Down by Law: HADOPI's diluted graduated response, iiNet's battle with Big Content

doll_yoko — Thu, 24 Mar 2011 07:30:27 +0000

Coordinated opposition had defanged the final version of Anti-Counterfeiting Trade Agreement (ACTA), and will continue attacking other supra-national digital enclosures such as the Trans-Pacific Partnership (TPP). Hence powerful copyright advocates including the International Federation for the Phonographic Industry (IFPI) and the International Intellectual Property Alliance (IIPA) have concurrently operated outside such treaty frameworks to pressure individual governments in an ‘especially aggressive’ way to force ISPs to police copyright infringements (Bridy 2010: 2). To date Britain, France, South Korea, and Taiwan, have incorporated various forms of graduated response into their domestic copyright enforcement systems (ibid.). Furthermore, other countries are exploring ‘private ordering’ options to enforce online copyright (Bridy 2010: 11-15; Toner 2011). These range from ‘cooperative relationships’ between major content distributors and broadband providers in which Internet Service Providers (ISPs) suspend repeat infringers’ accounts (in the United States), to ISPs being the ‘sole arbiter of the customer’s innocence or guilt’ terminating accounts without court orders (in Ireland). In Australia, the ISP iiNet after winning a precedent-setting law suit brought against it by an alliance of mainly US content owners proposed a graduated response model in which an ‘independent body’ meeting ‘community standards’ mediates the interests of all parties

The Next Layer - three strikes

Down by Law: HADOPI's diluted graduated response, iiNet's battle with Big Content