Tamara (Homes Down Under)

Downloaders Beware!

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    Australians have the reputation of being the worlds top illegal downloaders of movies.

     

     

    This decision will likely have an effect upon that.

     

     

    Interesting issues around the provision of internet connections / wireless access in rental properties although this case seems to be around the further distribution thereafter!

     

     

    Court ruling on whether Australian ISPs must hand over customer data over movie downloads

     

     

     

    • NICK WHIGHAM
    • news.com.au
    • April 08, 2015 6:10AM

     

     

     

     

     

     

    110215-1c728b28-dc0f-11e4-90d8-bc21b5c83438.jpg

    Jared Leto and Matthew McConaughey in Dallas Buyers Club.

     

     

     

    A LANDMARK court ruling handed down yesterday will have lasting implications for the ongoing fight against illegal downloading and file sharing.

     

    The Federal Court Justice, Nye Perram handed down the verdict in favour of Dallas Buyers Club LLC at 2.15pm yesterday.

    The Hollywood studio had requested that iiNet (and a few other Australian ISPs) divulge the identity of customers whose IP addresses were found to have shared the film Dallas Buyers Club illegally.

    The company owns the rights to the movie and identified a total of 4726 IP addresses that engaged in the illegal activity. The ruling means that the company will now be given the contact details of the offenders and will be able to pursue them directly for compensation.

    While iiNet challenged the request, the successful suit could result in thousands of Australians being sued directly for copyright breaches.

    Other ISPs that will have to hand over their customers data include Internode, Adam internet, Amnet Broadband, Wideband and ISPs Dodo.

    The information to be disclosed by ISPs include the names, email and residential addresses of those who allegedly committed the copyright breach.

    The IP addresses identified belonged to those who “seeded” the movie, making it available for download by others on a peer to peer network. It is understood the rights holders employed technology from German firm Maverickeye UG, which according to the company’s website helps rights holders detect and retrace copyright infringement.

    Prior to the decision, the Hollywood studio stated they will send letters to the offenders seeking compensation.

    However during the case, iiNet raised concerns over “speculative invoicing” in which rights holders send aggressive letters to those in breach of copyright, threatening legal action and asking for a disproportionate amount of compensation to avoid a court case. The tactic was used by the company in similar cases in the US.

    While Justice Perram could have placed a cap on the dollar amount that could be sought through such extrajudicial methods, he chose not to. He did, however, order that any letters being sent to the alleged offenders must be seen by him first.

    There is no indication yet as to whether iiNet will appeal the decision, but they have 28 days to do so.

    The watershed verdict in favour of the rights holder will no doubt have a major impact on Australian ISPs and their customers. Many of whom can now anticipate a rude letter in the mail.

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    Australia has such a problem with it because they don't have the same access - it's Hollywood just begin greedy with their regional DVDs and release dates. At least with Netflix there's a bit of light but perhaps Hollywood needs to recognise that maybe the rubbish they often throw out isn't necessarily worth the millions they think it is.

     

    I'm not saying downloading is right - of course people should be paid fairly for the work they do but why is it distributed like it is - on someone's whim.

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    Here's an update to this...

     

    TECHNOLOGY

     

    Days numbered for illegal downloaders as crackdown is given tick of approval

     

    • JAMES LAW
    • NEWS.COM.AU
    • JUNE 12, 2015 8:07AM

     

     

     

     

     

    962469-e47c79c4-1023-11e5-92d4-be2ab03e6b13.jpg

    A government crackdown may hamper Australians’ ability to illegally download Game of Thrones.

    Government considers ban on torrent sites

     

     

    promo230804688&width=650&api_key=kq7wnrk4eun47vz9c5xuj3mc

     

     

     

     

     

     

    DO YOU sneakily download or stream TV shows, movies or songs without paying?

    Well, the government’s crackdown on the illegal practice has passed a crucial hurdle, which may make the practice much more difficult.A cross-party Senate committee has given the tick of approval to a law that would give power to big companies to block sites that offer pirated content, such as popular torrenting site KickassTorrents and streaming service Project Free TV.The Bill would allow copyright holders, such as Hollywood studios and record companies, to apply to the Federal Court to require carriage service providers to block Australians from accessing offending sites.Copyright holders would be able to apply directly to the court for an injunction to disable access to the sites without having to establish whether the carriage service providers, which house the sites, are liable for the offending content.index

    The power to block offending sites would only apply to those operated outside of Australia.The Bill states that the copyright holders would need to meet and “intentionally high threshold test” so that only sites that “flagrantly disregard the rights of copyright owners” are blocked.The crackdown is designed to be an efficient way to “disrupt the business models” of infringing sites.966143-566285fc-1023-11e5-92d4-be2ab03e6b13.jpg

    Streaming site Project Free TV.

     

     

    966523-51bbaa9c-1023-11e5-92d4-be2ab03e6b13.jpg

    Popular illegal site KickassTorrents

     

     

    The proposed law went before a cross-party committee, which has recommended the law be adopted with minor amendments.This means that the proposal has been given the bipartisan rubber stamp and is almost certain to pass into law.Consumer advocacy group Choice has slammed the decision, saying the reform amounts to an “industry-run internet filter” that would “limit access to international websites that offer consumers a greater range of more affordable products and services”.“At its heart, this is about protecting uncompetitive local industries who have failed to provide timely and affordable content and services,” Choice campaigns manager Erin Turner said.Ms Turner said the reform wasn’t about just stopping access to torrenting sites such as Pirate Bay or KickassTorrents. It was also designed to stop Aussies from using virtual private networks (VPNs), which can allow Australians to circumvent geoblocks in order to access overseas streaming services.Many Aussies use VPNs to access the US version of Netflix because it offers more content than the recently launched Australian version.“We know both sides of politics are under a lot of pressure from big rights holders to support this new law and it looks like they have given in,” Ms Turner said.The Greens submitted a report criticising the Bill, saying that it would give a “significant new censorship power” to the court and copyright holders.At the same time, the submission questioned the effectiveness of the crackdown.“There is a substantial weight of evidence showing that it will be relatively easy to evade the Bill’s provisions, that it does not contain appropriate safeguards, and that it may result in legitimate online sources being blocked,” The Greens submission read.“Most importantly, there is also a significant weight of evidence showing that the Bill will not meet its aims, as it does not address the underlying cause of online copyright infringement: The continual refusal of offshore rights holders to make their content available in a timely, convenient and affordable manner to Australians.”The Senate committee has recommended that the government review the effectiveness of the scheme after two years.So will it actually work?The same type of torrent blocking system has been in the UK since 2011 with little success. Some of the most popular torrenting sites in the world, including The Pirate Bay and Kick Ass Torrents have all been blocked, but locals keep finding a way to download content.Typically, within hours of a site being put on the block list by an internet provider, hundreds of mirror sites that offer the same content pop up for users to access. Then of course, by the time those are blocked or taken down, there are just more to replace them. It’s a never ending circle.Other methods UK locals have been using to get around the block include using proxy websites, which stop the ISPs from thinking you’re actually visiting those websites.As a result, these proxy sites have also been blocked.However, The Pirate Bay, the world’s biggest torrenting site now uses a new service to host the site which stops most ISPs from being able to block it. The new service effectively hides the information about The Pirate Bay from internet providers, making it harder for them to block access to their main site.James Brandes from ORGZine, a UK digital rights magazine, says: “Not only is the block policy fundamentally failing, but it raises important censorship.”

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