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Australian ISPs To Introduce '3-Strike' Style Anti-piracy Scheme

Posted by timothy on from the australian-rules-baseball dept.

angry tapir writes Australian ISPs are considering a draft industry code, developed in response to government threats to step in and do it for them, that will implement a 'three notice' scheme for alleged copyright infringement. If an ISP customer gets three notices in 12 months, a rights holder can go to court to obtain their details and potentially take legal action against them. (The other part of the government's copyright crackdown is the introduction of a scheme to have pirate websites blocked — the government has yet to introduce the legislation for it, however.)

78 comments

  1. Still waiting by mattventura · · Score: 5, Insightful

    Still waiting for the reverse three strikes, where an IP holder gets punished if they send 3 false notices.

    1. Re:Still waiting by Anonymous Coward · · Score: 4, Interesting

      If there is no punishment for false notices, send false notices about people who work with IP or ISPs. As well as politicians and their rich supporters. Problem solved.

    2. Re:Still waiting by Anonymous Coward · · Score: 0

      Then you can get their address and sue them for what exactly? And how do you know which IP address has politicians and rich supporters behind them?

    3. Re:Still waiting by Anonymous Coward · · Score: 0

      An interesting thought.

      I wonder how easily I could get 3 strikes just by connect to trackers/peers (but literally not sending/receiving a single byte of content), and/or doing legit content (ISO's / free music releases / etc).

      I absolutely have the means to defend (especially with hard evidence of my bait being completely legit) myself, and the means to counter-sue for damages and then some for decades at least...

      Seems like a fun way to stick it to the man.

    4. Re:Still waiting by gronofer · · Score: 1

      Then you can get their address and sue them for what exactly? And how do you know which IP address has politicians and rich supporters behind them?

      Report the ISP's entire IP address range perhaps, it's sure to get one of them. I'd be interested to know what evidence the ISPs will require when deciding whether a report is valid. Also, whether they will accept reports from any copyright holder (I have a photo of my cat from this morning...) or just media organizations with a lot of lawyers.

    5. Re:Still waiting by CanadianMacFan · · Score: 1

      Report the IP addresses of the sites of the major content providers that supported the legislation and the major government websites.

    6. Re:Still waiting by Harlequin80 · · Score: 2

      No in this proposal it is even better! You have to PAY $25 in order to challenge a strike. So it is free to accuse but you have to pay for the right to challenge?!?!?! With a you get your money back if it was a wrong accusation. Bullshit

    7. Re: Still waiting by Anonymous Coward · · Score: 3, Informative

      No, they have to pay to accuse you as well. As usual, the lawyers are the winners here

    8. Re:Still waiting by Bing+Tsher+E · · Score: 1

      All the 'three strikes' triggers is action that empowers the IP owners. You think the content providers are then going to send lawyers out to attack themselves?

    9. Re:Still waiting by Anonymous Coward · · Score: 0

      Still waiting on all you filesharing morons to move to anonymous networks like I2P and Phantom so you can seed forever without fear. But no, you're too gay for that leet shit, so you just keep on playing the MAFIAA game. Idiots.

    10. Re:Still waiting by Anonymous Coward · · Score: 0

      Good luck. Unless you are on the ISP's list of approved IP trolls they are just going to throw your complaint in the junk.
      The entire point of the three strike rule is to avoid the legal system where people are supposed to be treated equally.

  2. You Mean by Greyfox · · Score: 1

    Australian Web Sites Feel Their Customers Should Be Using Tor For Everything.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:You Mean by Anonymous Coward · · Score: 0

      Australian Web Sites Feel Their Customers Should Be Using Tor For Everything.

      Only if they want to be infected by some freaky NSA malware.

  3. What? by Anonymous Coward · · Score: 2

    considering a draft industry code, developed in response to government threats to step in and do it for them

    Last time I checked it WAS the govt's job to do law enforcement, not the ISPs.

    1. Re:What? by ZipK · · Score: 2

      Last time I checked it WAS the govt's job to do law enforcement, not the ISPs.

      This is part of the militarization of ISPs. You should be receiving an induction notice from your local ISP any day now.

    2. Re:What? by gronofer · · Score: 4, Informative

      Last time I checked it WAS the govt's job to do law enforcement, not the ISPs.

      Traditionally it was a civil matter, publisher vs publisher. The government only provided the courts.

    3. Re:What? by Anonymous Coward · · Score: 0

      Last time I checked it WAS the govt's job to do law enforcement, not the ISPs.

      Traditionally it was a civil matter, publisher vs publisher. The government only provided the courts.

      No, traditionally copyright was only for attribution, but we don't live in "traditionally". If it's a criminal matter as they are making it into now it's law enforcement's problem, NOT the ISPs.

    4. Re:What? by Harlequin80 · · Score: 1

      This is standard practice though - apply pressure to an industry to publicly self regulate so that the government doesn't have to expend resources and political capital doing it.

      We saw a similar thing with motorcycles when the zx-12 and hayabusa were released. Having top speeds over 300 and easily affordable caused bad press with people clamouring for the government to do something. In response the motorcycle manufacturers agreed to a 299km/h speed limit so they could show they were doing something and the government could say there is no a code of conduct.

    5. Re:What? by Bing+Tsher+E · · Score: 1

      Report for duty, and you'd best hope it's not to do KP duty at a really remote ISP somewhere. Those USR Couriers are really dusty these days.

    6. Re:What? by Bing+Tsher+E · · Score: 1

      Having top speeds over 300 and easily affordable

      Heck. Give them a nice stretch of road in the desert and tell them to have fun.

      Maybe even relax the helmet laws if they sign up as organ donors.

    7. Re:What? by Anonymous Coward · · Score: 0

      The ISPs arn't enforcing anything. This is just saying they won't hand over all of your data whenever anyone accuses you of something. The ISPs arn't taking any action against their customers here. This is just setting up a threshold for when they'll give your name to the copyright holder. The copyright holders will then possibly take you to court.

  4. Go for it! by Anonymous Coward · · Score: 1

    The tiny fraction of individuals who are ruining the Internet for the rest of us should get thrown off the web!!

    That policy seems both good and fair.

    1. Re:Go for it! by Anonymous Coward · · Score: 1

      The tiny fraction of individuals who are ruining the Internet for the rest of us should get thrown off the web!!

      That policy seems both good and fair.

      You mean trolls like you?

  5. 3 strikes for ISPs who monitor my browsing by Anonymous Coward · · Score: 0

    it's time the tables were turned.

  6. VPN's are about to be.. by Anonymous Coward · · Score: 1

    VPN's are about to be big business down under.

    1. Re:VPN's are about to be.. by Falos · · Score: 2

      It's funny. My first thought was "Yep, gonna see more VPN sales." and then I realized, we already are. Consider the frequency of mentions, then of mentions of specific offers, then even the frequency of straight-up ads promising to solve spying.

      It's no wonder there's so much effort in owning TOR nodes and branding it a pedorist tool. The number of people who use TOR has increased, yes, but more dramatic is the ballooning number of people aware (and interested). Say what you will about his patriotism (or lack) but Snowden got a lot of people covering up the red blinky weakspots they didn't know they had.

  7. Won't increase sales by Anonymous Coward · · Score: 0

    This won't increase their sales of tickets to see movies or sales of BluRays in shops or online subscriptions/downloads.

    People download movies, etc, because it is free and easy. It is very easy to go without downloading a movie/TV show.

    However if this does come to pass, I won't need to pay for 500GB a month, I'll only need to pay for 50GB/month (in Australia downloads are generally limited in GB/month for how much you pay) so ISPs can expect to see a drop in how much people pay them for Internet use.

    1. Re:Won't increase sales by Sowelu · · Score: 1

      Your assertion certainly isn't true for everyone. Yeah, some habits will change--people who _only_ download because it's a free and easy way to kill time will replace it with some other free and easy activity. That's a huge majority of pirates. But there's still a large number of people who pirate i.e. specific tv shows because they are interested in that particular show, and pirating is the easiest way to do it right now. Take away pirating and they still want their show--hell, some of them are already spending money because they decided that streaming from a storefront is more convenient than hunting torrents. Enough of those pirates have disposable income they're willing to spend that yes, it will make a difference in overall sales (if actually enforced).

      used to work in the digital video industry...does that make me a corporate shill? There's still massive holes in the business model but it's not all bad, especially when streaming products are sold _as rentals_ so there's no "but I don't really own it" argument.

  8. FUCK YOU! There are FOUR LIGHTS! by Anonymous Coward · · Score: 0

    smoke them if you've got em!

    1. Re:FUCK YOU! There are FOUR LIGHTS! by Anonymous Coward · · Score: 0

      can you still smoke in ausland?

  9. Australian ISPs by Anonymous Coward · · Score: 0

    working for free for the media conglomerates. May I ask if there are not there anti-trust rules? This is one serious obstacle to build a mom and pop ISP

  10. We are all copyright holders by bpkiwi · · Score: 5, Interesting

    Sooner or later people will work out that we are ALL copyright holders. For every photo you take, joke you write, or funny cat gif you edit, you hold the copyright. Go ahead, make some and send them to your representative's office, to their kids, or to their parents. All you have to do is wait for them to forward them on to someone else, and then use the laws and tools they are introducing against them. The law will become reasonable again pretty quickly I think.

    1. Re:We are all copyright holders by jonwil · · Score: 2, Insightful

      They will find a way to twist the law so that it only applies to the big corps and not the little guy.

    2. Re:We are all copyright holders by Anonymous Coward · · Score: 1

      Good luck waging that battle in court. They have more money than you do. You lose.

    3. Re:We are all copyright holders by wertigon · · Score: 1

      How right you are.

      That's why I believe copyright is completely outdated. It only favors the rich companies. However there do need to be some regulatio of what one can do with regards to creative works.

      In short: the creator must be given some leverage against companies seeking to profit on the fruits of his/her labor. Today, copyright does the exact opposite.

      --
      systemd is not an init system. It's a GNU replacement.
    4. Re:We are all copyright holders by mjwx · · Score: 1

      They will find a way to twist the law so that it only applies to the big corps and not the little guy.

      I think you mean to say they already have.

      High priced lawyers are a huge barrier to entry for anyone who wants to sue.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  11. At Bat by Anonymous Coward · · Score: 0

    You are at bat. You swing and miss. The umpire calls STTTTRIIKKEE ONNNEEEE!

    1. Re:At Bat by Anonymous Coward · · Score: 0

      Another swing. You have to get this one! STRRIKKEE TWOOOO!!!!

    2. Re:At Bat by Anonymous Coward · · Score: 0

      Last chance. It all depends on this swing. The ball comes. You start the swing... and..... YOOOUUURREEE OOOOOOUUUUUUTTTTTT!!!!!

    3. Re:At Bat by Anonymous Coward · · Score: 0

      Last chance. It all depends on this swing. The ball comes. You start the swing... and..... YOOOUUURREEE OOOOOOUUUUUUTTTTTT!!!!!

      No Yipppeeess (or whatever it is) for you, buddy.

    4. Re:At Bat by rmdingler · · Score: 1

      That's why you hate trilogies... now we're left hanging, not knowing if the final installment will have multiple esses, arrs, or some new alliteration.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    5. Re:At Bat by rossdee · · Score: 1

      Aussies don'i play baseball, they play cricket.

    6. Re:At Bat by donaldm · · Score: 1

      Aussies don'i play baseball, they play cricket.

      Not true, baseball is also very popular, but cricket gets the most media attention. Likewise ball sports like Rugby League and Australian rules over Soccer although strangely soccer is well reported when Australia in in the finals.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    7. Re:At Bat by thogard · · Score: 1

      I've seen the baseball diamonds near my house used exactly twice. Once involved using it for fireworks. It was built around the time of the 1964 olympics like nearly every baseball diamond in the country.

      When a bat is going to cost you $300 and a full uniform and gear to play on a team is close to a $1000, there isn't much demand. The Melbourne girls baseball teams positions are more about forfeits than wins.

      I don't know why the local baseball teams need such formal rules with such official imported uniforms. What ever happened to wearing a shirt the right colour?

  12. Heh. by BrennanPratt · · Score: 1

    Does the VPN industry push for this shit?

    1. Re:Heh. by Anonymous Coward · · Score: 0

      No. They know they and the data-centers they use are the next target.

    2. Re:Heh. by Threni · · Score: 2

      What "VPN industry"? To the extent it exists at all it's just tiny. And they're going to get legislated out of existence around the world in the next few years. No government - driven by the twin demands of the US government (ok, and their own security services) - and a reactionary, right wing media (following the rules of its wealthy, right wing proprieters, who've invested in and therefore benefit from large corporations who are all in bed with most western governments because they don't need to pay tax that way) - will allow people to communicate in private because "that's what terrorists do" (and people who want to challenge/change the above)

  13. what if it's a full count with the bases loaded? by turkeydance · · Score: 1

    oh, i get it. they really didn't mean it.

  14. So when they lose 1/2 of their customer by future+assassin · · Score: 2

    what are they going to do?

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:So when they lose 1/2 of their customer by Anonymous Coward · · Score: 0

      Cut 2/3 of their staff and raise prices.

    2. Re:So when they lose 1/2 of their customer by Anonymous Coward · · Score: 0

      Cut 2/3 of their staff and raise prices.

      Or walk the batter and load the bases.

  15. Seems like lip service by thegarbz · · Score: 1

    Seems like someone is paying lip service to the government.

    Three strikes and we let the rights holder go to court to get IP addresses? Given the rights holders have effectively had zero effect in getting the customer details from ISPs in the past, what are they going to do once they get them? If they can't get through the first stage of the legal battle and get thrown out at the discovery process, what chance have they got of actually successfully suing someone?

    1. Re:Seems like lip service by gronofer · · Score: 1

      Three strikes and we let the rights holder go to court to get IP addresses? Given the rights holders have effectively had zero effect in getting the customer details from ISPs in the past, what are they going to do once they get them? If they can't get through the first stage of the legal battle and get thrown out at the discovery process, what chance have they got of actually successfully suing someone?

      I hope some kind of court order would be needed before ISPs will hand over the customer details. However the article suggests that the details will just be handed over to anybody who claims an offense by any customer who has used up their strikes.

  16. Not already there? by manu0601 · · Score: 1

    I am surprised lobbies had not already obtained such a measure in Australia.

    It looks outdated now that similar laws are dying in other countries. In France the law was voted but it seems the government is not willing to enforce it. Perhaps it is related to the ruling that considered Internet access is human right.

    1. Re:Not already there? by Anonymous Coward · · Score: 0

      We are a pretty socialist country who unfortunately somehow managed to vote in a George Bush who is determined to lie and cheat his way to killing our social bonds and making Australia a giant version of the hunger games.

    2. Re: Not already there? by Anonymous Coward · · Score: 0

      Actually, australia its just a subset/subject of Britain itself. What happens is the laws as they would like to create everywhere, they first shove down the throats of australians, kind of like a test bed. If it takes hold it moves on to britain and then ass f**** like obama try to shove it down Americans throats along with the rest of the world. Why do you think Obama is so hot to trot for Internet regulations? Because Britain and the United States work hand in hand like two homosexuals too scared to come out of the closet and admit their true very close relationship black f***** pod has little time left to f us over. Doesn't matter see that's why encryption is so ignored by the masses (engineered by design) but at the same time it is also the cure for the cancer that these despotic pos tyrants think they can infect us with. No matter their lies or their back stabbing it all comes around and bites em in the ass. Mark my words.

    3. Re:Not already there? by mjwx · · Score: 1

      I am surprised lobbies had not already obtained such a measure in Australia.

      It looks outdated now that similar laws are dying in other countries. In France the law was voted but it seems the government is not willing to enforce it. Perhaps it is related to the ruling that considered Internet access is human right.

      And you'll pretty much be looking at the same thing in Australia.

      ISP's will pay lip service is a "voluntary" industry code, the same way the news media abides by its "voluntary" industry code (that means only the ABC and SBS are held to any kind of standard, Newscorp and Fairfax can do what they like). If an ISP does enforce the will of the rights holders they'll start to bleed customers and there's one large ISP that is pretty much assured not to do anything that stupid who would love to move up from their #2 position in the industry.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  17. My unique use of your service is copyrighted by me by Anonymous Coward · · Score: 0

    all work and no play...

  18. Unavailable Content by aberglas · · Score: 1

    Australia is a second class citizen for content. Movies, Netflix, books, you name it. Publishers withhold content or charge much more for it because they can, just bloody minded tradition. That drives most of the "piracy".

    The idea that our government is pushing to help people restrict content that is not available here anyway is appalling. If it is not available under free and equitable terms , it does not deserve copyright. But then the industry whispers in the ears of ministers and we do not have a voice.

    1. Re:Unavailable Content by Anonymous Coward · · Score: 0

      Missing those services does not mean you second class. We don't have them either, and we are third class.

  19. Friday by Anonymous Coward · · Score: 0

    And yet another unpopular measure is released to the public on a Friday.

    Sneaky assholes.

  20. Here in Canada... by da_guy2 · · Score: 1

    So i guess that means here in Canada we have a zero strike scheme. You get caught once and they can take you to court right away.

    1. Re:Here in Canada... by Anonymous Coward · · Score: 0

      Not true.

    2. Re:Here in Canada... by Anonymous Coward · · Score: 0

      In Germany, too. If we had three strikes per year without any costs and without our ISPs giving our names to the copyright holders we'd party.

      Here they will typically ask for 500 to 2000 Euro depending on what you downloaded (per infringement, just pray they don't catch you downloading a music collection or complete tv season) and force you to sign a contract that will make you pay much much more in case they ever catch you again. Oh, and even if you can prove it was not you but someone else using your connection you may still be held responsible. Fortunately (unfortunately?), they send so many letters that they cannot possibly sue everyone who does not pay before the statutes of limitation kicks in but it's still a great threat and you have to worry for years as they usually don't sue right away.

  21. Companies? by dohzer · · Score: 1

    Can we get a three strikes policy for companies that charge exorbitant prices for digital media only in Australia?

  22. You call that a proxy server? by Snufu · · Score: 2

    THAT'S a proxy server

  23. meh by Anonymous Coward · · Score: 0

    If they did that here in Aus, considering all the crazy ass prices for and of course region blocking, I'd consider cutting the Internet cord completely.

  24. Privacy violations by Anonymous Coward · · Score: 0

    This means Australian ISPs will lose their common carrier status

  25. Poison the well by Anonymous Coward · · Score: 0

    Everyone run background processes to load web pages etc on idle connections. They want logs? We'll give them logs!

  26. Extra work by Anonymous Coward · · Score: 0

    ... ISP customer gets three notices in 12 months ...

    So the ISP needs to track the infringements committed by their customers: Who pays for that?. How do copyright holders know which web-sites an ISP's customer is using? There is nothing stopping copyright holders from seeing a connection to 'The pirate bay' and issuing infringement notices to the ISP three days in a row. Copyright holders have been trying actions against multiple 'John Doe' offenders. What will stop this regulatory 'process' being a paper blitzkrieg, just like the US DMCA.

    ... go to court to obtain their details ...

    So the copyright holders won't have any legal power over the ISPs or their customers just like in the iiNet trial. This self-regulation may just be an intermediate step where the ISPs pay for the framework before the copyright holders demand legal powers over ISPs and their customers.

  27. Fuck 'em by Sir_Substance · · Score: 1

    I'm leaving the country just in time, and I shan't be back.

    Thanks for the education!

  28. Fixed the Summary by CanEHdian · · Score: 1

    Australian ISPs are considering a draft industry code, developed in response to US government threats to step in and do it for them,

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
  29. As an Australian rights holder, how do I opt-out? by Sasayaki · · Score: 3, Insightful

    I'm an Australian author. I recently published my 10th novel. I make my living from selling books, primarily on Google Play, but also Amazon and Apple.

    How do I opt out of this scheme? How do I request that even if someone downloads a copy of a book I normally request payment for without doing so, that they face no legal harm from anyone? The article mentions "rights holders" can get in contact with potential "infringers"; how would they notify me? I work from home, is my street address on file somewhere?

    I found that when I ask these kinds of questions it leads to conclusions that should embarrass the people trying to implement them. The truth is; invariably, these kinds of schemes do absolutely nothing "for me" as downloads of my books would not even be detected by whatever system they want to put in place, even if I was stomping and shouting and demanding all the evil pirates ceased immediately.

    This is, and always is, solely an effort to protect a foreign industry, Hollywood. An industry which gives the common Australian absolutely no consideration at all. Digital downloads are often more expensive here than the US, simply because "that's what the market will pay", which is code for, "Australia's high standard of living means we can gouge the shit out of them". Shows arrive late, miss our holidays, are screened out of order or are incomplete.

    Why is this good for Australia and Australians in any way? If nothing else, and setting aside my own personal objections: why are we actively protecting a foreign industry and doing absolutely nothing to protect our domestic productions?

    --
    Check out my sci-fi book "Lacuna" at http://goo.gl/MVxX8
  30. Re: As an Australian rights holder, how do I opt-o by Anonymous Coward · · Score: 0

    Do you have a link or some other info, title perhaps?, that will allow me to find your novels on gplay?

  31. Re: As an Australian rights holder, how do I opt-o by Sasayaki · · Score: 1

    Since you asked, here you go. :)

    https://play.google.com/store/...

    --
    Check out my sci-fi book "Lacuna" at http://goo.gl/MVxX8
  32. Gotta protect by terrywirth5 · · Score: 1

    but why can't we clamp down on blood-sucking banksters? I suppose that stealing a film and shirking a $10 theater ticket is more serious than stealing billions in pension funds.