Australia: Tough New Anti-Piracy Measures

[Aractus]

Okay, first off if you're an Australian please sign this Choice petition, it is less than 2,000 signitures away from it's 12,000 goal. While you're at it you may as well sign this one as well. Then get all your friends and family to sign them.

So here's the deal.

Here's a to the document in question. It is VERY concerning. It proposes to invade consumer privacy and confidentiality by handing over customer details to rights holders. Something that is completely illegal in every other business in Australia, including banking.

Furthermore, the legislation will allow "rights holders" to pursue legal action from obtaining customer information. Now without going into what's wrong with that, just note that this only benefits the big players who have lobby groups representing them. It doesn't help book authors, it doesn't help musicians, it doesn't help photographers, it doesn't help video game designers or other computer programmers, frankly it doesn't help Australian interest full stop. It only helps those who are represented by ASA which is actually nothing but a front for the MPAA.

We do not want the law dictated by lobby groups: LOBBY GROUPS ARE THE BIGGEST THREAT TO DEMOCRACY. NO ONE ELECTED THEM, AND THEY REPRESENT THEIR OWN SELF-INTERESTS. THE GOVERNMENT IS SUPPOSED TO REPRESENT THE INTERESTS OF THE PUBLIC.

I will be writing letters to a number of MP's and Senators regarding this, I encourage every Australian here to do the same.

Please take the time to read the Choice article regarding the proposed code, here.

[dyresand]

That is pretty BS one would figure there is no stopping internet piracy. Or people downloading said material.

[Dystopia]

Aractus, Australia sometimes seems like a censorious democracy to me, and full of contradictions.

http://en.wikipedia.org/wiki/Censorship_in_Australia

http://en.wikipedia.org/wiki/List_of_fil..._Australia

http://en.wikipedia.org/wiki/List_of_ban..._Australia

http://en.wikipedia.org/wiki/Internet_ce..._Australia


As soon as I read about Australia's policies towards smokers I decided I would never want to live there. Fuck the paternalist State.

[dyresand]

Pretty much when it comes to video games oh it has gore remove that shit or you can't sell your game here.
Overall its stupid even more stupid with the piracy laws they will try and pass.

[Jackalope]

[Cato]

So lawmakers are being encouraged not to listen to groups lobbying in support of upholding copyright law, but are instead encouraged to listen to a lobbying group demanding to continue stealing content without consequence. These groups clamoring for the sanctity of privacy laws never seem to have a problem violating the rights of others.

Don't get me wrong, I think the proposed 'education notice' idea is ridiculous, but I've had enough of these assholes becoming indignant and acting like they're being assaulted because some have the temerity to be compensated for their creative output.

This is at the head of one of the petitions:

Stop blaming consumers for the outdated business models of the media industry

My first problem here is the audacity required to call people that steal content 'consumers'. I have huge issues with some of the business practices in the entertainment industry, particular in music. Musicians are constantly being fucked by their corporate overlords, but I can't think of a reason that stealing their output helps the situation. I think intellectual property rights and copyright laws are ripe for a makeover, specifically to create an environment where artists receive the bulk of remuneration and not corporate intermediaries. Despite problems that need to be overcome, I don't see how any of it legitimizes theft.

[Aractus]

Public comments can be posted HERE: . As I mentioned I strongly encourage writing to your MP and Senators as well, in particular to Hon. Malcolm Turnbull and to Hon. Jason Clare, AS WELL as whoever your local MP and Senator are.

The first things I will say is this, the code requires that ISPs assume that notices that they receive from rights holders are true - in essence it creates an environment where the accused consumers are assumed guilty until proven innocent, but with no opportunity for the proof of innocence before notices are sent. Notice that the proposed code states that ISPs MUST send these notices without any court order or any proof whatsoever! Secondly, and even more concerning, it would allows the transmission of personal information from ISP to "rights holders", a clear violation of privacy and vendor-client confidentiality, without any proof other than the say-so of the "rights holder".

And if that doesn't concern you then nothing in this world will. I will prove the above statement by quoting direct from the document:

• (d) if:
  (i) the IP address can be matched to an Account Holder,
  and
  (ii) the Infringement Report relates to matters which occurred after the end of any relevant Quarantine Period in relation to that Account Holder;
  
  (e) then the ISP must send, in the first instance, an Education Notice, then a Warning Notice and then a Final Notice in each case in accordance with the relevant Code requirements:
  (i) by email to the contact email address of the Account Holder, as held by the ISP; and
  (ii) that includes the information required under either clause 3.7, 3.8 or 3.9 as appropriate; and
  (iii) in the case of a Final Notice (only), also in accordance with section 3.9.2.
  
  (f) If, 12 months after sending an Education Notice to an individual Account Holder, the ISP has not received a total of at least three Infringement Reports in respect of that Account Holder, the tally of infringement allegations received for the Account Holder will revert to zero.
  
  (pp. 12-13)

And that's just the first part.

• Education Notice
  3.7.1 An Education Notice pursuant to this Code must include the following information:
  ...
  (c ) that no personal information of the Account Holder has been passed by the ISP to any third party, including the Rights Holder;
  ...
  
  Warning Notice
  3.8.1 A Warning Notice pursuant to this Code must include the following information:
  ...
  (d ) that no personal information of the Account Holder has been passed to any third party;
  ...
  
  Final Notice
  3.9.1 A Final Notice pursuant to this Code must include the following information:
  ...
  ...

If this fucking code passes I'm changing to a business internet plan.

[Aractus]

For anyone who's interested in helping to spread the word, I've made an information sheet that can be printed and distributed on public notice boards, etc. It is here:

http://aractus.com/piracy.pdf

I made the URL as simple as possible because it is printed on the document. To correctly print it be sure the printer margins are set to zero.

[Aractus]

Oh this is just TOO funny, I have to share this:

Foxtel media statement a few months ago criticising Choice:

Foxtel's statement on how they're going to crack down on piracy, before they've even entered the broadband market! ... Um CONFLICT OF INTEREST???!

For non-Aussies, Foxtel has a monopoly over Pay-TV in Australia. I think, I could be wrong, that their market penetration is around 35%. In other words, about a 3rd of Aussies have a subscription to their PayTV service. Not only that, but then they have the audacity to claim that they're going to spy on their customer's usage AND try to stop them from accessing illegal downloads <i>before they've even entered the market</i>, and despite the fact that at least 35% of their customers downloading illegal content will be paying them for their PayTV service as well, meaning that if they're downloading illegal content then clearly the PayTV service is inadequate. Choice points some of this bullshit out, and then Foxtel has the audacity to criticise Choice magazine!!

My God. I think I'll reward Choice by buying a subscription.

[Thumpalumpacus]

My first problem here is the audacity required to call people that steal content 'consumers'. I have huge issues with some of the business practices in the entertainment industry, particular in music. Musicians are constantly being fucked by their corporate overlords, but I can't think of a reason that stealing their output helps the situation. I think intellectual property rights and copyright laws are ripe for a makeover, specifically to create an environment where artists receive the bulk of remuneration and not corporate intermediaries. Despite problems that need to be overcome, I don't see how any of it legitimizes theft.

Spot-on.

And everyone moaning about the state of modern music has to ask themselves if they've contributed to it by making it so hard to make a living in the business that they've chased musicians and songwriters away.

Life doesn't owe you a song. If you want a soundtrack to your life, either pay for it, or write the fucker yourself.