[LINK] The Case against IINET explained

[Rick Welykochy]

Tom Koltai wrote:

> http://www.lawfont.com/2008/11/21/the-case-against-iinet/

Interesting. Thanks.

Rather than creating test cases perhaps the "applicants" could
consider lobbying for some sort of compensation from downloaders
(and perhaps ISP customers en masse) to be paid in the main
*to the authors and artists* who own the copyright.

 From the article:

  "... iiNet authorised copyright infringement because it ...

    2. ‘Took no action in response to notifications sent by or on behalf
       of the applicants which identified that the iiNet Users were engaging
       in’ copyright infringement"

Corporate legal aid. Gross externalisation of costs. Use the legal
system to attempt to force another entity to do your dirty legal work.

I recall buying some audio cassettes and blank CDs in Canada years ago.
Clearly itemised on my receipt was a small (50c perhaps) fee for
copyright fees as applied to blank media. Regardless of what you were
going to use the media for. I grumbled for a few seconds and then got
on with life. A simple solution that funneled micropayments hopefully
back to artists (and not media moguls) for use of their copyright materials.

Dunno if there is such a fee in Australia, hidden and unpromoted as
it might be.

To continue in Canada, this is quite interesting:

<http://martinsquest.com/personal/filesharing.htm>

   "* Downloading and burning music however does not violate
      the letter of the law in Canada.
    * The legal right to privately copy music has been justified
      by way of a levy that applies to blank media such as blank CDs.
    * There is currently a $0.21 levy on CDR/Ws and a $0.77 levy on
      CDR/W-audio, contributing, in 2002 alone, over $26 million to
      authors (66%), performers (19%), and makers (15%)."

I presume Martin Braithwaite is not a lawyer.

And

<http://copyrightcanada.blogspot.com/>

discusses adding a $5.00/month fee to Canadian ISP charges to compensate
copyright owners for downloads of their materials.

<ASIDE>
This from the same country that has had RHOSP plans in place for decades.
There was a blip on the political horizon here last year from Labor that
a similar plan here could help ameliorate the housing crisis to some
degree.
</ASIDE>

Taking a course of action that sues and/or attempts to turn ISPs, customers
and others in the chain is so 20th Century.

Get with the plot, "applicants", and take a 21st Century detour into
the digital economy.



cheers
rickw




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