iiTrial: AFACT cites NBN in piracy crackdown talks

 

Eyes government-led changes.

The Australian Federation Against Copyright Theft has used its latest court loss and the impending NBN rollout as a springboard to lobby for legislative reforms on copyright.

AFACT managing director Neil Gane used today's unanimous High Court of Australia judgment against the studios to seek law changes, citing the impending rollout of the National Broadband Network as a second reason to institute a crackdown.

He said the High Court decision exposed "the failure of copyright law to keep pace with the online environment" and urged the Government to provide legislative certainty around the copyright issue.

"We are confident the Government would not want copyright infringement to go on unabated across Australian networks especially with the rollout of the NBN," he said.

"The film and TV industry has always seen the internet as a medium of enormous potential to our business. Currently there are more than 20 online business models that makes rights holders content available to the Australian public and this isn't lost on the Australian public."

Gane declined to make comments on the details of the 5-0 decision against AFACT, saying it was "too early" and repeatedly referring to details in a prepared statement.

He said that today's decision would be "extremely concerning" for all content creators.

Gane also cited pending research from the Intellectual Property Awareness Foundation that is said to find that 78 percent of surveyed Australians support legitimate online content delivery.

The foundation refused to comment or validate the cited survey results and referred iTnews to AFACT's website.

"Unfortunately commerce can only take place in a free market economy, not a free-for-all economy," Gane said.

"There's no business model in the world that can compete with free."

The IPAF publicly notes support for AFACT on its website and includes the federation's US sponsor, the Motion Picture Association of America, on its board of members among other rights holders.

Industry code still on radar

Despite calls for legislative changes, Gane said rights holders would continue discussions with ISPs and the Federal Government in hopes of constructing a bipartisan industry code that focused on sending educational notices to infringing users through ISPs.

The code would echo similar moves toward an industry protocol signed between rights holders and ISPs in the US.

Gane said AFACT supported the French model, which included government intervention in sending notices to users, but had been told during discussions here that the model was not appropriate for Australia.

Drafting of the Australian code of conduct has continued since November last year, which Gane said was a "180-degree shift" in the ISP industry's approach to the issue.

John Stanton, chief executive of industry body Communications Alliance which has led the talks, said he hoped today's judgment would "help us accelerate the process of agreeing with rights holders" on a industry scheme.

Keeps legal options

Gane would not confirm any potential changes to the litigious approach to ISPs or potentially end-users following the High Court decision.

"We have always maintained that we prefer a more proportionate and effective approach which is for ISPs to notify their customers when copyright infringements are occurring across their accounts," he said.

"In terms of our future litigation plans... I can say at the current stage, at the current time we have no plans to sue end-users in Australia."

The organisation has previously moved to distance itself from smaller rights holders which had sought to sue individual internet users for copyright infringement in Australia.

Follow all the latest iiTrial news on the case between iiNet and AFACT here.

Copyright © iTnews.com.au . All rights reserved.


iiTrial: AFACT cites NBN in piracy crackdown talks
AFACT's Neil Gane.
 
 
 
Top Stories
Photos: Global Switch opens Sydney East data centre
First stage opened, to some fanfare.
 
ATO releases long-awaited Bitcoin guidance
Everyday investors escape the tax man.
 
Why the Weather Bureau’s new supercomputer is a 'gamechanger'
IT transformation starts to reap results.
 
 
AFACT's Neil Gane.
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Run a small business in western Sydney?
Aug 15, 2014
This event might be of interest if you're looking to meet other people with a similar interest ...
Buying a tablet? Microsoft's Surface Pro 3 goes on sale this month
Aug 8, 2014
Microsoft has announced its Surface Pro 3 will go on sale in Australia on 28 August from ...
Apple's top MacBook Pro with Retina is now cheaper
Aug 1, 2014
Apple has updated its MacBook Pro range with faster processors and new pricing, including ...
Pass on carbon tax savings, warns ACCC
Jul 24, 2014
The ACCC is warning businesses that supply "regulated goods" to pass on any cost savings ...
Have customers that won't pay debts?
Jul 10, 2014
The ACCC and ASIC have updated their advice when it comes to collecting debts.
Latest Comments
Polls
Which is the most prevalent cyber attack method your organisation faces?




   |   View results
Phishing and social engineering
  68%
 
Advanced persistent threats
  3%
 
Unpatched or unsupported software vulnerabilities
  12%
 
Denial of service attacks
  7%
 
Insider threats
  11%
TOTAL VOTES: 468

Vote