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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Andrew EisenOoo, this one came down to the wire! https://www.kickstarter.com/projects/749082525/nefarious09/19/2014 - 1:03am
Andrew EisenI don't doubt that many are truly interested in journalistic integrity. The problem I'm often seeing is they seem to have no idea how or where to talk about it.09/18/2014 - 11:46pm
Andrew EisenDidn't word that well. Busy at work. I've seen people claim that GamerGate is solely about ethics and transparency in games journalism and then go on to show that what they're really after is silencing those who talk about gender issues in games.09/18/2014 - 11:45pm
Kronodebate. Becaus apparently people who only post on Reddit are supposed to police twitter before they're allowed to question anything about the people involved.09/18/2014 - 10:40pm
KronoI highly doubt many, if any are using journalistic integrity as a cover for harassment. The people harassing are essentially trolls. They aren't interested in subtle. More often it's othe other way around. People use "but X is being harassed" to shut down09/18/2014 - 10:38pm
Andrew EisenAnd exacerbating everything is the fact that all the cries of ethics violations have been obnoxious and easily proven false.09/18/2014 - 8:59pm
Andrew EisenProblem is, I would imagine, the sheer number of people who are using journalistic integrity as a cover for their harassing actions or only bringing it up on the false pretense of journalistic integrity.09/18/2014 - 8:47pm
Andrew EisenHaving said that, I can certainly see how one would be frustrated if they truly just wanted to talk about journalistic integrity and someone said they were one of the people harassing Sarkeesian, Quinn and others (though I've seen no examples of that).09/18/2014 - 8:44pm
KronoThat's been the common refrain, that talk of journalism ethics is just an excuse to harass people.09/18/2014 - 8:44pm
KronoLines like "like a partial compromise with the howling trolls who’ve latched onto ‘ethics’ as the latest flag in their onslaught against evolution and inclusion." are taring everyone questioning the ethics as a harasser.09/18/2014 - 8:43pm
Andrew EisenKrono - Except, none of the articles were talking about gamers complaining about journalist ethics, let alone called them white male misogynists. They were talking about the gamers who were harassing others.09/18/2014 - 8:36pm
Kronomakes plenty of sense. It's rather hard to dismiss someone as a white guy running a sock puppet when they've posted proof they're a woman, or black, or another minority.09/18/2014 - 8:32pm
Kronothat any critics of journalists were white guys that hated women, and could be dismissed as such. It seems to have helped some. It's kind of difficult to maintain the white guy narrative in the face of a bunch of women and non-white guys. So the tag09/18/2014 - 8:32pm
Kronothat, someone vented on a #gamergate 4chan thread about being dismissed like that. The suggestion they got in return was to organize their own hashtag in response, with #NotYourShield being suggested. Thus the tag came into use to combat the undercurrent09/18/2014 - 8:32pm
Kronomuch more general problem. And while several of the articles were fairly tame, they spured a bunch of people to dismiss any critics of the journalism involved as misogynistic men. Usually with insults aimed at the geek stereotype. After about a week of09/18/2014 - 8:32pm
Andrew EisenSleaker - Not sure what that has to do with anything but yeah, the gender percentages differ depending on how the study defines what a gamer is.09/18/2014 - 8:32pm
KronoThe rhetoric pushed by the spearheading articles that the "gamers" complaining about journalist ethics were just angry white male misogynists, insulted a lot of people that were previously fairly neutral. It made it go from a Kotaku problem, to a09/18/2014 - 8:31pm
Krono@Andrew I'm not surprised overlap exists. I expect much of it is a rush to jump on the bandwagon, either by reporting on the original articles, or rushing out their own. The point is that was a major flashpoint, much bigger than the reddit mass deletion.09/18/2014 - 8:31pm
Sleaker@AE - well the gamer trend was described with stats on Factual Femenist. Only 1 in 7 males plays games 20+ hrs going into college vs 1 in 40 females. So gaming is definitely still male dominated despite fake stats trying to say otherwise.09/18/2014 - 8:30pm
Craig R.Do conspiracies ever make sense? The fact that people are now having to defend themselves against nutjob websites like Breitbart.com shows how far down into the rabbit hole we've all been forcibly dragged.09/18/2014 - 7:05pm
 

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