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#121 |
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The entertainment industry frontpiece AFACT is locked in a big legal battle with iinet, a major ISP here in Australia. As the big two ISP's were too big to take on, they chose to go at No.3
This has now gone to appeal at the High Court as iiNet has won both the initial Federal Court hearing and AFACT's appeal to the full bench of the Federal Court. AFACT have expended tens of millions of dollars trying to nail iiNet for (their words) facilitating and encouraging piracy. iiNet refused to pass on AFACT notices or cut off internet access of alleged (by AFACT) infringer's. Their belief was that they do not act as sheriff for AFACT. Indeed iiNet did pass the infringement notices over to the Federal Police. But as the evidence was not substantive enough.... BTW, iiNET do offer legal free and paid for TV and movie streaming via their Fetch TV package. The truth of it is that the entertainment industry find litigation far more profitable than the rubbish they currently serve increasingly savvy and annoyed customers. Why change a flawed distribution model when you can make money that way? Last edited by sabredog; 03-28-2011 at 12:26 AM. Reason: grammar |
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#122 |
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#123 |
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You are mistaken. Downloading copyrighted material without the permission of the copyright holder is not legal in the USA.
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#124 | |
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#125 | ||
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From Media CAT Ltd v Adams & Ors [2011] EWPCC 6 (08 February 2011) :
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The judge gave a strong indication that if they had not withdrawn from the letter writing business he would have been inclined to make an order legally preventing them from continuing the practice. Last edited by murraypaul; 03-28-2011 at 04:34 AM. |
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#126 |
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#127 | ||
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For exactly the same reasons, they would be far happier if people just settled and paid a 'fine' rather than having to prove their case in court, and their standard of evidence would be the same as in the ACS:Law cases, that they have identified an IP address, not a person. And in practice, are rightsholders going to do this themselves, or are they going to contract it out to the highest bidders? Which leads us back to cowboys like ACS: Law. Incidentally, it looks as though the proposed rules would not make a person liable for hacked WEP WiFi: Quote:
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#128 | |
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Quote:
http://www.ifpi.org/content/section_news/20100428.html See also: http://www.bpi.co.uk/press-area/news...o-deliver.aspx http://www.bpi.co.uk/press-area/news...s-in-2008.aspx http://arstechnica.com/tech-policy/n...ts-in-2009.ars |
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#129 | |
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If you look at the number of false positives ACS Law had, think how many there will be when it is all automated at the ISP level (which is the only feasible way to do it without internet subscriptions doubling). |
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#130 |
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Not really, since the DEA requires the same level of "evidence" that ACS were providing in order to get their mailing list. That "evidence" has already been thrown out of court. If you really want to prosecute 7 million people that's fair enough, but you really should make sure it doesn't also suck in an extra 10 million innocent people just because it costs too much to gather evidence. And you certainly shouldn't punish an entire family for the actions of just one person.
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#131 | |
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http://www.bbc.co.uk/news/uk-10900573 ![]() |
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#132 |
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If it's a "family" internet connection, whom do you prosecute if nobody will confess to the crime? Surely the owner of the internet connection is the only sensible choice, just like, if you're caught by a speed camera, the registered owner of the car will be prosecuted if nobody else admits to being the driver.
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#133 | |
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If you're caught by a speed camera there is a photo that will often show the driver's face. Proving guilt should always be a requirement before punishing anyone. If you can't prove who is guilty you obviously have no evidence. |
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#134 |
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Sorry, I think we're talking slightly at cross-purposes. I am referring to the case where there is clear evidence that a download has occurred via someone's internet connection (eg via evidence provided by an ISP), but that nobody in the household will admit to doing it. What should be done in that case? The evidence is there, but nobody will own up to it.
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#135 | |
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But what happens when someone doesn't own up to a different crime? Do they prosecute the entire family or look for further evidence until they can prove which one it was? |
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