[LINK] Comms Alliance's proposed anti-copyright measures

Jan Whitaker jwhit at melbpc.org.au
Sat Nov 26 08:47:11 AEDT 2011

At 07:59 AM 26/11/2011, Kim Holburn wrote:

>There' a review of it here:

Interesting review with nothing in it much about how content users 
feel about it. They obviously weren't consulted. This isn't a 2-way 
problem. It's at least a 3-way, if you include consumers, and 4 if 
you include regulators. I guess humans aren't able to step back and 
see that most situations involve more than 2 points of view.

There seems to be a missing aspect. So, OK, a notice is received. 
Then what is the account holder supposed to do to satisfy the rights 
holder? All it says is:
that failure to act on the Education Notice may result in further 
action by the Rights Holder;
If I were an account holder with a teenager ripping down whatever, 
probably the most I would do is tell the kid to stop. Is that enough? 
Does it satisfy the rights holder in any way? I very much doubt it. 
Just telling the user about content access options and that they may 
want to get legal advice doesn't educate anyone on what is wanted 
from the account holder who wouldn't have a clue of what the ISP or 
the rights holder wants them to do. Are they supposed to destroy 
copies? Write to the rights holder and 'confess'? What?

This is what happens when not all parties are present to review a 
procedure. Major steps are missed. Unless I missed something in the Proposal?

There is also the issue of how the rights holders are getting the IP 
addresses. Of course, CommsAlliance is silent on that.

There is also the little matter of dynamic addresses. Since that is 
the information that triggers a process (presumably acquired by the 
rights holder through some means, since the ISPs aren't watching on 
their behalf), the data about effectiveness will be questionable 
UNLESS the ISPs are watching repeat offenders appearing on the notice list.

Needs more work and some involvement by consumers. I think they've 
just made a very complicated system (copyright assertion) even more 


>On 2011/Nov/25, at 1:00 PM, Richard Chirgwin wrote:
> > Here (PDF):
> > 
> http://www.commsalliance.com.au/__data/assets/pdf_file/0019/32293/Copyright-Industry-Scheme-Proposal-Final.pdf
> >
> > Haven't read it yet so not ready to comment ...

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