[AusNOG] Copyright Act 1968 - SECT 115A

[Julian De Marchi]

On 24/11/2015 8:35 AM, Skeeve Stevens wrote:
> Julian,
>
> Can you keep updated if the lawyers decide to proceed?

I'll keep the community updated with what I can with-in the law.

> 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.

Which is exactly what the legislation lays out. This is why I raised the 
issue with the community, education.

> 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.

I don't need to defend anything here as per legislation. It does state 
if any party(ISP) does defend, then they are liable.

> 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.

Indeed. I think they were testing the waters to see if it could be 
by-passed. Again, which is why I raised it here.

> 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.

I agree totally with you here. I really think I might have been a test 
case here to see if we'd just do what they asked. However we have a 
responsibility in this game. I just want the issue aired so if other 
ISPs get similar letters from others they have a reminder of how they 
should be treating it.

Again it highlights how our government is failing the ISP industry. 
Maybe they should "consult" more next time, and not just with the big 
players or Comms Alliance.

I'd like to see town hall style meetings take place where they can 
invite regional and city ISPs whenever they decide to consult.

--julian

> ...Skeeve
>
>
> --
>
> Skeeve Stevens - The ISP Guy - Internet Provider SME
>
> Email: skeeve at theispguy.com ; Cell: +61(0)414 753 383
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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 piracy 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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>