Wednesday, March 16, 2011

iiNet: New Proposal for "Policing Copyright Infringement"

The public discussion over copyright infringements is not as intensive as it used to be (maybe because a larger percentage of the content is now viewed or downloaded legally), but from time to time we still see new ideas and initiatives. 

iiNet, Australia's second largest DSL ISP, published a paper suggesting that the policing of copyright infringements  will be done by a third party. Steve Dalby (picture), Chief Regulatory Officer, suggests a new model which is based on the "addition of an independent body, into the mix": 

  1. A content owner will carry out their own detective work and identify an offending computer making unauthorised copies of their content available for sharing via (typically) bit-torrent software. This will provide them with an ‘IP Address’ that can be traced by the issuing ISP to a specific internet service.
  2. The independent body will determine whether the evidence meets a test of ‘cogent and unequivocal evidence’.
  3. IP addresses can be provided to an independent body who is able to identify the issuing ISP and ask that ISP for contact details for the service account holder. The ISP provides those matching contact details to the independent body.
  4. Using those contact details the independent body can issue notices to the account holder informing them that they had been detected making unauthorised copies available, provide educative information, advise the consequences that may follow continued behaviour and ask the account holder to ensure that the behaviour stops.
  5. The independent body keeps records of the notices and may modify the notice for a repeat infringer, or seek further sanctions. Some of those sanctions may include fines, court charges or changes to the internet service.
  6. Consumers who believe the allegations are incorrect will be able to appeal the notice to the independent body. These appeals and/or complaints would be dealt with by the independent body.
  7. Consumers who believe an insecure wireless access (or other technical issue) may be involved, will be referred, by the independent body, to their ISP for technical assistance.
See the complete document below, or here - and iiNet's press release - here.

Related posts:
  • The French Internet Police: 100,000 Warring Emails have been Sent - here 
  • Virgin Media - Throttles P2P but will not Inspect Content - here.


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