[LINK] SMH: 'Jail threat against internet cafe owners'
Roger.Clarke at xamax.com.au
Wed Jan 23 07:53:12 EST 2008
[Can anyone confirm or deny this claim:
"A federal police spokesman said internet cafe operators ... had a
duty of care to prevent illegal activity on their premises."]
Jail threat against internet cafe owners
The Sydney Morning Herald
Date: January 23 2008
MOST people use Tony Chen's Bondi Junction internet cafe to email
friends or browse the internet. But if any of the backpackers or
local residents frequenting his cafe, The Mouse Pad, were to
illegally download music, Mr Chen - as the cafe's owner - could face
up to five years in jail or fines of up to $60,500.
That was the stern warning yesterday from Music Industry Piracy
Investigations, the Australian music industry's anti-piracy arm.
The organisation has released a guide for internet cafes, warning
operators of their obligations in stopping music piracy.
Mr Chen's cafe operates on the principle of honesty. "I don't really
know what [the patrons] do. We haven't really got any rules."
But Sabiene Heindl, the general manager of the investigating agency,
said there were increasing numbers of complaints about copyrighted
content being housed in internet cafes.
"The suggestion is that a number of cafes are actively encouraging
people to save music on their servers, then [that content] is almost
offered as a value-add for the fee paid," she said.
Last month Australian Federal Police raided a city centre internet
cafe that allegedly offered customers large volumes of pirated
content, in what Ms Heindl said was the first criminal action against
an internet cafe for copyright breaches.
The agency has said it will also consider civil action against
internet cafes simply unaware their customers are downloading content
illegally. "It's not OK to turn a blind eye to these things," Ms
Heindl said. The proposition shocked Mr Chen, who said he had not
been made aware of his obligations or how to control the computers.
A federal police spokesman said internet cafe operators would not
necessarily be held liable for customers' actions, but had a duty of
care to prevent illegal activity on their premises.
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
More information about the Link