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

John Hilvert john.hilvert at gmail.com
Sat Nov 26 15:18:57 AEDT 2011

As a former IIA insider, it really looks like an ambit claim for the ISPs.

There does not seem to be a single bone thrown to the rights holders. The
reference to ISPs' agreeing to provide certain information to copyright
holders - after the rights holders jump through a series of hoops - so they
can lodge a summons and get an alleged infringees details' is already
available under Division 7.3 of the Federal Court Rules 2011.

This allows a copyright owner to seek the information it needs, ie identity
of ultimate copyright user against whom it may seek to take action. It also
lets the Court consider relevant statutory, contractual, equitable and
other obligations of the ISP. (I acknowledge ADA's submission for amicus to
the forthcoming HC for this lead, by the way).

On top of that there is a fairly sharp rebuke for the studios for sitting
on their content and declining to make it available until their UK and US
head offices agree. The plea for new business models is unlikely to be
taken up, mainly because it cuts across settled arrangements such as
regional distribution rights - notwithstanding technology such as
BitTorrent and even proxy software that lets a determined user see many of
the goodies available via Hulu.com et al

The battle lines are clear now.

ISPs will agree to a code provided they get reimbursed for their work and
the rights holders take on all legal liabilities.

Rights holders will accuse ISPs of authorising infringement under s101(1A)
unless ISPs' enforce all allegations of copyright infringements by their
customers without reimbursement or legal indemnities.

There's a lot more horse trading yet.

But I think the end game - c 2020 maybe, with some Government coaxing  -
will see more and cheaper access to content possibly via ISPs - Telstra,
iiNet, AppleTV and Internode are signalling their interest in return for
some tightened controls and warnings for serial copyright infringers.

On Sat, Nov 26, 2011 at 12:01 PM, David Boxall <
david.boxall at hunterlink.net.au> wrote:

> On 26/11/2011 8:47 AM, Jan Whitaker wrote:
> > ... I guess humans aren't able to step back and
> > see that most situations involve more than 2 points of view.
> > ...
> Do most people acknowledge more than one point of view (particularly
> when they have skin in the game)?
> --
> David Boxall                    |  Dogs look up to us
>                                |  And cats look down on us
> http://david.boxall.id.au       |  But pigs treat us as equals
>                                                    --Winston Churchill
> _______________________________________________
> Link mailing list
> Link at mailman.anu.edu.au
> http://mailman.anu.edu.au/mailman/listinfo/link

John Hilvert

More information about the Link mailing list