Tuesday, November 29th 2011

File Sharing: Big 5 Aussie ISPs Gang Together Against Their Customers

Well, it looks like Big Content finally got to them, because Australia's five major ISPs (Telstra Bigpond, iiNet, Optus, iPrimus and Internode) are all ganging up together in a group called The Communications Alliance to screw over their customers in the name of Big Content. They are going to start sending out warning letters to their customers on mere accusations of copyright infringement, as part of an 18-month trial. These warning letters, termed "educational notices" to spin them as some sort of favour to their customers, would be sent on apparent evidence of infringement, based on IP address – that same method that has proven to be so unreliable, especially against home users, many times over. If their customer still doesn't get it, after three of these "educational notices", the copyright holder gets to enjoy pursuing the "offender" through the courts. The real tragedy, is the way that all this is based on an assumption that file sharing causes lost sales, as they state themselves that the effect is impossible to prove and hence rely on statutory damages. Big Content has never proved it and indeed several studies have shown that file sharing doesn't actually hurt sales and often has a positive effect, as we reported here. The big surprise out of this lot, is to see plucky ISP iiNet in this hall of shame since they were the ISP who'd fought the Australian Federation Against Copyright Theft (AFACT) who had argued "that the ISP infringed copyright by failing to take reasonable steps — including enforcing its own terms and conditions — to prevent customers from copying films and TV shows over its network." - and actually won.


Source: ABC News
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42 Comments on File Sharing: Big 5 Aussie ISPs Gang Together Against Their Customers

#1
wolf
Performance Enthusiast
definitely odd of iiNet to jump on that bandwagon, I am with them now and worked with iiNet for ~18 months too, and this just doesn't seem like them...

Also it's Aussie :toast:
Posted on Reply
#2
qubit
Overclocked quantum bit
by: wolf
definitely odd of iiNet to jump on that bandwagon, I am with them now and worked with iiNet for ~18 months too, and this just doesn't seem like them...

Also it's Aussie :toast:
It's the dollars, isn't it? Just apply enough pressure while at the same time waiving enough money under the executive's noses and they will comply. Stinks. :shadedshu

Eek! :eek: Forgot to say... thanks to Wyverex for the news tip. :toast:
Posted on Reply
#3
Jack Doph
That's not quite accurate Q.
"During the trial, rights holders would send copyright infringement notices, including evidence of copyright infringement and the IP address involved, to ISPs who would then send "educational notices" to the internet users concerned."
Evidence *MUST* be accompanied with the accusation.

http://www.abc.net.au/news/2011-11-29/copyright-holders-unhappy-with-piracy-plan/3701888

As per usual, however, the Copyright holders have their rights secured, whereas those of the end user are the last to be addressed, if ever :/
Posted on Reply
#4
qubit
Overclocked quantum bit
It is right JD, because the evidence is all based on the IP. What other way have they got? Have a read of the article I pointed to which explains why going IP address is such a faulty method.

Big Content of course, don't give a shit about this, just as long as they can intimidate people with it.

Our Aussy friends such as Wolf and Mussels must be really pissed off about this and who can blame them?
Posted on Reply
#5
jalex3
Internode.... I did not expect this of you :shadedshu. iinet.... why....
Posted on Reply
#6
Jack Doph
I did read it my friend :)
Also saw the show on the ABC about it.
So far, here in Queensland at least, we've seen less of this effect then our southern mates have (NSW and Victoria tend to be targeted first, due to the larger population there).

I don't object to rights holders enforcing their Intellectual Property, but, as already pointed out, getting unequivocal evidence is difficult to obtain at best, and impossible at worst.
Also, there's always that fine line between privacy and law-breaking..

The biggest issue is always the government - it sticks its nose in an environment it knows little to nothing about :/
Posted on Reply
#7
FordGT90Concept
"I go fast!1!11!1!"
I wonder what the ISPs gain from this. All I see happening is losing customers.
Posted on Reply
#8
qubit
Overclocked quantum bit
by: FordGT90Concept
I wonder what the ISPs gain from this. All I see happening is losing customers.
The problem is that "gang" I talked about. With all of them doing it, where does the customer go to avoid this shit? Everyone knows this, which is why Big Content is roping them all in.

Sure, there's a bunch of smaller ISPs, but they'll get sucked in too, in time.
Posted on Reply
#9
Jack Doph
by: FordGT90Concept
I wonder what the ISPs gain from this. All I see happening is losing customers.
Some ISPs (most notably Telstra), get access to some of the Hollywood studios' movie releases, which can then be streamed for a small fee to its customers.
An exclusive deal such as that, is a real money spinner for the ISP in question. For that, they're asked to show some 'goodwill', which inevitably results in stunts like this.
Also, the perpetual threat of being taken to court has already sent many smaller ISPs to the wall, due to a lack of legal funds :/
Posted on Reply
#10
FordGT90Concept
"I go fast!1!11!1!"
by: qubit
Sure, there's a bunch of smaller ISPs, but they'll get sucked in too, in time.
Smaller ISPs are more inclined to close their doors than compromise their customers.
Posted on Reply
#11
random
I am guessing iiNet jumped in for the dough, my fiance works for iiNet and they currently have a strong focus on FetchTV sales which is essentially IPTV. I guess this is one way they could get more subscriptions. TPG anyone?

EDIT: Aren't all of these ISPs renting lines from Telstra anyway? Telstra could be the one pulling strings here.
Posted on Reply
#12
qubit
Overclocked quantum bit
by: FordGT90Concept
Smaller ISPs are more inclined to close their doors than compromise their customers.
Yeah, some are and big respect for them. :respect:
Posted on Reply
#13
Jack Doph
by: random
I am guessing iiNet jumped in for the dough, my fiance works for iiNet and they currently have a strong focus on FetchTV sales which is essentially IPTV. I guess this is one way they could get more subscriptions. TPG anyone?

EDIT: Aren't all of these ISPs renting lines from Telstra anyway? Telstra could be the one pulling strings here.
That used to be true and in some cases still is.
Most notably Optus, has shelled-out big time to get its own lines, as have iiNet and TPG (albeit it to a much lesser extent).
Posted on Reply
#14
entropy13
This is 5 days old news, Torrent Freak already reported on this on the 25th. There are more info, as well as a link to the full proposal, here.
Posted on Reply
#15
Jack Doph
by: entropy13
This is 5 days old news, Torrent Freak already reported on this on the 25th. There are more info, as well as a link to the full proposal, here.
Actually, it's already a week old, but some in the media here caught on very late ;)
Posted on Reply
#16
qubit
Overclocked quantum bit
by: entropy13
This is 5 days old news, Torrent Freak already reported on this on the 25th. There are more info, as well as a link to the full proposal, here.
by: Jack Doph
Actually, it's already a week old, but some in the media here caught on very late ;)
Huh! If you think that this is old news, I came across DSO Gaming last week that were "leaking" the HD 7000 specs. However, this news is 2 months old! I didn't write it up...

Regardless, it's still relevant to discuss here, especially as it's such a controversial issue.
Posted on Reply
#17
Jack Doph
by: qubit
Huh! If you think that this is old news, I came across DSO Gaming last week that were "leaking" the HD 7000 specs. However, this news is 2 months old! I didn't write it up...

Regardless, it's still relevant to discuss here, especially as it's such a controversial issue.
With "here", I meant the local media here in Aus ;)
Yes, it's still very much pertinent!
Posted on Reply
#19
mediasorcerer
Ive got one word to say to those 5 corporations=wankers!!
Posted on Reply
#20
Live OR Die
LOL looks like ill be using a VPN to download ;) good luck tracking it to russia
Posted on Reply
#21
RejZoR
Maybe all users should just break the contract and screw their alliance over. I wonder how long will they operate without customers...
Posted on Reply
#22
Crusader
Even if they track you down to your IP, they can't prove it was you who downloaded said file(s); With numerous people in the house, weak or unsecured wireless, regular visitors (house LANs, etc), it could have been anyone.
They should not be able to charge you on that. Unless of course, they search your personal computer and find it (they'll need me at gun point to even get that far, wankers).
Posted on Reply
#23
rampage
im with DODO, i will see what they do, hell what do they expect with a "unlimited" plan. hell as we know not all P2P is bad some of it is quite legal. and with closed torrent sites who only put up clean files, how do they expect to track all this (moral of the story ppl will just not use public sites)

worst case i think some will hire a over seas seed box and torrent to that and download via FTP.

as for telstra being a big player in this, they have their "telstra T-Box" where you pay and watch movies from online. so it would be hurting them
Posted on Reply
#24
qubit
Overclocked quantum bit
by: Crusader
Even if they track you down to your IP, they can't prove it was you who downloaded said file(s); With numerous people in the house, weak or unsecured wireless, regular visitors (house LANs, etc), it could have been anyone.
They should not be able to charge you on that. Unless of course, they search your personal computer and find it (they'll need me at gun point to even get that far, wankers).
Exactly, thankyou. :) I dunno if you saw my link on why this is so in the article? That points to an interesting PC Pro article that explains why in detail.
Posted on Reply
#25
Completely Bonkers
IPv6 will help remove the uncertainty of "who" did the infringement. I'm sure in 5 years time ISP's will be issuing us with static IPs and routers and PCs will be on IPv6. Enjoy the last hours of anonymous freedom!
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