ISPs reform piracy policy in wake of iiNet case

By MICHAEL BYRNE
Internet service providers Optus and Extel announced last week (9 February 2010) that they would no longer penalise users who infringe copyright on their networks.
The policy changes happened in light of the recent AFACT v iiNet decision in the Federal Court, which held ISPs not responsible for the actions of their users.
The announcement has come as a further blow to the film industry as it grapples with this new legal precedent and online piracy as a whole.
The Minister for Broadband, Communications and the Digital Economy, Stephen Conroy, has told the ABC’s Hungry Beast website that the issue is best resolved by agreement between industry bodies.
The comments have come after the Federal Government refused to commit to a legislative response to the case.
Conroy said that the film and internet industries needed to sit down, settle their differences and create a code of practice that protected both parties.
However, Conroy acknowledges there is conflict amongst the internet and film industries.
“[There is a] refusal to even hold a dialogue… I’ve been trying two years to encourage the sectors to have [one],” he said.
Bruce Arnold of research consultancy Caslon Analytics believes an industry agreement is impossible.
“The interests of both bodies are too conflicting to come up with an agreement which satisfies both,” he said .
“I don’t think [the Government] has ever believed [the problem will be solved by industry bodies alone],” he said.
Arnold suggests there may be a lack of enthusiasm for the Government to get involved.
“There is some sense in the legal community that Parliament is tired of copyright reform,” he said.
However, the Australian Federation Against Copyright Theft still anticipates an imminent change of copyright laws.
“We are confident that the Government does not intend a policy outcome where rampant copyright infringement is allowed to continue unaddressed and unabated via [ISP networks],” AFACT executive director Neil Gane said.
AFACT has lodged an appeal .