[x-pubpol] Internet piracy: media union endorses web-filtering proposal

[Joly MacFie]

http://www.theguardian.com/technology/australia-culture-blog/2014/sep/04/internet-piracy-union-endorses-web-filtering-proposal

Australia’s media and arts union has endorsed a proposal that would force
internet service providers to block websites which publish material that
infringes copyright.

The submission
<http://www.ag.gov.au/Consultations/Documents/OnlineCopyrightInfringement/OnlineCopyrightInfringement-MEAAResponse.pdf>
from
the Media, Entertainment and Arts Alliance, first reported on ZDNet
<http://www.zdnet.com/au/australian-journalists-union-endorses-internet-filtering-7000033276/>,
sets out the case for “extended injunctive relief” against copyright
infringers by proposing to allow entities to seek injunctions directly
against internet service providers (ISPs) to block websites.

“MEAA welcomes the government’s recognition that rights holders are unable
to take enforcement action against overseas-based websites and that action
needs to be directed at intermediaries. MEAA strongly supports the proposal
to allow for no-fault injunctive relief,” it said.

“Some ISPs will no doubt argue that consumers will get around the
injunction by using proxy sites. However, clearly anything that makes
piracy more complicated and time-consuming will reduce its incidence. “

The union also argues for “extended authorisation liability” that would
penalise ISPs if they failed to take “reasonable steps” to remove
information when notified of infringements.

The submission says reasonable steps would include slowing down a person’s
internet access, but not termination. It also proposes a mechanism to
challenge such infringement notices if ISPs choose to take action.

Part of the submission addresses the impact of a landmark 2012 high court
decision
<http://www.hcourt.gov.au/assets/publications/judgment-summaries/2012/hcasum16_2012_04_20_iiNet.pdf>
between
iiNet and Roadshow Films, which found iiNet had not authorised the
infringement of Roadshow’s films that were downloaded by their customers
using BitTorrent. The decision has stymied the attempts of film companies
to restrict access to filesharing services where dissemination of films and
TV shows is widespread.

“We believe that the government’s proposals will, with some modifications,
provide an opportunity to address the failings of the legislation exposed
by the iiNet judgment. While critics of the proposals will argue that it is
not possible to eliminate piracy, serious reduction in piracy is a
meaningful goal.”

The alliance said it rejected the idea of the debate between piracy as a
“David and Goliath battle” between individuals and multinationals, and such
a characterisation ignored the fact that many creative professionals’
livelihoods were at stake.

“Piracy, as the government paper acknowledges, is taking place on a
commercial scale through predominantly overseas-based sites. It represents
a transfer of wealth away from Australia’s creative workers towards illegal
foreign websites and the (albeit passive) ISPs and search engines,” it said.

The MEAA has also previously resisted changes to copyright that they say
could harm the creative industry.

In an earlier submission
<http://www.alliance.org.au/alrcs-copyright-report-seeks-to-undermine-creative-workers-rights>
in
February the union argued against an Australian Law Reform Commission
recommendation to introduce a “fair use” exception to copyright law similar
in scope to the United States. <http://www.copyright.gov/fls/fl102.html>

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