[AusNOG] Copyright Act 1968 - SECT 115A

[Skeeve Stevens]

Julian,

Can you keep updated if the lawyers decide to proceed?

Given you don't have to actually attend court (hence incurring costs - but
I'd sit in the background anyhow), don't they have to prove to the court a
few things anyhow.

Especially since this seems to be a trademark issue, not a copyright one.
I'd let the people bringing the action spend their money in court - don't
defend it as it doesn't really make much of a difference as they have a
test to meet anyhow, and whether or not they meet that test is largely up
to the judge and not you.

The odd thing is... you are a small ISP... and these guys would have to
bring the suit many times over to get any effect.

I'd like to see them take on Telstra/Optus/TPG/iinet to see what they would
do in this situation.  Or... are you being used as a test case..... but
honestly, it seems like a pissy little issue, so likely it is just a threat
and wont proceed beyond that unless they want to throw a lot of money
around.


...Skeeve


--

Skeeve Stevens - The ISP Guy - Internet Provider SME

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On Tue, Nov 17, 2015 at 1:04 PM, Julian De Marchi <julian at jdcomputers.com.au
> wrote:

> 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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