether it produced a real change in consumer behavior and whether the Scheme should be continued in its initial form or modified for improvement," reads a press release announcing the plan.

The system uses four stages: in the first stage and within 14 days of a perceived infringement, a copyright holder can send a "Copyright Infringement Notice" to an ISP. In stage two the ISP tries to find the related IP address, and will then forward the account holder an "Education Notice" about copyright infringement. In the third stage - if the copyright holder believes that further infringements have occurred over the course of a year can continue to file complaints about the subscriber, who will then receive "Warning Notices" regarding the activities. If a subscriber gets one education and three warning notices it will trigger stage four, a "Discovery Notice" that informs the subscriber that legal action may be on the way.

At this point the rights holder can request access to the subscriber's details by a preliminary discovery or a subpoena application, for the purpose of taking direct copyright infringement action. If the ISP is served with an order, they would then disclose the offending account's information.

The Australian proposal also includes various safeguards including a "pre-approval" process for any Rights Holder that wants to participate in the trial of the plan. This apparently includes an inspection and audit of the rights holder's infringement detection technology and the system to create the infringement notices that will be sent to ISPs.

As part of this plan, a Copyright Industry Panel will be launched that will create an appeals process allowing the accused who think they have not engaged in infringement to "query the basis" of their notices "and gain further information" about the complaints against them. Finally, if an account accused of infringement has no further complaints in a 12-month period, the status of that account will be reset. If trouble should arise with the account again it would be treated as if the previous infringement claims never happened.

Interestingly enough, the plan is already under fire, but not by rights groups or internet advocacy groups. Rights holders don't think it goes far enough and have flatly rejected it, according to a report in The Australian.

The Australian Content Industry Group (ACIG), which represents music and film interests including the Australia Recording Industry Association and APRA-AMCOS, said on Monday that it would not ratify the plan. ACIG spokesperson Vanessa Hutley said the plan does not meet the industry's expectations.

"ACIG does not think the scheme proposed by the Communications Alliance and its members creates a balanced process and it falls well short of the expectations we had had for an open, balanced and fair solution," Hutley said. "We continue to hope that we can engage in positive discussions to bring about a solution to this important issue."

Pay-TV provider Foxtel also said it would not ratify the plan, complaining that it did not provide measures like the ability to slow down the connections of copyright infringers who are "repeat offenders."

"Piracy is undermining the business models and employment of thousands and thousands of Australians employed in our creative industries," the spokesman said. "It won't be addressed by one side, namely the ISPs, furiously agreeing with itself on what they believe is the solution without content providers agreeing to the proposed approach."

Source: Ars Technica


Comments

Re: Australian ISP's Create Plan to Deal with Copyright ...

Unfortunately they consider any check on them to be 'unbalanced'... 'how dare people be able to defend themselves and see the evidence of what they are being acused of! you should just act on our words!'

 
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PHX Corp@MW and AE The news media needs to stop promoting Shooters. period10/25/2014 - 7:16am
Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
quiknkoldwell then I suck as a man cause I ask for help when necessary :P10/24/2014 - 10:07pm
Technogeek(That said, mostly I was making the smartass evopsych comment because your post seemed like the kind of just-so story that has come to dominate 99% of its usage.)10/24/2014 - 10:04pm
TechnogeekHell, Liam Neeson built his modern career around it. Cultural factors likely play a far greater role than you appear willing to admit.10/24/2014 - 10:03pm
TechnogeekSeriously, though, the idea of "because women are protectors and that's why they never commit school shootings" is, at best, grossly overreductive. There's nothing inherently feminine about being willing to kill in order to protect one's offspring.10/24/2014 - 10:03pm
MechaCrashThe "toxic masculinity" thing refers to how you have to SUCK IT UP AND BE A MAN because seeking help is seen as weakness, which means you suck at manliness, so it builds and builds and builds until something finally snaps.10/24/2014 - 10:01pm
quiknkoldthere, I'm done. And thats what Christmas is all about, Charlie Brown10/24/2014 - 9:54pm
quiknkoldand I am not spouting Evopsych, technogeek. tbh I never heard the phrase till you said it. I'm going off my observations.10/24/2014 - 9:54pm
quiknkoldmoreover, the guy who did this isnt even white. He was native american according to the news report I read. Also that he went for a specific target. That's a much different picture than a certain Sandy Hook guy who will not be named10/24/2014 - 9:53pm
quiknkoldbut I am also certain nobody in their right mind is committing these shootings singing the Machoman song. these are sick individuals who have given up on life10/24/2014 - 9:51pm
Technogeekevopsych lol10/24/2014 - 9:49pm
quiknkoldWhen you suffer from mental illness, youre more likely to go by instinct. yes. I came off as sexist.10/24/2014 - 9:46pm
 

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