[LINK] Online piracy action soon?

[Jan Whitaker]

Online piracy crackdown looms
Madeleine Heffernan
Published: May 5, 2014 - 8:29AM

Media industry lobbying against online piracy is intensifying, amid 
growing expectations the Abbott government will move shortly to clamp 
down on internet service providers and the national pastime.

Fairfax Media has been told that federal cabinet will consider two 
proposals to crack down on illegal downloads as early as this week.

One is internet service providers being required to issue warnings to 
people who repeatedly download illegally. The other is forcing ISPs 
to block file-sharing websites such as Pirate Bay.

The government has promised to make ''significant'' changes to 
Australia's copyright laws as a first-term commitment, although a 
spokesman for Arts Minister and Attorney General George Brandis said 
there was no firm timetable for this. The topic is also battling for 
attention ahead of the federal budget.

Senator Brandis has warned that the government could legislate if a 
voluntary, industry-code of practice for ISPs isn't agreed. He has 
argued that ISPs ''need to take some responsibility'' for illegal 
downloading, because they ''provide the facility which enables this 
to happen''.
[Gee, electricity providers enable connecting computers to the 
network, so where's their responsibility in this equation?]

The ALP, which unsuccessfully sought a voluntary scheme while in 
government, said it would examine any policy proposal put forward. 
But it said there was no single solution and the government was yet 
to ''put forward a coherent policy proposal''.

''Labor supports the freedom of internet users, while also 
recognising that the rights of artists and copyright holders need to 
be protected,'' a spokeswoman for shadow attorney general Mark Dreyfus said.

News Corp Australia, half owner of pay TV company Foxtel, told 
Fairfax Media that copyright infringement ''hurts the creative 
community - it undermines investment, employment, business models and 
innovation.

''We support the Attorney General's approach, and while there isn't a 
silver bullet, evidence from overseas suggest that such initiatives 
do work,'' spokesman Stephen Browning said.

Australians are among the biggest pirates per capita. Debate 
continues about whether this is driven by opportunism, the delays for 
overseas content to reach here, or an aversion to the country's higher prices.

Justin Diddams, media analyst at Citi, said last week that the 
''increased volume of pirated content consumption is demand driven, 
more out of necessity'' than ''some deep ingrained convict desire to steal''.

There are also varying estimates on how much piracy costs content 
holders, depending on how illegal downloads are measured as sales foregone.

ISP iiNet in 2012 won a four-year legal battle against 34 parties 
including Village Roadshow, Disney Enterprises and Dreamworks Films, 
relating to whether it was responsible for its users' illegal 
downloads. The High Court ruled that iiNet had not authorised 
copyright infringements.

iiNet chief regulatory officer Steve Dalby told Fairfax Media that 
ISPs should not be held responsible for ''protecting the rights of 
American companies" and the above changes could cost ''in the order 
of tens of millions.''

''There doesn't seem to be any empirical evidence that either 
blocking websites or sending harsh notices to customers ... does 
anything to reduce the incidence of piracy. Show me the evidence,'' 
Mr Dalby said.

''As a secondary issue, if we are convinced that it actually will 
reduce the level of piracy, then we need to talk about who is going 
to pay for it.''

The Communications Alliance, the industry body for ISPs, has also 
argued that rights holders should fund the cost of any scheme, and 
ensure that content is available quickly and affordably.

Telco giant Telstra said it ''continue[d] to stand willing to engage 
in constructive discussion with industry and government to help 
address online piracy through means which balance the interests of 
all stakeholders including our customers and shareholders.''

Harold Mitchell, chairman of commercial TV industry body Free TV, 
said Australia needs to "consistently search for solutions that 
enable it to continue to develop its own products."

This story was found at: 
http://www.theage.com.au/business/online-piracy-crackdown-looms-20140505-37r3g.html