In pictures: iiNet issues piracy discussion paper

Aims to encourage legitimate use of online content

  • iiNet has released a discussion paper which the ISP hopes will generate productive public discussion about online content and a model for policing copyright infringement.

    This figure is intended to point out how the demand for content is not always met by maximum supply.

    "We believe that, where there is timely access to legal content, customers will readily pay or access advertising funded content," [[xref:|the paper|iiNet online content discussion paper]] reads. "While the Hollywood studios are late to the party, the music, print, software, computing and gaming industries have made great use of online digital distribution. The world’s biggest music retailer is online, the largest bookstore on the planet is online and the software and gaming companies would find it difficult to survive without online distribution."

    Reproduced [[xref:|with permission|iiNet online content discussion paper]] of iiNet Ltd

  • Top online video brands by total streams in the US (January 2011).

    iiNet offers a ‘Freezone’ to customers with a range of legal content.

    "Movie content though is rarely current or recent," the ISP notes in [[xref:|the paper|iiNet online content discussion paper]]. "In our opinion one of the most effective ways to reduce piracy is to make the content legally available in a timely fashion, at an attractive price. The Federal Court also recognized the effectiveness of this strategy,with Justice Cowdroy highlighting this in his Judgment, citing supportive comments from the studios and AFACT:

    “Mr Phillipson, Mr Kaplan and Mr Perry (three of the studio witnesses) gave evidence to the effect that it was their hope that the provision of legitimate means to gain access to copyright material online would reduce the consumption of copyright infringing material. Mr Gane gave similar evidence.”

    Reproduced [[xref:|with permission|iiNet online content discussion paper]] of iiNet Ltd
  • iiNet is proposing the addition of an independent body to police online copyright infringements.

    1.A content owner will carry out their own detective work and identify an offending computer making unauthorised copies of their content available for sharing via (typically) bit-torrent software. This will provide them with an ‘IP Address’ that can be traced by the issuing ISP to a specific internet service.
    2.The independent body will determine whether the evidence meets a test of ‘cogent and unequivocal evidence’.
    3.IP addresses can be provided to an independent body who is able to identify the issuing ISP and ask that ISP for contact details for the service account holder. The ISP provides those matching contact details to the independent body.
    4.Using those contact details the independent body can issue notices to the account holder informing them that they had been detected making unauthorised copies available, provide educative information, advise the consequences that may follow continued behaviour and ask the account holder to ensure that the behaviour stops.
    5.The independent body keeps records of the notices and may modify the notice for a repeat infringer, or seek further sanctions. Some of those sanctions may include fines, court charges or changes to the internet service.
    6.Consumers who believe the allegations are incorrect will be able to appeal the notice to the independent body. These appeals and/or complaints would be dealt with by the independent body.
    7.Consumers who believe an insecure wireless access (or other technical issue) may be involved, will be referred, by the independent body, to their ISP for technical assistance.

    Reproduced [[xref:|with permission|iiNet online content discussion paper]] of iiNet Ltd

  • Rather than ISPs wearing all the costs to manage infringement notifications, terminations and enquiries demanded by the studios, iiNet has identified at least five communication flows.

    Reproduced [[xref:|with permission|iiNet online content discussion paper]] of iiNet Ltd

  • iiNet tabulation ofthe activities, benefits and costs.

    "No doubt these allocations will generate some argument," [[xref:|the paper|iiNet online content discussion paper]] reads. "iiNet knows that there is a lot of discussion yet to be had, and that there are a number of stakeholders still to be engaged.

    "This paper is but an effort to make our position clear. It offers a way forward and attempts to lay out an overview of one possible model. Given the approach promoted by some content owners is totally unacceptable to ISPs, it is essential that another option is sought."

    Reproduced [[xref:|with permission|iiNet online content discussion paper]] of iiNet Ltd

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