[AusNOG] Copyright Act 1968 - SECT 115A

Julian De Marchi julian at jdcomputers.com.au
Tue Nov 17 13:04:27 EST 2015


Hey guys and gals,

I would like to raise an education issue with the community. Back in 
June 2015 the government passed amendments[0] to the Copyright act of 
1968[1] which allows copyright holders to get an injunction from the 
Federal Court to allow a website deemed to facilitate privacy be blocked 
at the ISP.

As of today there are no current cases[2] before the court.

Yesterday I received a letter from lawyers representing a company who 
requested that I block a site at the ISP I work for. They do not appear 
to have approached the court for an injunction from the research I have 
performed[2]. They also did not provide any court documentation with the 
letter saying they have done so. The letter was threatening in nature 
and gave me 7 days to block the said website.

I'm afraid that I would not have been the only one to receive such 
letters in our industry. The point of my email is to remind folks of the 
legislation and the required processes right holders have to adhere to 
in order to have a website(hosted overseas) blocked. No matter how 
threatening a letter might seem, you do not need to block[3] a website 
until an injunction has been issued from the Federal Court. Remember, we 
are not the judge, jury or executioner here.

--julian

0 - http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s115a.html
1 - 
http://www.eralegal.com.au/2015/07/03/blockading-pirates-digitally-plundering-fair-shores/
2 - https://s115a.com/cases/current
3 - https://s115a.com/sites/tips


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