Feeds

AFACT escalating threats against ISPs: reports

Talk loudly and carry a bigger stick

High performance access to file storage

Australia’s “copyright versus the Internet” battle, which had become quiet as rights-holders prepared their High Court appeal against the iiNet trial decision, has flared in fine style, with rights-holders’ rep the Australian Federation Against Copyright Theft (AFACT) escalating its threats against Internet service providers.

According to The Australian and Delimiter, AFACT is writing to ISPs demanding that they respond to its demands for actions within seven days.

With fine impartiality, the letter has been sent not only to Telstra and Optus, but even to ISPs whose customer agreements are more favourable to AFACT’s position, including Exetel, which already has provisions for issuing warnings and even disconnecting customers.

The rights-holders’ attack dog has so alienated Exetel that its boss has shown the letter to media, and describes the letter as “bullying”. The letter sets a deadline for this week for recipients to respond, and relies on comments made in the minority judgment in the most recent appeal in the iiNet case.

In the Roadshow Films Pty Limited v iiNet Limited appeal, the majority judgment dismissed the rights holders’ action against the ISP.

However, Justice Emmet wrote that the case may have succeeded, had rights-holders followed an acceptable procedure. This is described in paragraph 210 of the judgment, and can be summarized as requiring:

1. The ISP has been advised of the particulars of an infringement.

2. The rights-holder has requested specific action (including informing the customer of the allegation; inviting the customer to refute the allegation; a warning that service will be suspended if no response is received; a warning that if infringements continue the service will be terminated; and finally, termination of the service).

3. The evidence provided to the ISP should be “unequivocal and cogent” and presented in a way that allowed the ISP to independently check the assertions.

4. Provisions to reimburse the ISP for the cost of investigation, and indemnification against lawsuits from customers whose services are terminated by mistake.

In other words, the copyright holder can’t just throw accusations at ISPs and leave them to work out the truth of the matter: they have to put skin in the game.

El Reg comment: If you’re in the mood for an entirely unfounded speculation, here’s one: the news from barristers working on AFACT’s High Court appeal hasn’t been promising.

If its barristers had driven trucks through holes in the Federal Court appeal judgment, there would be no need for a parallel campaign. AFACT and its backers would need do nothing but sit back and wait for their next day in court, knowing that their position would be impregnable once the win was in hand.

In launching a pre-emptive campaign based on a minority verdict, AFACT invites the belief that the current advice from its barristers is “save what you can”. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.