In brief: Industry schedules iiTrial briefings
- 28 February, 2011 17:18
- Comments 7
The ICT community is coming to grips with the implications of the latest outcome in the ongoing battle between film right holders and internet service providers over copyright infringement, with legal briefings set to be heard over the next few weeks for industry personnel.
NextDC chief executive, Bevan Slattery, told Computerworld Australia the data centre operator would look to establish in-person briefings over coming weeks in Sydney, Brisbane and Melbourne for industry personnel, in an attempt to better understand what effects, if any, the court battle and resulting judgements could have on content and internet service providers.
Slattery said the briefings would look to take advantage of a wide variety of legal expertise to best address the issue.
At least one other group is also planning briefings for industry this week, though details are yet to be confirmed or announced.
The briefings are expected to allow industry to come to grips with the Federal Court’s recent dismissal of an appeal requested by Australian Federation Against Copyright Theft (AFACT), who alleged Perth-based ISP iiNet had authorised the copyright infringement over its users.
Based on the two-to-one judgement in favour of iiNet, preliminary analysis has suggested ISPs may in future be held liable of allowing copyright infringements by their users, should rights holders better work with service providers in collecting evidence and providing notices of infringement.
Though a further appeal and hearings in the High Court are yet to be determined the AFACT v iiNet case, the judgement could spark the Federal Government into action on clarifying current copyright legislation.
Federal Attorney-General, Robert McClelland, on Friday used a speech to copyright professionals to announce a review into the expansion of safe harbour provisions for content service providers and the intention to provide the Australia Law Reform Commission terms of reference on copyright.
Slattery commended the Attorney-General’s department for the initiative.
“That’s been a very big hole in the current [copyright] regime and I think that it’s just an outstanding development,” he said. “Companies like Google have enjoyed those safe harbour provisions overseas and they currently don’t enjoy them here.
"It should be something that’s weighing very heavily on their mind.”
Follow Computerworld Australia on Twitter: @ComputerworldAU
- Bookmark this page
- Share this article
- Got more on this story? Email Computerworld
- Follow Computerworld on twitter
- How progressive companies are using social technologies
- Getting real about Virtual Backup and Recovery
- Lower Your IT Costs When You Standardize on Oracle Database 11g
- Collaborative software delivery: Managing today’s complex environment to improve software quality
- Forrester Research | Your Enterprise Database Security Strategy 2010
-
Amazon Web Services personalizes CloudFront web hosting service
-
CeBIT 2012: Will NBN speed up freight delivery times?
-
Coalition NBN better or worse?
-
Coalition NBN better or worse?
-
CeBIT 2012: Will NBN speed up freight delivery times?
-
Computers for Seniors for Dummies, 2nd Edition
-
Excel 2007 All-In-One Desk Reference for Dummies
-
Microsoft Office
-
Teach Yourself Visually Windows 7
-
Office 2007 All-In-One Desk Reference for Dummies
-
Windows 7 for Dummies® Dvd+book Bundle
-
Windows 7 for Seniors for Dummies®
-
Office 2007 for Dummies
-
MYOB Software for Dummies 6E Australian Edition









Comments
Brett
Having owned and managed an ISP from the very early dial up days in Sydney I sold it off a few years ago with illegal downloads being one of the reasons. I remember getting many emails every week from Sony and other US companies which were forward from the upstream data provider. We were a smaller private ISP with around 7000 users and had one tech full time contacting end users and scanning our servers for illegal music and video files. It was nearly impossible to manage and stay on top of, not to mention the cost to do so? Now when you are the size of Iinet or Optus these is no way you can manage and stay on top of illegal downloading, the case brought upon Iinet was just crazy! Yes it fairly easy to generally detect who is using the common torrent ports but another thing to prove what is legal or illegal?
Brett
David
@Brett
I understand your position. I am the IT Manager for a small regional ISP. Trying to keep on top of this stuff is time consuming and costly. Now, I am no fan of AFACT by any stretch of the imagination, but I think the issue in this case was whether iiNet, having been notified repeatedly about copyright infringement by their customers, can be fixed with having authorised the infringement due to their inaction and, to paraphrase Justice Emmett, their contumelious disregard for the rights of the other party. The issue was not their failure to be proactive in preventing copyright infringement, which appears to be what you have implied. The result of the reasons given by the Court being, that had AFACT provided a higher standard of evidence that could be verified by iiNet, and compensated them for investigating the alleged infringement, the result would have been a unanimous finding in AFACT's favour. That is what scares me. I am keeping a close eye on this, because it has the potential to seriously impact our operations.
allan
Today infringement and copyright are out the window when whole books can be scanned at home.now im not at all up with the digital age and respectfully like those who legally are trying to understand how to solve nothing, do know that any ruling,or an advert on a copied film about piracy demonstrates the fultility when the jacketed illegal copy costs as little as a dollar and is often out before screening.Its the multi million dollar criminal activity that has not been addressed.From my perspective the IT industry is squeaky clean and the real crims are rubbing their collective hands.
Samuel
@allan
Illegal copies can even be free. The current mantra of the movie studios is 'we can't compete with free'.
This is wrong, and iTunes proves this.
While CD sales are decreasing, sales of songs on iTunes have been increasing rapidly for years. A CD doesn't compete directly with online piracy - you can't get it instantly, you need to go to a shop or wait for it to be delivered. iTunes does compete directly with piracy - it's as easy to buy a song legally from iTunes than it is to illegally download it. iTunes directly competes with free, and it makes Apple very rich.
Andy
This is really about an old business model desperately trying to hang in there and using the Law as it's instrument.
Creative destruction is an important part of competition as it allows industries to modernise. Failure to innovate has been the death of many an industry, and taxpayers shouldn't support industries once they are dead, nor should the law be used to prop-up profits that are not deserved.
As iTunes showed, people *do* want to pay for data...so long as it is not clearly rip-off prices and it has a decent range. Folks don't like dealing with criminals, which is what the current industry incumbents are!
Thorne
If the movie industry was serious about killing off piracy, they could.
All it would take is banding together and providing a cheap streaming service. Currently you'll pay $30 for a DVD and watch it once or twice. The dvd cost maybe $2 for the company to make. Now if they streamed the move to your tv for $1, who would bother pirating movies?
I could download a crappy copy over several day for free or stream it right now for a dollar.
Of course if I stream it, there is nothing physical so I can't lend it to someone unless I record it and burn to a DVD which in time and materials costs more than a dollar anyway.
The NBN will either be the savior of the movie industry (in Australia anyway) or the death and with AFACT's "sue the world in submission" attitude my money is on death. Their too stupid to see the writing on the wall and change their mentality.
Lets assume they had won completely against iinet, Would this stop piracy? Nope, everyone will change technology to an encrypted system or a VPN link to outside Australia or something else. Nothing they do legally can save them. Morons!
SF
Until early last year I used bittorrent a lot. I never downloaded copyrighted material - ever, and yet I now cannot find an ISP that lets me use bittorrent because of the allegation that it is only (or often) used to download copyrighted material. (I'm looking at your BigPond/Optus/3Mobile - and quoting your overseas support staff when I complain about the port blocking and disconnects).
Unfortunately I am restricted to wireless as living next to the Canberra Airport means I can't get ADSL - so I can't use iinet. (Tell me again Telstra - how Majura is in Watson and Majura lane/rd doesn't exist...)
As a software developer, without bittorrent I can't cheaply or quickly download source code - and the current policies unfairly discriminate against those of us who cannot afford huge bandwidth bills from distributing code. It's even more difficult if you are a film maker or musician who wants to get out of the current distribution monopoly - but then, *that is the point of this charade*
While much fuss is made about "alleged" lost income by Hollywood - the privacy implications, and effect on those that use bittorrent as a legitimate distribution method are ignored. And let's not ignore the implications of ignoring due process. Isn't this a police matter?
What next - the car industry suing bicyclists for lost income? Does no one have the backbone to call "lying, cheating, scumbags"?
eg. I know of downloaders who download many copyrighted movies - and I know they would not buy a single one if they had no other choice. The figures repeatedly show the claims are false - the number of sales lost by video rental, record, and video stores is less than the internet sales and pay-per-view in the same period. And the industry profits grow every year - the share returned to the artist shrinks - but that has nothing to do with "pirates".
The reality is that Hollywood doesn't really lose any money - the internet allows them to distribute their content at far greater profit, a profit that grows with each passing year.
The real agenda here is to shut down an alternative distribution network, kill any semblance of Privacy, and remove the police from their rightful role.
Does any of the ISPs have an actual auditing process that monitors what their staff "inspect"? (I already know the answer - it's no).
What could possibly go wrong? (hint: Chile, Alan Bond).
Post new comment