[LINK] Roadshow loses appeal

[Jan Whitaker]

At 07:51 PM 21/04/2012, Martin Barry wrote:
>Isn't copyright infringement a civil matter and thus would require a "John
>Doe" court action, the judge could then grant a subpoena for the customer
>details from the ISP and then the right's holder sues the correct person or
>entity?
>
>Or are the police still the first port of call?

Good question. I did a search on:
'how to take action on copyright infringement in Australia'

This is pretty useless advice from the Arts Law Council:
http://www.artslaw.com.au/legal/raw-law/taking-action-what-are-the-legal-steps/

This is much better:

http://www.copyright.org.au/admin/cms-acc1/_images/20971179354f385a4e78d05.pdf

which suggests this:
Infringement: Actions, Remedies, Offences and Penalties
http://www.copyright.org.au/admin/cms-acc1/_images/5086797654f385cd29bb40.pdf

It describes the difference between civil infringements and criminal.
So both civil actions and police actions are possible. But it's not 
the ISPs responsibility to do either, which was one of  the points 
of  the iiNet's case.

Jan




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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