On Tue, Sep 21, 2004 at 07:15:12AM +1000, Pia Smith wrote:
> We thought this was important to bring to the communities attention.
> After you've had a chuckle from the content, please feel free to forward
> it to any lists you think would be useful. It is a bit of an upcoming
> problem...
For extra amusement/irony, let's look at the effect of the FTA Implementing
Legislation:
> Motion Picture Association
> Worldwide Anti-Piracy
> 15503 Ventura Boulevard
> Encino, CA 91436
> Name: Jonathan Fowler
> ISP: ACE Oneline Pty Ltd
> Via Fax/Email
> RE: Unauthorized Distribution of Copyrighted Motion Pictures
> Protocol: FTP
> IP Address: 202.0.185.5
> Date of Infringement: 9/11/2004 at 4:56 p.m. EDT (GMT -0400)
(9th November, hey?)
> Dear ACE Oneline Pty Ltd:
> The Motion Picture Association (MPA) represents the following motion
> picture production and distribution companies: [...]
So, the relevant section is 116A*, here's the introduction:
116AA
(1) The purpose of this Division is to limit the remedies
that are available against carriage service providers for
infringements of copyright that related to the carrying out of
certain online activities by carriage service providers. A
carriage service provider must satisfy certain conditions to
take advantage of the limitations.
> We have received information that you are providing Internet or Usenet
> access to the above referenced account holder, or hosting the above
> referenced Internet site, which has made available the download or
> streaming of copyrighted motion picture(s) including such title(s) as:
> TWISTED
> GRIND
And this is a Category C activity:
116AE
A carriage service provider carries out a Category C activity
by storing, at the direction of a user, copyright material on
a system or network controlled or operated by or for the carriage
service provider.
> The distribution of unauthorized copies of copyrighted motion pictures
> constitutes copyright infringement under the Copyright Act 1968 ("Act").
> Under sections 115 and 116 of the Act, a person whose rights are
> infringed in breach of the Act may seek civil remedies including
> (amongst other remedies) an injunction and either damages or an account
> of profits. Additional damages may be imposed by the court where
> warranted by the nature of the infringement.
116AG
(1) A carriage service provider must satisfy the relevant conditions
set out in Subdivision D before the limitations in this section
apply.
(2) For infringements of copyright that occur in the course of
carrying out any of the categories set out in Subdivision B,
a court must *not* [emph added] grant relief against a carriage service
provider that consists of:
(a) damages or an account of profits; or
(b) additional damages; or
(c) other monetary relief
So much for that idea.
> Additionally, if you fail to take the steps as set out below, you will
> be in breach of section 313(1) of the Telecommunications Act 1997 (Cth)
> which requires your company to use its best efforts to prevent
> telecommunications networks and facilities from being used in the
> commission of offenses against Commonwealth laws. Under section 132(2)
> of the Copyright Act, a Commonwealth law, it is an offense knowingly to
> make cinematograph films available to be downloaded without the
> permission of the owners of the copyright subsisting in those films.
116AH
(1) This table sets out the conditions for each of the categories
of activities.
[elided]
(2) Nothing in the conditions is to be taken to require a carriage
service provider to monitor its service or to seek facts to indicate
infringing activity except to the extent required by a standard
technical measure mentioned in [116AH (1).1.2].
Dear oh dear. Actually, there's one bit that shouldn't be elided, but
should rather be savoured, as it deals with the notices ISPs have to
deal with:
4.2. The carriage service provider must expeditiously
remove or disable access to copyright material residing on its
system or network upon receipt of a notice in the prescribed form
that the material **has been found to be infringing by a court**.
Somehow I doubt a court vetted the MPAA's claims.
> We request that you immediately do the following:
> 1) Disable access to this site;
> 2) Remove this site from your server; and
> 3) Take appropriate action against the account holder under your Abuse
Whatever's to be done about these blowhards?
116AJ
(3) The regulations may prescribe offences for conduct by persons
issuing notices under the regulations, and prescribe penalties for
offences against those regulations. [...]
(Yes, that really is the section number. No, the regulations aren't actually
available yet, ttbomk)
That part of the legislation comes into effect next year when the
FTA actually comes into force, so won't be available by 9th November
unfortunately. Obviously I skipped out lots of subsections and caveats
above.
IANAL, etc.
Cheers,
aj
PS: > ------------------------------
> Infringing Work: TWISTED
> Filesize: 7,021k
Damn, 7MB? That's awesome compression for a movie!
--
Anthony Towns <aj@humbug.org.au> <http://azure.humbug.org.au/~aj/>
Don't assume I speak for anyone but myself. GPG signed mail preferred.
``Like the ski resort of girls looking for husbands and husbands looking
for girls, the situation is not as symmetrical as it might seem.''
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