[LINK] Govenment calls UN on piracy ruling

[Jan Whitaker]

[can I change my vote from last time?]

Disconnecting pirates from the net OK: government
  Asher Moses
June 9, 2011
http://www.theage.com.au/technology/technology-news/disconnecting-pirates-from-the-net-ok-government-20110609-1fua4.html


Disconnecting movie and music pirates from the internet would not 
breach human rights and international law, the federal government 
says, disputing a UN report released this week.

But the Attorney-General's department said the government remains of 
the view that ISPs and content owners should negotiate a solution to 
piracy as opposed to the government stepping in with new laws.
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The music and film industries have long pushed the government to 
introduce "three strikes" or "graduated response" legislation that 
would see people accused of repeatedly infringing copyright subjected 
to penalties including warning notices and eventually, disconnection. 
This process would take place without any involvement from the courts.

On Monday, the music industry backflipped on these demands, while the 
film industry remained of the view that strict penalties including 
disconnection should apply to repeat copyright infringers. Sources 
said the music industry softened its stance after realising both the 
government and the ISPs would not accept a policy that saw Australian 
families cut off from the internet.

The UN report, prepared by its Special Repporteur on the promotion 
and protection of the right to freedom of opinion and expression, 
Frank La Rue, urged governments to abandon graduated response 
schemes. It found internet access was a human right.

"The Special Rapporteur considers cutting off users from internet 
access, regardless of the justification provided, including on the 
grounds of violating intellectual property rights law, to be 
disproportionate and thus a violation of article 19, paragraph 3, of 
the International Covenant on Civil and Political Rights," the report reads.

"This also includes legislation based on the concept of 'graduated 
response', which imposes a series of penalties on copyright 
infringers that could lead to suspension of internet service, such as 
the so-called 'three-strikes-law' in France and the Digital Economy 
Act 2010 of the United Kingdom.

"In particular, the Special Rapporteur urges States to repeal or 
amend existing intellectual copyright laws which permit users to be 
disconnected from internet access, and to refrain from adopting such laws."

A spokeswoman from the Attorney-General's department said the 
government "supports an industry based solution to this issue as the 
preferred approach to addressing unauthorised sharing of copyright 
materials on the internet".

Asked whether the government agreed with the UN report and whether 
the conclusions of the report effectively scuttled any chance of a 
graduated response scheme being implemented in Australia, the 
spokeswoman questioned the accuracy of the UN report.

"There is no established principle of international law that any 
interference with internet access would necessarily amount to a 
breach of freedom of expression," the spokeswoman said.

The Australian Federation Against Copyright Theft (AFACT), on behalf 
of the film studios, also said that it did not agree that a graduated 
response scheme was a breach of human rights. It said it believed the 
protection of intellectual property was a human right.

Critics of graduated response schemes say it will result in people 
losing internet access based on an untested allegation of copyright 
infringement. It would also mean people in share houses could lose 
internet if one person was a repeat pirate or if someone used their 
unsecured Wi-Fi networks to infringe copyright.

David Vaile, executive director of UNSW's Cyberspace Law and Policy 
Centre, agreed with the UN report.

He said content owners had enough remedies through the courts to 
tackle copyright infringement without requiring ISPs to do their 
bidding. This would also allow the alleged infringer to have their 
day in court and for evidence to be tested.

But Vaile worried that ISPs were negotiating "at the point of a gun" 
with content owners and this could have bad consequences for 
Australian consumers. While iiNet beat legal action from the film 
studios the judge left open the door for ISPs to be liable for 
customers' illegal downloading.

"This raises the prospect of ISPs negotiating away their customers' 
rights to digital citizenship to save their own skins," Vaile said, 
arguing consumers should have a seat at the table of any negotiations.

Vaile was highly critical of content owners, saying they were seeking 
to change rules and regulations around the internet in their favour 
"to mitigate their creative failure to adapt their business models, 
predicated on old technologies, to changing technological realities, 
and again offer products that people are able to conveniently access 
and willing to buy at the price and conditions set".

But Michael Speck, who ran the music industry's high profile case 
against file sharing network Kazaa and is now in partnership with the 
creator of Kazaa on a legitimate version of the service, took aim the 
UN report and Vaile's argument.

He claims international law should not be used to serve the interests 
of those who misappropriate intellectual property.

"Put bluntly, not protecting the opinions or expressions of artists 
is a breach of their human rights," said Speck.

"Freedom of speech or expression, despite being routinely proffered, 
has never been a defence for online infringers of copyright, 
terrorists or paedophiles."

Speck said it was "weak" for the music industry to back down on 
demands for a graduated response scheme in its negotiations with ISPs.

"They want three strikes but they don't want to disconnect - then 
what is the point?"

Pirate Party Australia, as one would expect, opposes any measures to 
crack down on pirates or disconnect their internet services.

"The rule of law should never be abandoned to protect failing 
business models, no matter how much money movie studios and record 
labels donate to major political parties around the world," party 
spokesman Simon Frew said.


Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com

Our truest response to the irrationality of the world is to paint or 
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

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