<p dir="ltr"><br>
On 23 Jun 2015 9:56 pm, "Chad Kelly" <<a href="mailto:chad@cpkws.com.au">chad@cpkws.com.au</a>> wrote:<br>
><br>
> On 6/23/2015 8:51 PM, <a href="mailto:ausnog-request@lists.ausnog.net">ausnog-request@lists.ausnog.net</a> wrote:<br>
>><br>
>> However, if *you* are the first test case, how do you plan to show to the court what<br>
>> you interpreted as reasonable, and how you tried to use reasonable means? The court<br>
>> order won't tell you what 'reasonable' might mean, or what measures might be<br>
>> considered unreasonable. The content organisation that asked for the injunction<br>
>> certainly won't tell you.<br>
><br>
> Well funnily enough, most web hosting providers hear in Australia prohibit the hosting of copyrighted material and will remove it from the servers if they find it. Or unless you can prove that you have a licence for it. <br>
> They have all this stuff outlined in the Terms of Service agreement when a user signs up. <br>
> The majority of hosting providers have the ability to Terminate accounts quite easily, or they can suspend accounts at a minimum.</p>
<p dir="ltr">Not particularly relevant here, as this law allows rights holders to request access to sites hosted anywhere in the world is blocked - this isn't limited to blocking content hosted in Australia (take-down orders already existed for this).</p>
<p dir="ltr">> Also Geo blocking is considered reasonable, yes I know it does not work that effectively, but as long as it looks like your doing something the courts don't have an issue. Most judges don't have a clue when it comes to IT.</p>
<p dir="ltr">Whether geo-blocking is reasonable is a matter of perspective - but is also irrelevant in this case again. This law is about stopping Australian Internet users from accessing content hosted anywhere in the world.<br>
<br>
> As for the VPN argument, that is outside of the ISP and web hosting providers control and so it would be up to the VPN provider to give the courts your details.</p>
<p dir="ltr">It is entirely feasible that a rights holder could convince a judge (who you already noted may well be clueless when it comes to IT) that the primary use case for a particular VPN service is copyright infringement, and to create an order to block access to that VPN service.</p>
<p dir="ltr">> Long story short these laws won't make a difference.</p>
<p dir="ltr">They will make a LOT of difference. These laws are Internet filtering/censorship in the name of protecting the profits of foreign and local rights holders (corporations), with no discernible benefit to the general Australian public (and in fact with demonstrated negative impacts to the general Internet-using population). What a great reason to create new Australian laws.</p>
<p dir="ltr">And of course, the federal Labor opposition was once again missing in action, leaving it to the Greens to be the (unfortunately largely ignored) voice of reason (until ~5 years ago, I never thought I'd be saying that...).</p>