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Originally Posted by SteveEisenberg
In the area of respect for copyright, there isn't much question that it is broken down. Whatever you think of copyright enforcement being privatized to become the responsibility of ISP's, this does indicate the justice system has broken down.
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The MPAA tried that on via their front AFACT here in Australia and lost dismally.
The High Court determined that the current system of letters sent to ISP's notifying them of copyright breach were not acceptable in the Australian legal system
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While an industry- or government-led solution might be some time away, the film studios face a more pressing problem.
The High Court has effectively disabled the practice of copyright owners sending reams of notices to ISPs that detail alleged cases of infringement.
"I think they've really shot these types of notices between the eyes," Griffith Hack's Wayne Condon says.
"In a practical sense I think [the High Court] might have sounded the death knell of this approach of providing notices to ISPs of allegedly infringing conduct with a view to giving rise to a responsibility or obligation for the ISP to take action based upon [those notices]."
The full bench of the Federal Court provided a prescriptive set of conditions under which the studios might improve the notices to the point where ISPs were obliged to action them.
The High Court, however has reset that bar almost impossibly high.
It noted that the information in AFACT's notices "did not approximate the evidence which would be expected to be filed in civil proceedings in which interlocutory relief was sought by a copyright owner in respect of an allegation of copyright infringement".
The inference is clear - the studios must produce notices to a court's evidentiary standards for the notices to even be considered legitimate enough to be acted upon.
"That's a pretty significant amount of evidence, proof, documentation," Baker & McKenzie's Adrian Lawrence says.
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http://www.itnews.com.au/News/298090...verdict.aspx/3
The legal system has determined that MPAA has no authorisation making ISP's act as their policemen.