International Law

Three copyright strikes and you're out!

The Sydney Morning Herald reports that the Rudd Government is considering introducing a three-strikes policy against computer users who download songs illegally:

AS THE internet threatens to kill the established music industry, the Rudd Government is considering a three-strikes policy against computer users who download songs illegally.

The Government will examine new legislative proposals being unveiled in Britain this week to target people who download films and music illegally. Internet service providers (ISPs) there might be legally required to take action against users who access pirated material.

The music industry estimates 1 billion songs were traded illegally by Australians last year.

Under the three-strikes policy, a warning would be first issued to offenders who illegally share files using peer-to-peer technology to access music, TV shows and movies free of charge. The second strike would lead to the offender's internet access being suspended; the third would cancel the offender's internet access.

The policy would mirror legislation being introduced in Britain, which would require ISPs to police the activities of users.

Communications Minister Stephen Conroy said the Government was aware of the views put by the music industry for a code of conduct for ISPs to address file-sharing by subscribers.

"We will also examine any UK legislation on this issue [including any three-strikes policy] with particular interest," he said.

...

National Internet Industry Association chief executive Peter Corones said his members' reservations over the three-strikes and code of conduct proposals would be discussed with Mr Conroy this week.

He said present legislation provided severe penalties for dealing in pirate sound recordings that infringe on the rights of artists, composers, record companies and music publishers. Yet there was no action to date.

Penalties include injunctions, damages and costs, fines of up to $60,500 for individuals and up to $302,500 for corporations per infringement and up to five years' jail.

"Internet service providers are not the enforcers of copyright," Mr Corones said. They are "a mere conduit" for internet connectivity.

Any action by the Government is likely to displease young broadband users. Quantum Market Research YouthSCAN released the findings of a new study this month showing 63 per cent of young Australians felt there was no point in paying for music that was freely available.

It asked 600 Australians aged between 10 and 17 across NSW and Victoria in August and September about accessing music.

Consultant Nick Dawes said a no-pay attitude had developed among young people because they did not fear any retribution.

Their attitude is: "If we can get it for free, why not?"

Read more here.

Full post as published by Freedom to Differ on February 17, 2008 (boomark / email).