[AusNOG] "ISPs agree to graduated warnings for pirates"

[Noel Butler]

Absolutely agree, their intention might be well meaning, but there is
too many holes in it, perhaps someone from comms alliance here would
like to address these concerns? 

On 22/02/2015 12:37, Damien Gardner Jnr wrote: 

> It did seem a little one-sided there. It's all well and fine to say the process on the Rights Holder side must be certified, but there was no documented recourse if it should be found that the Rights Holder was telling furfies. For example, AFAIAC, should the Rights Holder be found to be making false allegations, the ISP should have the right to blacklist them and never deal with them again. 
> 
> Seems like the Account Holder needs some recourse BEFORE the Final Notice, also. For example, if the Account Holder is a household with 4 teenagers, AND lots of visiting friends, well, they have no way to tell who may have done it, so there needs to be a way to come back to the ISP and say 'Sorry, this was NOT me, nor was it someone I can identify, so please cancel this notice'.
> 
> I don't like the requirement for the ISP to send out the Final Notices via registered post, without there being some way to recoup that cost. Automated emails are all well and fine. But once you have to have someone print, fold, and stuff a letter, walk to the post office, get a tracking number, and then come back and enter that number into a system, that notice just cost you $30 to send. And then later when someone needs to audit that process because there was a failure in the system (The accounts junior that walked to the post office mixed up two of the tracking numbers), that notice then just cost you another $200+ in developer time. 
> 
> Seems to be putting a LOT of cost and administrative overhead on the ISP's, for NO benefit to ISP's or the community. All the benefit is on the Rights Holders. Perhaps a $10-20 per processed infringement notice incoming from the Rights Holders would be a good cost offset for the effort involved?
 
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