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Australian ISPs consent to three-strikes-plus-court order anti-piracy plan
Australia’s internet service providers (ISPs) and Huge Content have released a first draft of a planned anti-piracy scheme.
Let us get into that file, which summarizes a scheme rightsholders must produce a regular Infrigement Report, if they so want, so that ISPs can automate processing of incoming claims. ISPs might not need to investigate all claims: the code says “No ISP will probably be obliged to process more than a [minimal stated amount] of Infringement Reports during a given calendar month during the first 18 months of functioning of the copyright notice system.”
An essential component of the Infringement Report is an indemnity to the ISP: carriers can sit on their hands eternally, without that being present.
ISPs must then check to see whether the alleged infringement occurred on an actual IP address if all is in order. If so, it has to send the individual using that address at that time of the alleged piracy one of three letters.
The very first letter is an “Education Notice” describing an allegation was made, complete with times, dates and the supposedly got content, plus offering tips on why they received the notice and links to web pages about piracy (including info on valid sources of content). Instruction Notices also spell out that the person in receipt of the letter might be sued, but in addition contain “recognition that the detected alleged infringement might not always have been undertaken by the called Account Holder”.
Another claim of naughtiness within twelve months will lead to the despatch of a “Warning Notice” that does all of the aforementioned, plus reminding receivers this is their second strike.
The 3rd letter is a “Final Notice” and includes pretty much the same content as the very first two. There is one huge difference: ISPs are needed to ensure “a Recognition of the Account Holder’s receipt of the Final Notice”.
Should they feel the Notices were sent in error, subscribers can appeal at this point.
But once a Final Notice goes out, Huge Content gets teeth: rightsholders who sign up to this code can request a listing of recent Closing Notices from ISPs.
Under the code, ISPs “must act fairly to ease and help an application by a Rights Holders for Preliminary Discovery”.
The draft is simply that: punters are welcome to throw about it in their own ideas. In addition, it has a provision for a review of the operations of the system 18 months after it kicks off.
Or that chap I saw on the road with a Pringles can.
People who trouble to read the code may also have the ability to work out they can torrent two times annually and remain under the radar of Big Content, as rolling up one Warning Notice and one Education Notice will not set downloaders on Big Content’s litigation radar. As well as the count resets to zero. Awholeseasonofthatshowyoulike.torrent as a twice-a-year indulgence will still be on the table without a lot of danger to downloaders.
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