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<div class="moz-cite-prefix">On 6/23/2015 10:47 PM, Robert Hudson
wrote:<br>
</div>
<blockquote
cite="mid:CAOu9xNKq2TG1qR05W5thBG9C+Rwookdg++_FXYWCpgTUpdK9yA@mail.gmail.com"
type="cite">
<p dir="ltr"><br>
On 23 Jun 2015 9:56 pm, "Chad Kelly" <<a
moz-do-not-send="true" href="mailto:chad@cpkws.com.au">chad@cpkws.com.au</a>>
wrote:<br>
><br>
> On 6/23/2015 8:51 PM, <a moz-do-not-send="true"
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"><br>
</p>
</blockquote>
But people will still pirate content, the industry would be better
off focusing on making content available online and at an affordable
price. <br>
We have this stupid setup at the moment with distribution deals
where not all content on NetFlics is available in Australia. Those
deals should of been dumped as soon as the Australian market was
enterd. <br>
It defeats the purpose of entering the market, as you still need a
VPN to access the USA version of the site, having an Australian
presence was meant to make more content available. <br>
Its pointless them investing money in Australia if everyone is going
to just access the US version due to having more content. <br>
Dump the distribution deals and stop whinging about going broke,
after all, the film and TV industry will just go more broke trying
to fight piracy. <br>
You won't be able to stop all VPN providers, its just not practicle.
<br>
Anyway I think I am preaching to the converted a bit hear. <br>
<br>
<br>
<br>
<pre class="moz-signature" cols="72">--
Chad Kelly
Manager
CPK Web Services
web <a class="moz-txt-link-abbreviated" href="http://www.cpkws.com.au">www.cpkws.com.au</a>
phone 03 9013 4853</pre>
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