UNSW Has Collected an Estimated $100,000 In Piracy Fines Since 2008

Jagungal (36053) writes The SMH reports that The University of NSW says it has issued 238 fines — estimated to total around $100,000 - to students illicitly downloading copyright infringing material such as movies and TV shows on its Wi-Fi network since 2008. The main issues are that the University is not returning any money to the copyright holders but is instead using the money raised for campus facilities and that it is essentially enforcing a commonwealth law.

Comments

Not the holder's money

[Capsaicin]

Huh? What's the confusion here?

The fines that UNSW are levying are for breaches in the terms (or rules) by which students access the institution's network services. What power would UNSW have to "[enforce] a commonwealth law?" Most obviously you'd think this would either be under the contract between the students and the uni, or pursuant to the act by which the university is established, University of New South Wales Act 1989, s27 of which gives the university power to make it's own legislation. I thought these copyright holders might have talked to their lawyers (that was about 45secs of legal research there) before sticking their hands out ... oh wait.

Re:Not the holder's money

[Kaenneth]

Correct, a Fine is a Punishment, not Restitution.

Re:Not the holder's money

[Capsaicin]

[I]s failing to prevent the copyright violations that it is benefiting financially from then they might indeed have significant liability

They are acutely aware of potential liability. UNSW were the defendant in the leading Australian case about what liability flows from providing equipment which might be used in copyright infringement (University of NSW v Moorhouse [1975] HCA 26). This, I'd guess, is exactly why they are coming down so hard on their students here.

The university has no power to collect for the benefit of rights holders, nor to enforce the criminal law of the C'th. The fact that they are, within those powers they have, actively discouraging piracy must surely be taken as a mitigating factor. Upon what basis do you feel that the financial benefit derived from the fine is a relevant consideration in this case?

I'd say those media companies are going to get some sort of settlement from the University.

Sounds like the university is disinclined to reach that at the present time (nor have they shirked from taking these things all the way to the High Court). However, I imagine that the university would be unable to resist any discovery by the copyright holders of the identity of the individual students fined. Were I one of those students I'd be feeling anxious right now.

$480 fines?

[Truth_Quark]

That would have gutted me when I was at uni.

Re:Punishment

[mythosaz]

You're welcome to not pay the fine -- all you have to do is forfeit your degree program.

Re:does the university retain a magistrate?

[PopeRatzo]

Boom, motherfuckers.

I can't speak to the accuracy of your argument or your citation, because I just don't know, but out of admiration, I'm going to end every one of my Thanksgiving political discussions with family members with "Boom, motherfuckers."

Interesting...

[Anonymous Coward]

Do they get fined just a little bit more for having the luxury of being fined in Australia?

Re:Interesting...

[blackpaw]

Do they get fined just a little bit more for having the luxury of being fined in Australia?

Funny *and* insightful

Wish the mod system could do that.

Piracy fines?

[Trogre]

Are these fines actually for copyright infringement, or for mis-use of University resources? This is an important distinction.

I doubt the University could legally collect on the former, unless they also happen to be the copyright holder of the obtained content.

If the latter, then students downloading free content (eg material covered by a Creative Commons licence) for personal use should also be liable.

Correct, although you are missing the obvious

[s.petry]

If the University is "fining" the students and not turning them over the the proper authorities how are they not complicit in the theft exactly? What they are doing is exactly the definition of racketeering.

Racketeering refers to criminal activity that is performed to benefit an organization such as a crime syndicate. Examples of racketeering activity include extortion, money laundering, loan sharking, obstruction of justice and bribery.

Students give the University hush money, gets a slap on the hand "oh noez, no free wireless for up to a few months" and the University profits. Copyright holders are not seeing a penny of this money, Law enforcement is not prosecuting people for theft.

Should the University fine rapists for profit and not turn them over to Law enforcement as well? Oh wait, this already happens in the US (if people are charged at all) so I'm sure it happens there too... Yeah, University officials should be in jail over this one. I doubt it will happen because people will focus on everything but the obvious.