The Australian Government today announced it is going ahead with an ineffective “strategy” to “tackle” online copyright infringement, which puts a gun to the head of ISPs by requiring undue compromise with the copyright industry or face legislative regulation. Despite being demonstrably futile, the Government will be pursuing both a notification scheme and court-ordered website blockades. The Pirate Party opposed both as neither will reduce infringement in Australia and do not address the more pressing issues of accessibility and affordability, instead targeting normal human behaviour.
It appears copyright holders will be able to request that an Internet service provider (ISP) sends an educational notice to an alleged infringer, with no actual penalty attached. Copyright holders will also be able to seek an injunction that requires ISPs to block access to websites that allegedly infringe copyright or facilitate infringement. Groups including “wifi providers” and “libraries” are also unreasonably expected to act as “copyright cops” according to an FAQ on the Minister for Communication’s website.
“This proposal is effectively the beginning of an Australian version of the failed US Stop Online Piracy Act. Notification schemes, graduated response schemes and website blocking do not work. They are costly, ineffective and disproportioned, as evidenced by academia and decisions of foreign courts. Fighting the Internet itself as opposed to solving the lack of convenient and affordable access does not work, nor does propping up business models that rely upon the control of content consumption in the digital environment,” commented Brendan Molloy, President of the Pirate Party.
These points have been refuted strongly by the Pirate Party and others in their submissions on the Government’s Online Copyright Infringement discussion paper. The efficacy of blocking websites was examined in a Dutch Court of Appeals case earlier this year, where the Court found there was insufficient evidence that blocking the Pirate Bay was effective at reducing copyright infringement and ordered that the blockade could be lifted. The Pirate Party arranged a translation of the judgment, which is available from the Pirate Party’s website.