[x-pubpol] Ozzies <3 6 strikes

[Joly MacFie]

http://www.themusicnetwork.com/music-biz-looks-us-six-step-approach-combat-piracy/

Music Rights Australia last week responded to the government’s Copyright –
Online Infringement consultation. In that document, the peak body made
reference to examples of ‘industry schemes’ which it hopes rightsholders
and ISPs can agree to in a bid to stem file-sharing/illegal streaming.

We asked Music Rights Australia to be more specific and explain in further
detail what an ‘industry scheme’ might look like. Here it details what it,
and therefore the wider Australian business, believes to be a sound model:
the US’ ‘six-step’ approach, or ‘Copyright Alert System’.

Rightsholders and ISPs have a range of ‘mitigation measures’ available to
them (once the six steps process has been exhausted) under the US scheme.
They potentially include: a temporary reduction in uploading and/or
downloading speed; a temporary step-down in the Subscriber’s service tier
to either the lowest tier of Internet access; a temporary redirection to a
landing page until the subscriber contacts the participating ISP to discuss
with it the Copyright Alerts; or a temporary restriction of the
subscriber’s Internet access for some reasonable period of time as
determined in the participating ISP’s discretion.

Music Rights Australia explains in more detail how the process would work
in practice:

*The Copyright Alert System(CAS) is administered by the Centre for
Copyright Information (CCI) which is governed by an executive committee
made up of ISP and content industry representatives. Funding for CCI has
been split between the Participating Content Owners Group and the
Participating ISPs.*

*The scheme has been nicknamed “6 Strikes”, after the number of warnings
which will be have been  received  when a mitigation measure is imposed. It
actually comprises 7 steps: 1. Initial Educational Step. 2. Acknowledgement
Step 3. Mitigation Measures Step 4. Post Mitigation Measures Step
5.            Reset 6. Transmission of Copyright Alerts to Subscribers 7.
Notification of Ability to Request Review.*

*The warnings have three levels – Educational, Acknowledgment and
Mitigation. Each participating ISP sends an account holder up to two
Copyright Alerts during the Initial Educational Step; followed by two more
Copyright Alerts during the Acknowledgement Step; then if required, one
alert during the Mitigation Measures Step (a “Mitigation Measure Copyright
Alert”) which sets out the specific Mitigation Measure to be applied and
informs the account holder that, unless the account holder has requested
review under one of the dispute resolution mechanisms specified, the ISP
shall apply the selected Mitigation Measure after the expiration of a
notice period. Finally, during the Post Mitigation Measures Step, the ISP
will send one Mitigation Measure Copyright Alert and shall apply the
specified Mitigation Measure and may, at the ISP’s discretion, send
additional Mitigation Measure Copyright Alerts and apply additional
Mitigation Measures, subject to the account holder’s right to challenge
Copyright Alerts at this step.*

*Once the 6 alerts have been received by an account holder, the ISP’s can
apply a range of mitigation measures, which will depend on the particular
service provider.*

*During the first 10 months of operation, the CAS sent out over 1.3 million
alerts to account holders, with over 70% of these occurring during the
initial education stage and less than 3% sent at the final mitigation
stage. This is notable, as the CAS is ultimately aimed at “educating
internet users, modifying attitudes and changing behaviour by helping
account holders to understand the importance of copyright protection and
the risks inherent in using P2P programs to obtain or share digital
content”.  The CCI has stated that the premise of the CAS is that the
majority of consumers will be inclined to change their behaviours and take
corrective action if their alleged copyright infringement is brought to
their attention, with 79% of respondents in a recent survey believing that
if they receive an alert, that would be “somewhat” or “very influential”
toward getting them to stop infringing behaviour.  Notably, CCI has
reported that 57% of users surveyed stated that they would stop engaging in
copyright infringement immediately upon receiving an alert.*

*The MOU also outlines an Independent Review Program, managed by the
American Arbitration Association (AAA), which provides a non-exclusive
avenue of appeal for Subscribers who wish to challenge a Mitigation
Measure.*

*In May 2014, the CCI reported that, from over 1.3 million alerts generated
through 2013, only 265 account holders filed review requests with AAA.
Notably, of those reviews, not a single one was identified as an invalid
notice. Of the successful challenges, the majority were based on the
account holder making a satisfactory case that someone other than the
account holder was using the account to engage in infringing behaviour.*

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Joly MacFie  218 565 9365 Skype:punkcast
WWWhatsup NYC - http://wwwhatsup.com
 http://pinstand.com - http://punkcast.com
 VP (Admin) - ISOC-NY - http://isoc-ny.org
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