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

[Jeff Young]

> From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Matt Perkins
> Sent: Monday, 23 February 2015 1:13 PM
> To: Robert Hudson
> Cc: ausnog at lists.ausnog.net
> Subject: Re: [AusNOG] "ISPs agree to graduated warnings for pirates"
>  
> Hi Robert,
>  I should not have been so absolute. There is a circumstance where both meta data retention and this "Pirate Code". Will not go ahead. It's if Australia withdraws from or modify the terms of the US/AU FTA.  Under the Free Trade Agreement we need to take all reasonable measures to insure Australian's follow the law (US LAW) in regard to dealing with the rights holders. That's up to providing evidence to convict an Australian in a US court.  
> 
> So as long as we keep on with the US/AU FTA we will be doing this in some form or another. Doing nothing is not making reasonable efforts.   That's not taking into account eveything we dont know we have agreed to as part of the Five Eye's . 
> 
> Let's get on with working out how to make this as least painful for us as possible. To my mind that's working with whomever has taken the initiative to set this up.  We are in a better boat here then data retention. At least someone is slightly on our side. 
> 
> Matt.
> 

It seems to me that the measures being debated here in Australia are more onerous and have more implications for this community than what is actually in US LAW:

from en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

Title II: Online Copyright Infringement Liability Limitation Act[edit]
DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements. OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of subpoenas against OSPs to provide their users' identity.

and what is debated presently in US courts (that could become part of US LAW):

https://torrentfreak.com/cox-communications-sued-for-not-disconnecting-pirates-141128/

Probably not a great idea to jump ahead…

jy
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